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  1. This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. Right, letter written and posted. Will keep you updated on anything else I receive from the court
  3. Sorry yes, in torrem was just a typo on my part because I was rushing. Alleycat, thanks for that info. I'm drafting my letter right now and will hand it in tomorrow. I will keep you posted on what the outcome is. Many thanks.
  4. More gumf I imagine. I really don't know what more to say. HELP!
  5. Will I ever get there? I've just opened a letter from the court asking for me to explain WHY the charges are unlawful, which I thought I did in my original letter. The letter says "The claimant still needs to say the legal basis he claims the charges were unlawful". I called them and explained that the charges were not an accurate estimate of what it costs them, that they are added in torrem, etc. but they're not accepting it. Anybody else been asked this? Advice on what to send back would be helpful.
  6. To cut an 8 month, extremely long story short, I was flogged a mobile phone contract with 3 mobile via a cold-call from an agent called Communications Direct. It was a ‘too-good-to-be-true’ offer that I should have seen coming, but upon opening the box, was a pack of lies. I complained and was told to return the phone via a courier (would have cost me a shed load and was very skint at the time due to new baby in the house!) so sought help from Trading Standards. They told me I was not liable for return costs and wrote to CD on my behalf, explaining this and that I was covered un the Distance Selling Regulations. They kept very quiet and did nothing. Anyway, the phone never got returned and Three sent out the debt collectors as I didn’t pay any bills. I’ve kept in good contact with three and the debt collectors but neither of them listened. It then went to a solicitor. I explained the legal side to them and it’s all gone very quiet. Not heard anything for about 4 weeks. Right, one of my credit cards has reached the end of its 0% intro offer to its time to switch. Had a right shock when I got refused a credit card (1st time ever) so rang to see why. They said it was due to my credit score and when I looked on Equifax, I’ve got a massive red mark “3 missed payments” and what looks like a defaulted account – Yep, all to do with Three. What I want to know is how I can get this mark removed. It’s costing me money every month in interest on my credit card that I cannot switch due to this mark. Any help would be appreciated. Many thanks
  7. Alleycat, thanks for the link to this thread. I'm going to use this letter also and send it 1st class recorded tomorrow. I'll keep you posted.
  8. So how come I've got a letter this morning saying that my case is being stayed pending the outcome of the Elliot case? Do I just write back to the court saying that this case has already been settled?
  9. Right, we have more info. I have a letter from Sheffield County Court stating upon reading both allocation questionnaires, the District Judge Directs that:- The court proposes to stay these proceedings pending the outcome of Elliot -v- TSB. Any representations to be made by 1st August 2006. The court awaits your response. Now, does this mean that I can still ask for my case to be heard individually? Do I have to say whay I think my case differs? I presume this Elliot case is the one that's being spoke about on other threads (which I've only briefly looked at so far). Next steps advice appreciated.
  10. OOoo it's all gone quiet. How can I find out what's happening?
  11. To cut an extremely long story short, I was sold a Three mobile phone via a cold call from an agency who promised me this cannot be beaten deal which I accepted. Upon opening the box and reading the T&C's I found it to be a load of rubbish. I told them to collect the phone (as advised by Trading Standards) which they refused to do and so when I didn't pay any bills it went to a debt collector, then to their solicitor. Their solicitor has not replied to my letter detailing all of this for about a month now. I just checked my credit score and I have now got a 3 months missed payment mark which i want removing. How do I go about this? Do I have to take Three to court?
  12. Right, it's going. Thanks for the advice peeps. Donation will be made on completion.
  13. Right, I'm ready to send a copy of the spreadsheet together with my note, which is detailed below. Is this ok to send? Do I need to say "with the judge's permission"? Help appreciated. I dispute that I have filed a “summary” of my claim and also that I failed to list the particulars of the claim. I refer to the letter sent to me on the 27 March 2006 by David Chapman (Customer Relations Manager) stating that the defendant actually does know the exact dates, amounts and reasons for the charges, as they have actually admitted to them and offered me a part refund on the same communication. I therefore claim that point 1 of this statement is untrue. If this is to become an issue then I will readily show this offer to the court (with the judge’s permission) as I consider that in these circumstances it would not be correct for the defendant to rely on any without prejudice action. The defendant calls for me provide strict proof of each charge which is enclosed with this document. I compiled this information in conjunction with another communication from the defendant in which they provided me with the past 6 years worth of my bank statements. I therefore call that point 2 of their defence is untrue as it was the defendant who sent me the evidence I needed to collate my claim against them, therefore they readily had access to this information and are merely delaying my claim. With regards to Barclays’ statement on liquidated damages, the sum specified for the breach of the contract is not a genuine pre-estimate of the loss that they will incur but is excessive and is inserted in torrem. Therefore the defendant has imposed a penalty on my account for each breach rather than an accurate approximation for the bank to send an automated, computer generated letter, generally without any human intervention.
  14. UPDATE- After waiting 10 days for Sheffield Crown Court to get Barclays to resend their COMPLETED defence, I called them to find out what was happening. I spoke to a lady there who check my file and discovered that the person dealing with my case has not sent off the request to Barclays. Hmm. Probably forgotten. However, good news. She contacted Barclays and they faxed it straight through. Should have a copy of it by Thursday.
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