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About davefirewalker

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  1. No Ive been going through one of my many (sort of depressions)....I cant sleep very well, dont get to bed before 2-3 am and up early. I sometimes dont go near my computer for many weeks....(not an entirely bad idea) Anyways...thanks for the support rgds Dave
  2. Got a court date a few weeks back....sometime in june about 23rd I think.. barclays contacted me and offered an extra £20 + ..............to which I waited a while and then refused, I re-filed all docs with the court, and guess what...??? Barclays have folded........They emailed me and wrote offering to pay what I asked for....I refused unless they added the extra £75 for the "lost" hearing as extra costs. I also made sure that they would not come back at me for any of their costs if I discontinued........(you never know) they accepted Just waiting for the money to appear
  3. Unfortunately.....I didnt agree to there being a "test case".....I couldnt have afforded the counsel, I probably would have to defend myself and that wouldnt have been fair on those that were to follow, I'm not the best speaker, I can digest what has been said or written and formulate an answer...but to do it on the fly.....maybe not........so someone else will have to fight that battle.....I have my hands full at the moment keeping my family fed and a roof over us......dont get me wrong ...I am not (yet) at the gates of poverty, but not far short... rgds dave
  4. Hi patrick..... had to have a little giggle about this case though........I didnt know who to take to court Barclaycard....(ex Morgan Stanley / Goldfish ) or HFO.....So I tried my hand with barclays first, this at least tells me that there is something fishy about the assignment....ie it must only be an equitable assignment.....or barclays havent done their homework properly and they have paid me when they didnt have to rgdss Dave
  5. Not too upset..(although it has thrown my party plans into chaos).....its only a single battle.....the war WILL be won Dave
  6. Just got back from court.................... It was like a full blown hearing, they sent a Barrister.....just as well I took my stuff, he may have dismissed me there and then. The DJ was a somewhat stern looking guy who mumbled a lot, but he turned out ok in that he did help me along a little.......so much so, that until the last bit of summing up I thought I had it nailed.... Application to strike out defence refused Application to strike out order re: 6 year limitation period refused will get a date in directions, case in about 8 weeks, skeletons to be filed along with bu
  7. In court tomorrow......... I'm taking everything......(just in case)....got a feeling the judge might not let it go any further and pass a summary judgment ....or the solicitor might just call it a day when he/she sees my bundle..........I hope fingers crossed Dave
  8. look here...they tried the same trick...apparently they do this all the time... Shakespeare62 - v - a NastyBank - The Consumer Forums Dave
  9. I'll tell you in five or six years if you have had no further contact Dave
  10. yes I managed to get it refunded.....there is no tick box for the ppi (payment break plan) and they said I agreed to it on the phone.......they had no recording of the conversation......I didnt expect them to have one either, because i never agreed to it. was yours originally with Providian? Dave
  11. Hi guys..... Just been getting a LOT of flac from equidebt just recently over an MBNA loan.....the flac doesnt bother me and I can handle it (for the moment) BUT.... I thought I'll get the agreement out and have another look at it..... half way through doing that I had my tea and then sort of lost where I was up to (age)............... and then came and had a look on here. Amongst other things that may be wrong with my agreement it has just struck me that this last agreement paid off the previous one and only about £5k was put into my bank account....(this loan was for abou
  12. Hi guys.... with regard to the BC Charges and my objection to a portion of the claim being struck out because its over 6 years, the judge has asked for a hearing on 16 March (30 minutes).....Cant wait !!! Its not for a great deal of money, but its the principle and it will give me some more experience of a courtroom.....(this time as claimant ) rgds Dave
  13. Ok....sorry its been a while....got really tied up in work....didnt have time to think You have to make a decision....!!! on the face of it, the APPLICATION form you filled in DOESNT have the prescribed terms, although it makes reference to terms elsewhere. It doesnt make reference to terms overleaf......so the terms were certainly not "within the four corners" of the agreement. Also on the second page of what you posted they make reference to not being able to determine your repayment schedule etc....this sounds like they DONT have the original terms Dont get misled by the
  14. According to durkin v dsg (as above) and khoprhar v somebody, loss doesnt have to be proved. the potential damage caused by misreporting can be considerable. rgds dave
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