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Goldlady

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Goldlady last won the day on December 22 2008

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About Goldlady

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  1. Hi, Me_too I have exactly the same scenario as you - a storecard application which was signed in 1988 which First Credit supplied in January this year. Since then I have had about two letters a week, but I haven't replied. Like you I was making token payments until a couple of years ago. I can't find any recent cases either, but will keep you in the loop about their next move.
  2. Hi, thanks for the reply. I didn't make clear what my problem is. I am not concerned about the insurers accusing us of withholding information, I am more concerned about the fact that someone has been able to make a claim on my partner's policy without his knowledge and whether the insurers should have notified us that this claim had been made and given us an opportunity to fight it. What I now want is for them to remove this ridiculous claim from our records as it was fraudulent and made without our knowledge and I believe that the insurance company have not followed the correct procedure. My view is that if they decided to pay out £7.5k on a fraudulent claim that is their problem and should not be ours! Thanks
  3. Hi, over two years ago I had an extremely MINOR scrape in the back lane doing approx 5mph, the sort that most reasonable people would disregard. I had four people in my car and no-one even felt my car scrape the other party's bumper. However he made a song and dance and started harassing my to put it through the insurance because his wife wanted a courtesy car. I told him not to be so stupid - his car wasn't worth more than £50 - however the harassment got worse, I was plagued with phone calls from people wanting me to authorise a courtesy car and people banging on the door, so I took advice and rang my partner's insurance company, stating that I did not want to claim but I was sick of the hassle. They told me they would speak to him. I heard nothing more until two weeks ago we received a snotty letter from our insurers saying we had failed to disclose a claim. I rang them to discover that they had paid out £7500 for whiplash injuries etc etc. We didn't received any notification at all that this claim had been made and I need to know how I can sort this situation out. There is no way on this earth he suffered a whiplash injury but the insurers say if they have a doctor's note to that effect they have to pay out.
  4. Finally we will have our day in court..... Watch this space and wish us luck.
  5. Hi, we have received the standard letter saying that the charges cannot be assessed for fairness under the UTCCRs giving us until the 9th of March to respond before our file is closed. We have not issued a court claim but do have past correspondence with LLoyds in which they state that the charges represent a "fair charge for a banking service that is valued by our customers" and in another letter they state "Like any business, we do have to make a charge for some of our extra services. When customers don't have enough in their accounts to cover a payment, this always means extra work - and it has to happen very quickly. We have to agree to make the payment by setting up or increasing an overdraft, or tell customers we can't agree it. We feel it's fair to charge for this service...... These are not default charges because you haven't broken your agreement. These are our prices for the service we provide in these situations." So they have more or less said that the charges represent the cost of the admin involved and I shall be writing back to say we don't want them to close the file thanks! Any thoughts before I do respond?
  6. Think you have done all you can - just the very best of luck - and do let us know. Fingers, toes and everything crossed for you. In my case they just didn't show up - hopefully it will be the same for you.
  7. After I stopped answering the phone to MBNA because they were so nasty they then rang my neighbours and asked them to put me on the phone...... My OH gave them such a blasting they didn't try again but I would be willing to give a statement if it would help.
  8. I have just had another look through the thread. I am still not sure if the application form is an acceptable agreement - it is partially illegible but I suspect it contains all the prescribed terms. When do you have to get the defence in by? And if there is a chance of them getting a judgment, how much are they claiming?
  9. Do we have an application form/agreement here ddd? With ours it was debatable whether it was compliant or not but I have thrown everything I can think of at them. They seem to be very good at waiting in the wings until you think the dust has settled.
  10. Hi, no I don' t think you are jumping the gun with the draft order. I did that with one of mine and was amazed when the court did send it to the claimants. But then if they won't supply you with any information how the heck are you supposed to defend it? Looks fine to me - go for it.
  11. Hi, well you have confirmed my thoughts on it, which then makes me wonder why on earth they have served the SD? I can see that if a third party had served a SD and there was a case ongoing with someone else that may not help, but if the proceedings are between the two parties then surely no judge would allow the BR to proceed. Thanks
  12. I think the court went for judgment without any input from Coward Hohens due to a mix up. Anyway it is set aside now and ten page defence going in tomorrow.
  13. Just watch out cos the sneaky bergers got a judgment against my OH when we had heard nothing for over a year. Is now set aside and we are back in action again - defence due in tomorrow.
  14. Hi, need some urgent help with a matter I am involved with. Friend of mine is involved in very complex case and the other side are trying to bankrupt him. We have been told that if they succeed with the BR (which obviously we are fighting - set aside of SD already drafted) he cannot continue with the court proceedings. He stands to gain a large amount of damages, far in excess of the amount they are trying to BR him for, and it seems that is why they are trying this. We have been told by someone that if he does go BR the trustee will not allow him to continue with the case. He is a litigant in person and therefore is not incurring costs, apart from the other side's of course:). Does anyone have any knowledge of such things? Thanks Goldlady
  15. Well, didn't think I would be posting on this thread again, but last month Coward Hohens managed to get a default judgment against the OH on this one. Last we had heard from the court was in March 08 when we had again said we were still waiting for information and asked the court to issue an unless order. As we heard nothing more we assumed they had crawled back under their stone. Seems as if the court had somehow issued the judgment without any action on CH's behalf as we managed to get the CCJ set aside - application went in next day after judgment received. Judge said in order that nothing had been received from claimants before the judgment was issued. The cheeky b*stds even sent a pretend bailiff round and OH took great delight in telling her we had put in a set aside application. She had never heard of anyone doing that?????? So we are now back to the stage of submitting a defence which is due by tomorrow. The judge at the set aside hearing told us to go for everything we could think of - so of course we have! Will let you know how we get on.
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