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miteaide

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About miteaide

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  1. Thanks for your replies. BankFodder: AFAIK, Cifas does not hold any facts, just information so have not consulted it. slick132: Were already into the claim. The bank has retuned the money it owes but not the interest and court fees. Bit long winded but it relies on evidence which has not been produced a year into the claim. I'd just like some way of the court ordering the bank to comply with the t&cs.
  2. My bank froze my account and held onto my money saying my signature was forged and that I had not provided ID. This was despite the bank sending a covering letter thanking me for the proof of address & ID when it posted my photo card driving licence back. It stopped sending me statements etc so the service is unusable and the banks broken the T&Cs. Can anyone on the forum suggest wording similar to what would go in an court order for my submission to the county court hearing (in general terms)? What I'd like is the bank to comply with the contract. I can
  3. Thank you for replying The defendant disputed the claim but filed/served no evidence as it doesnt have to before a trial. This financial institution then paid back what money it had of mine but not the court fee, 8% interest etc so the stay on N1 form notes does not apply.
  4. If a claimant makes an application to lift a stay that does not exist, what sanctions could before the claimant? What tools does the court or defendant have to get the claim thrown out despite being valid in these circumstances? The claim status is unknown after the defendant filled its defence and the court does not respond to communication.
  5. There's no such thing as the small claims court, just a small claims track allocated to later in the process if the claim fits the criteria. Depending on how you make a claim in E&W (CCMCC, MCOL or online civil money claims pilot), it could take 4 months+ before the claim is allocated. At any time before allocation, the defendant can use the full menu of CPR to apply for your claim to be struck out costing you £2k+ in solicitors fees.
  6. The compliance phone interview is purely to get inconsistent information out of benefit recipients. DWP CFCD are also conscious that average mortality rates dictate the timescale for recovering over payments. Sorry its not nice but its a fact. It may be better for anyone in similar situation to ask DWP for a pension credit application form an re-apply with honest answers (or print this off https://www.nidirect.gov.uk/publications/pension-credit-application-form )as DWP will probably refuse to provide you with one. Send it to your local DWP pension office. That way, DWP will then have
  7. You advised someone to engage in fraudulent activity in order to deceive the DWP.We do not do this kind of thing on this forum. If you want to give this kind of advice then you will have to find somewhere else to do it. Thank you
  8. I put in a county court claim against a company that owed me money for quite some time. In their defence submission, they said they would return the money. The company says it will apply for an order to have the claim stopped without my agreement. How can I stop or object to this? What about my court fees and statutory interest at 8% which I've not got back so am out of pocket?
  9. Could anybody help by suggesting what reasons a bank as defendant could apply for Strike out and or summary judgement for a court claim issued by a depositor as follows. Claimant opens a fixed term savings account online and deposits by debit card. The bank adds interest and after the term ends, the claimant writes a letter of instruction as the T&Cs require asking for the money back by cheque as the bank can pay by cheque, FPS etc. This is refused, claiming fraud, signatures does not match (bond was opened online so didn't get a signature at the time) etc. What excuses do
  10. Quick settlement might be because of no police criminal prosecution, bolstering the civil claim. As well as the fact you need expensive reports by 'experts' in order to prove a claim, chipping away at the final figure. The outcome of any future court case is in the ambulance chasing solicitors hands. Having rejected offer, the solicitor will throw his toys out of the pram and screw up the case, resulting in the judge dismissing the claim and somehow landing the aggrieved party with costs even though it was CFA. Tell the solicitor your won't accept less than an out of court s
  11. To give you the experience you need, the £25 fee is automatically added during the latter steps of the claim form process online with MCOL. Just put in £5 as your claims (plus interest if you are claiming but that will be negligible). There is no such thing as a small claims court - its only becomes a small claim once the claim is allocated to track and it could be well over a month from submitting your claim to that happening. To echo other posters, watch what you are doing because England and Wales CPR give district judges (and nosey & spiteful court staff) a lot of power so
  12. Under CPR 3.3, I think you’ve got good reason for the case to be rewound to the beginning because of improper service. Experience usually shows when you want to get the court to do something, they require £255 with a N244 application. I've heard on radio programmes and possibly TV where people have turned up to hearing centres had the admin people put the file in front of a judge. After waiting around for half an hour, an order has been printed out. My experience with court staff, this could only be done with charm, manipulation, waterworks and feigning utter inco
  13. Exactly my point. Litigants in person are partially unaware, especially using MCOL. The period between instigating a claim and allocation after submission of the directions questionnaire, you're not on the small claims track and are subject to costs. See CPR 24 and CPR 3A, para 5.1 stating practice direction 23A. How it normally works against them who know the system is a LIP will issue a N1 claim to the defendant. Amalgamated incorporated acknowledge service and says they will defend. They issue a short defence and make application for strike out and/or summary judg
  14. Are you saying should you settle? You could send a without prejudice email/letter suggesting a settlement figure. FYI, I'd make sure the claim is allocated to small claims track before the defendant also submits an application for strike out and or summary judgement, hitting you with £thousands in costs. Since they are a corporation, its probable that they will have won against many people in your circumstances before. From your 147 case experience, you should know that 'ambush them in court' means confronting their agent, a confused newly qualified junior barrister who got the ca
  15. Just to chip in, if you were using ADR, the 2015 Alternative dispute resolution for consumers act allows you escalate to Ombudsman online so I don't know how they would manage the ID process online. The FOS have a tendency to do this ID process with consumers they don't like every time you interact with them.
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