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mattpj

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Everything posted by mattpj

  1. deller top post again. Thanks for putting me at ease
  2. Ok got my head around all the section of the questionaire. But need help with section G will this do from another thread? The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously. - The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's. - In the event that the Defendant's charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982. As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour. Thanks alot guys!
  3. Spoke to the court directly they are saying it is essential to fill in the allocation questionaire and that I would have to pay 100 quid god i am so fricking lost its untrue
  4. Hi guys Received a new letter from cobbetts with Natwest's Allocation questionaire. In the Other information it says this statement :- Case managment directions cannot be proposed until the Claimant serves a Reply to the Request for Further Information which was due on 28 February 2007. In light of this, the Defendant may amend its Defence or apply to strike it out. What do I need to do next ladies and gentlemen? I am very concerned, I do have proof of postage for the reply to the CPR 13. Also, I received an offer that I declined from the bank directly for 2110 total claim 2560 atm. Any advice and suggestions.. I hope this is just usual delaying tactics
  5. Its well documented on other internet forums that NCO do not follow up any attempts to recover debt they hope to scare you into paying with credit/debit card. This also happened to me, i had a chargeback of 150 quid and i haven't paid it and told them so over the phone. So my advice is to tell them to stick it.. and tell them the name on the note saying an agent is calling is ALWAYS THE SAME NAME FOR EVERY PERSON. i.e. Mr Parsons Saturday at 8pm Do not worry this company have no bearing over you legally. You will do just as well to ignore them than sending letters. I have done the same after ringing them once and saying that Mr. X can't be in 100 places at the same time. I for one hate Paypal for charging back immediately without getting my side of the story. For paying for games or cds i am sure its fine. I had used it for 4 years previous and i would never use out of choice again
  6. This is the hardest part for me, 7 negatives in the past 12... feedback score 1380. Not what you would expect hey.
  7. I sent it off on friday, now what happens?
  8. Yes this problem has already been reported to ebay sorry to be vague. He replied to their Dispute Console and since then its gone on to the next stage of their compensation of a measly 105 pounds. I am not accepting it if it jeopardises future dealing with small claim procedure
  9. Thanks for the reply, this is exactly what i was planning to do, and the biggest part i would need help is wording my claim. Would it be bad if i gave 7 days before sendind the money claim. I know a situation where my friend was involved and he sent a letter gave 7 days and then a money claim and got his money back. I would like some advice on this too please
  10. Hey all I got a problem here with an item I got off ebay, it wasn't an auction but buy it now by a private individual. To summise some of the details, it was for a guitar that i payed 480 pound for and it was described in the details as "very good used condition" It had a small photograph detailing the guitar but no damage was prominent It was the spec i wanted so I decided to pay for it by cheque. I then received my guitar over a week later... and it looks like its been through a hedge backwards. Its gouges in the front of the body on 4 seperate parts and a repaired neck break, its in generally very fair condition. The neck break seriously damages the value and playability of the guitar. I just want to know where i stand, he pleads ignorance and that it must have happened in transit. It was done next day delivery and there is not a mark on the box and it was very well packed. I asked him for detailed pictures to prove it could have happened in transit "deleted them" The seller has never offered any kind of help or reassurance, and i feel totally ripped off as you can imagine. I wish to recover the money and send him the guitar back. How could go about this and what are my rights in small claims court for example? How about reclaiming the cheque
  11. I have now thanks a lot. I also got the CPR bundle and its from the newcastle upon tyne court. Do I ignore this bundle and send the letter to cobbets? Also do i need to send anything to the court? Matt
  12. ok fellas finally got a letter from cobbets about the CPR 18 request. What do i do next?
  13. and also, what rate would that be exactly for Natwest?
  14. I have sent Prelim and LBA to the bank, I have not filed the MCOL claim yet. IF so.. can i apply contractual interest? If so I would be STUPID not to
  15. *cries* Does that mean sending letters from the beginning again, shame it might cost me that much but meh, gone this far if i had known from the beginning then i would do it.
  16. its statuory 8% interest, i am not going for contractual as i explained a few posts above.
  17. hey guys sorted my MCOL but not pushed the submit button just yet. I needed to check a few things. I take i push yes for claiming interest? My claim is for 2160, the interest as worked out on 1st December is 262.59 pence. I worked the daily interest rate as 0.47 Did i get this right? Also do i give the interest figure at the 1st december or todays date Many Thanks Matt
  18. Westy, Got the spreadsheets fine, thanks a lot! After deliberating over it I am going to go straight into a claim, Time is off the essence to me and it would a lot more for me to get the money sooner than later. I really appreciate all the advice, its great that you have found the time for me.
  19. Thanks for not making me feel silly Bill-K, and i really appreciate your advice. Of course i could just start over again
  20. Hi thanks a lot for replying let me get you up to speed. I have sent my first two letters and I am now due to put in a MCOL. The schedule of charges i have sent are just for the charges only, as I understood it you could not include the interest until i get to the MCOL stage. I have been using the Vampiress spreadsheet to do this, but this was not the ones i sent in both my letters. So what can i do next? Add all the charges again to the new spreadsheet and then put thru the MCOL or do i really need to start from scratch.. I really keen to avoid that.
  21. thanks a lot guys, I really appreciate it. Is this going to mean i should not put my claim in now... and send the bank an updated schedule.
  22. mate i dont understand the overdraft interest i said it at the very beginning of the claim. If i wanted to add this I take it I would have to send it the bank delaying things.. Where do I look etc.
  23. thank you deller1, It says not to continue unless you have sent a schedule and overdraft interest.. I am not claiming overdraft interest but I will be adding statutory interest of 8% to the claim. I assume theses are two different things, and that i can pursue the claim with the 8% interest as I believed you were not allowed to include this in your schedule I am asking all these questions because I dont want to make a mistake or at least feel confident about putting the claim thru. Also would i be able to pay with a relatives card when i pay for my claim online or does it have to be in my name?
  24. ok, recieved a letter saying thanks for my letter dated 1st december, the matter will now be investigated. what the hell????? So obviously i am going to start my claim, probably online.. so I need some help to get this started, where can i look to get myself started. Thanks a lot
  25. Just till friday until I am able to do my MCOL. And i have not heard a single thing not even 1 bogoff letter or aknowledgement? Is that good or bad news?
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