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CrispDust

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Everything posted by CrispDust

  1. If you have paid all your creditors in full and owe nothing to anyone, then of course you can keep and charges refunded to you. Why should a bank keep any of it? Did you pay 100% of what you owed to creditors? Did creditors include some you are reclaimg funds from?
  2. Lba sent 8th Jan. NO REPLY to Prelim. Slack or just ignorant? Parachute account opened with NatWest. Strangely Barclays declined. N1 going in next week by the looks of it.
  3. when were your unlawful charges incurred?
  4. If you contact court can you let them know that quite few claimants have not received notification of the 7th Feb hearing and perhaps they should contact everybody currently on the list again to confirm. I haven't received notification about my Barclays' claim, just the Ikano one, which was settled before I got the letter.
  5. PS Make a complaint even if you see no direct or personal benefit. If a pattern emerges at the OJC they will have to take action. A pattern will only emerge when complaints are made. Can I suggest you name said judge here as a public service? I don't think you have written anything libellous, just what was said and recorded.
  6. I think you have overiding support of the "great unwashed" (in the eyes of the judge) here, so keep at it. After you get your money back I would make the strongest possible complaint to the court system about the judge. It really is not for him to "pass judgement" on your personal affairs or give his inconsidered opinion. He is there to consider the law. As they say ignorance is no defence!
  7. haydn. Cheers, you're a star. Very comprehensive. Well thats another 6 hours of time spent and costs added on to bill for CMC! Congrats on NatWest.
  8. stansfield, we are in with the big boys here. The legal system does not normally use Mercantile for litigants in person, especially those without legal training, so they are not geared up to help you PROactively, like the Small Claims court. They expect you to know it all from the start. However I am sure they will be helpfully REactive, if you ask them for information or assistance.
  9. *bump* Haydn how is it going with the rest of your claim? Can I ask you what you included in your pre CMC submissions?
  10. Can a mod help us out or point us in the right direction here?
  11. OK J.barton that PDF document you posted up for CMC has me a tad anxious. Are there any peeps out there that have compiled all this stuff and put it into plain english? i'm sure we'd all be very grateful. Its the middle sections especialyy Disclosure that are double speak. Any templates or copies of previous submissions available?
  12. Did you claim contractual interest?
  13. You can add one more to the settled list. My claim against IKANO was settled last month. Suppose I should let the court know.... Going to do my CMC/court bundle at end of the month. No point in doing it any sooner since could be a waste of time. Have tax return to do before then anyway
  14. Is it possible to go to Small Claims under s.10 of DPA if you believe that a CRA is displaying incorrect data about you? It specifically concerns my past IVA. This was satisfied IN FULL, all creditors paid in Jan 2005. Despite providing evidence from the DTI that the IVA is satisfied, Equifax refuse to show it as satisfied, only with a hidden "Notice of Correction" The IVA record should be wiped from my file in total in November of this year, but that's not the point. Can I issue a claim for breach of Data Protection Act?
  15. Check the wording of ANY communication, letters leaflets etc regarding the valuation fee. If that looks clear then take em to small claims. i'm sure it will be covered in Sale of Goods/Services etc. You have paid for something in good faith and they have not provided a satisfactory "product" or service.
  16. My claim already includes £80 costs. Since it was a business account I thought it was justified as I took my "professional time" to do all the work and graft.
  17. Suspect that you may be pushing the envelope a tad there, espcially with that rate of interest. Other problem is the size of the calim rules out Small Claims. At an interest rate of 10%, the claim falls well within the SMC limit but still provides a substantial amount of additional refund.
  18. Tillers congrats Zoot - toot toot and woot woot. Who's the daddy ! (sorry mummy)
  19. Paul, write to the supervisor or adminstrator of your bankuptcy, they should have all the information you need, account numbers companies etc. Did you not keep any details at all?
  20. It is usually the defendent (as a large mutinational) which is responsible for organising a telephone conference call. Daft question but have you contacted the Court for information and advice?
  21. Stansfield where are you? Did you put your claim in on MCOL? Any case that has been either entered directly at Leeds County Court or was transferred from MCOL to Leeds has now been transferred to Mercantile Court at Leeds. The erly claims 9ncluding mine) were redirected to a higher court in London for directions but then sent back to Leeds and transferred to Mercantile. There are plenty of threads about this in this section but it would appear to be an attempt by the Judiciary to clear the court system of these claims and the log jam caused by stubborness and intransigence of the banks to pay up. In the Mercantile ( a higher court), there is a possibilty that a case may actually end up going thru Court, in which case a precedent would be set for the lower ie County Courts which would make the Court's work alot easier for susbsequent cases. Unfortunately its a double edged sword for the courts as none of the banks are taking it that far, they settle just before the CMC, but for us it means they can drag out the process a little longer.
  22. paul I would keep pressing the court as to why the transfer was made. You have every right to object to the transfer. In fact this should have been stated in your notice from the court about the transfer.
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