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About kriso

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  1. Thanks for the info. It was a bit of a strange case because DG didn't respond within the usual deadline it actually went to court and I ended up in front of a CC judge with a DG solicitor. The judge immediately granted the stay however
  2. My bank charges case was stayed thanks to the supreme court judgment a couple of years ago. I now have a letter from DG asking me to discontinue my claim or otherwise be liable for costs. I assume there is no chance of me getting my charges back now since the judgment, so is it recommended that I apply for a notice of discontinuance? Am I liable for their costs? Thanks
  3. Yea it was worth the experience I suppose There were a whole load of other 'Smith Vs Lloyds' etc. cases listed up on the wall so I suspect Tuesday must be their 'bank charges day'. The lawyer was just how I imagined and just like on TV - she hardly took a breath as she spouted out all the test case info. The judge did say to her at the end - 'You do have to be careful as this could end up costing you quite a bit couldn't it?'. She didn't have anything to say to that Anyway I've now switched my bank account and will await the test case outcome. Thanks so much for the help and support
  4. Well the hearing was a waste of time really and lasted all of 4 minutes. HSBC lawyer was going on about the OFT case etc. right from the start and the judge said 'case stayed' before I could even speak. I don't understand why I had to lose over £100 in lost earnings and travel costs when the judge could have just stayed the case without a hearing! I hope the HSBC/DG lawyer can sleep at night knowing they've just made a customer even poorer...still, hopefully it cost them some legal charges too.
  5. Thanks both, I'll take a look at that other thread. Off to print loads of stuff out for the case tomorrow now.
  6. OK I suppose it will just be about the set aside then. I'm just a little frustrated at having to go through the hassle and cost of getting to the court if it's just going to be set aside and stayed anyway. The way I see it - even if the test case is on-going and cases are being stayed, the bank should have submitted a defence within the allowed time period. Because they didn't, it should mean a judgement by default (which the judge already granted once). It's really the bank's word against the court's so I would hope that unless the court is incorrect and they did receive a defence..or the bank can somehow prove that they did submit it), the judgement should still stand. I need to convince the judge of this I suppose
  7. Hi Caro...I'm not sure because there isn't much detail on the Notice of Hearing. It says things like 'When you should attend' and then it's blank, as if they haven't filled part of the notice in or something. DG say on the application that they want the judgement set aside and the case stayed and they ticked the 'Without a Hearing' box, but the judge obviously wants a hearing. So doesn't it seem a complete waste of time having the hearing, and even me having to attend if the judge is just going to stay the case anyway? That's why I think I should be entitled to costs, because will be annoying to have to take the day off and get to court for him to just go back on the judgement he has already given :\
  8. Has anyone else gone to a hearing with DG solicitors? I have a hearing this week since I claimed a judgement against HSBC which the court approved, but which DG Solicitors want set aside and the case stayed. I'm a little un-prepared and only got 7 days notice that the hearing was happening. I was just wondering if it's likely that they will turn up, since it's only a few hundred pounds that they owe me? I am having to not go into work and travel to the court so can I claim these loss of earnings and travel costs aswell? If so, do I just ask the judge at the hearing? How has anyone else got on at court with DG? Would love to hear your thoughts as I'm pretty worried about this Thanks.
  9. I phoned the court and they weren't very helpful. The lady said I need to contact the bank's solicitors and ask for an adjournment. I'm not sure they will comply and don't really fancy talking to a big legal firm. If I do go to court, can I request costs for having to miss work? Also the court notice doesn't mention anything about paperwork.....everything I have read mentions having to submit documents no later than 7 or 14 days before the hearing. But I have only been given 7 days notice so I'm really not sure what I need...will try phoning court again on Monday and see if I speak to someone a little more helpful! I don't even have any smart clothes to go to court in so am going to get in more debt buying some on my credit card! SO annoyed with HSBC now. Sorry for rant, just really worried about this :\
  10. Thanks, I'll have to see what they can do. I can't get the day off work at such short notice It would be typical if HSBC get off over this after already having a Judgement against them!
  11. I finally heard back from the court today - they have sent me a Notice of Hearing and I'm a little confused... Although the bank has already defaulted against HSBC, the bank sent a N244 'Application notice' to the court about 6 weeks ago (ticking the 'Without a hearing' box) to argue that they did indeed post a defence although the court say they didn't receive one. So I'm not sure if this hearing relates to my case or the N244. They've also only given me a week's notice and I'm not sure I can even get the time off work. Are the bank likely to turn up? And if they don't (or I don't), do I win by default (again!)? I can't find anyone who this has happened to before so any advice appreciated! Thanks
  12. Cheers Pete...apparently the bank wrote to the court but the judge told them to fill in the proper paperwork That was about a month ago and I didn't hear anything so have written to the bank, telling them I will be enfocing judgement as they still haven't paid up...but no reply for 2 weeks. Haven't heard anything from the court either. Looks like the next step is to fill in the court form to enforce judgement.
  13. kriso

    kriso vs Egg + default?

    After Egg didn't pay, I filed for Judgement which was approved by the court...and about a month later they paid most of the money into my CC account, however they missed 79p interest which was included in the judgement!
  14. I'm aware that the meter doesn't belong to the landlord, but trust me he wouldn't be happy and I would be liable for charges in getting the service reconnected again. I've been paying Scottish Power for my gas, and have told British Gas this. They have acknowledged this on the phone, but still send me threatening letters saying I need to pay them this outstanding amount.
  15. I moved into my rented property nearly a year ago at which point the gas was provided by British Gas. A couple of months later, I switched to Scottish Power via moneysupermarket.com. In the months after that, I kept receiving bills from BG, so phoned SP and asked them what was going on. They said they wold re-send the order to change supplier and that would fix it. But I kept receiving bills, so phoned BG and they said they would sort it out at their end. I still kept receiving bills, threats of disconnection, and now charges for sending me letters! I phoned BG again and explained and again they said they would sort it out and send me a bill for what I owe (for the 2 months before I switched to SP). That was a couple of weeks ago, and today I got a letter saying 'British Gas Will Be Obtaining A Warrant To Enter Your Premises' to fit a pre-payment meter of disconnect me unless I pay them (for the period I have been paying Scottish Power gfor my gas). Can anyone advise me what to do? It seems phoning them just ends up in them ignoring me and I don't want to write in case that just ends up in the bin or something anyway. What are my legal rights? Can they really fit a meter or disconnect me? If they do this, my landlord won't be very hapy. Any advice is appreciated, thanks!
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