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Everything posted by elsinore

  1. Spam email received this morning: Dear, My names are Aisha Ghadafi. The daughter of Colonel Ghadafi the Libyan leader as a Libyan mediator and military official, former UN Goodwill Ambassador, philanthropist, humanitarian. I want you to take charge of some deposit fund. Reply for more details. It didn't take long, did it?
  2. Signed and link in signature. Els
  3. Civil Procedure in the Sheriff Court Amendment At any debate one or other party may appear and move the court to discharge the debate and to continue the case for amendment. In order to avoid being found liable for the expenses of preparation for any debate it is more sensible if the party who has resolved to amend does so well in advance of the debate, by enrolling a written motion seeking leave to amend. Amendment is regulated by OCR 18. Typically a party will enrol a motion seeking: (a) discharge of a diet of debate; (b) permission for their minute of amendment to be received; © a period of time for the opponent to answer; (d) a period of time for the parties to adjust their pleadings in the light of the minute and answers (e) a Rule 18 hearing at which the court will in the usual course of things allow the record to be opened up and amended in terms of the minute and answers and deal with further procedure as well as expenses of the amendment procedure.
  4. Glasgow Sheriff Court Friday 12 August 2011 Rule 18 Roll Sheriff Unallocated Jennifer Sharp v Bank of Scotland Dailly & Co – MRD A1924/10 Dundas & Wilson Els
  5. Hi SM, When you receive the order from the Court, post the wording of it on here. It should indicate how the judge is handling the case and what, if anything, you need to do. Els
  6. Hi Kate, in your first post you stated EBERLON, whereas later you stated ERBELON. There is plenty of info for ERBELON available and they seem to be a well established, responsible company. http://www.companycheck.co.uk/company/01546724 Els
  7. I'm sure that's right. I know nothing about PPI but there are plenty on here who do. When you have the details, it might be an idea to have this thread moved to the PPI section for some sound advice. Els
  8. Hi citybloke, I suppose it all depends on who was named as the insured party on the PPI policy. It could be the Company, but it could also be either the Company and you as joint insured, or just you personally. So long as your name is on the policy, I don't see why you should not claim (assuming you have grounds, of course, e.g. mis-selling). Do you have any documention which would establish the position? Els
  9. Here's the link oscar:wink: http://www.dwp.gov.uk/consultations/2011/wca-call-for-evidence.shtml Els
  10. Ah yes, post 762 (and it was only yesterday!). Well, a letter to Mr Hart, pointing out his oversight by referring to CPR 38 and his obligation to send you a copy, might do the trick. If he fails to do so, you would have to resort to a court order compelling him to send it. You would have to pay a fee (unless you can claim exemption) which could be added to your costs claim. Els
  11. Quite right Brig. CPR Part 38.3 applies as follows: (1) To discontinue a claim or part of a claim, a claimant must – (a) file a notice of discontinuance; and (b) serve a copy of it on every other party to the proceedings. (2) The claimant must state in the notice of discontinuance which he files that he has served notice of discontinuance on every other party to the proceedings. So Hart should already have sent a copy of his notice to ads. However, as it seems he does not understand court protocol, it probably didn’t occur to him to tell ads (or he was too embarrassed to admit it). A notice of discontinuance can take the form of a letter. Perhaps ads might like to ask the court if they have such a letter and oblige him by forwarding a copy, as Hart has failed to do so. Els
  12. From BAYV website: "We pride ourselves on providing a premium level of service and always have our customers' best interests at the forefront of everything we do. Buy As You View aims to help both customers and employees to achieve their dreams and aspirations through strong relationships based on loyalty and trust. We are constantly working hard to be number 1 in our sector; leading the way in service, quality and value" Really? Els
  13. Hi Dan, Reclaiming charges on a business account is very difficult and thought by many to be impossible. There is no longer an obvious cause of action. There are no template letters. This situation was brought about by a judgment in the OFT v Abbey case which, although concentrating on personal accounts, declared that bank charges were not penalties. However, that doesn’t mean that one should not try. I did, and the bank settled before court. Because I was a sole trader, I claimed on my own behalf. In your case it would be your company making the claim, not you personally, which somehow, I think, makes it more difficult. You would need to look at the way the bank 'managed' the account, find inconsistent and contradictory behaviour, leading to unfairness; the way in which the actions of the bank impacted on the performance of the company and, ultimately, your financial wellbeing. You may think you were unfairly treated but you have to try to prove it in court. It seems from what you say that there is no overdraft facility in place. Is this because you don't want/need one, or because the bank won't grant a facility? Els
  14. It would be interesting to know how Lastlaugh got on with his attempt. He's still around (logged on 9th May), so perhaps a PM could persuade him to respond. I think the approach outlined above is worth exploring further. It worked for me, although I was a sole trader. Els
  15. Hi Night Owl, The link in your post doesn't work for me http://www.consumeractiongroup.co.uk/forum/showthread.php?309404-Lloyds-battle-number-2&p=3450656#post3450656 HTH Els
  16. So, how have they threatened you? They would first have to take you to court, win the case and then, if you did not pay, send bailiffs to seize goods. As far as I am aware they cannot seize 'tools of the trade'. All that is a long way off, so don't worry about it. Is it possible for you to raise the £900 to clear the arrears by 28th June? That would give you some breathing space and take the pressure off. Could friends and family chip in, can you find some from credit cards, perhaps stop paying for non-essentials for a few weeks, that sort of thing? Even get agreement from your colleagues to work for half pay for a short time (that presumes that they are aware of the situation). Even better would be to pay off the loan altogether. I know I'm perhaps making it sound easy and I know it's not but you need to get out of the bank's grip if possible. As you are self-employed, you can operate using a personal account (especially as all your transactions seem to be in cash) preferably with another bank. Els
  17. Hi neeny. That reads as if the bank have secured the loan on the business equipment, is that so? Els
  18. When the bank refuses to pay a cheque or DD, because there are not enough funds in the account, it charges you an Unpaid Item Fee. When the bank pays a cheque or DD which takes the account balance into an overdraft situation (or above an agreed overdraft limit) it charges you a Paid Item Fee. In other words, whatever happens, you lose! Presumably, the account is in the name of the limited company, which is now dissolved. As long as you have not signed a personal guarantee, the bank cannot call on you to pay any debt on that account, as they are just another creditor of the limited company. By the same token, the limited company cannot claim back the charges because it no longer viable, and you have no right to those charges as an individual. If the company was formally wound up, the bank should have been advised as a creditor. If not, I think you should inform them and they will probably close the account and write off any debit balance. Els:-)
  19. Hi plp, I do hope you're on the mend. The reference number at the top left of the letter needs erasing. I'll ask a site team member to either validate the link or post the actual document. When you are feeling up to it, pehaps you could answer the other questions in my previous post. Els
  20. Assuming you have been able to satisfy them concerning the names and the account number, the point they make about personal information is correct. They are not obliged to give you any information that refers only to the limited companies. Such information should normally have been kept by your companies anyway and hopefully will be available when the records are returned to you by the liquidator. It will be interesting to see if copies of the personal guarantees are sent with the SAR. They should be. Els
  21. What did you mean, ZENTRIX? Ibsys is right, don't tell 'em anything. Els
  22. Hi SW, My apologies, it wasn't a typo, I just misread your post (memo to self - take more care!). I see why you were confused now. The N245 is only appropriate if an order has already been made. Perhaps the court gave you the forms as an either/or option. Anyway, I'm sure you'll be OK. Courts are forgiving of LIPs. Els
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