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Micky the Hippo

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Posts posted by Micky the Hippo

  1. micky here after all this time trying to remeber what happened and what didn't all those years ago

     

    um, I got better fairly quickly but my neck has never got better even after physio, I rather foolishly settled the insurance claim as the wife as a new kitchen to pay for

     

    still doing excercises every day, tendons down the sides of my head always a bit sore to really painful

     

    but otherwise fighting fit from something that might easily have killed me so no real grumbles here

     

    anyhow, it seems I had an active claim against Smile all those years ago

  2. gawd

     

    the OFT stay came at most two weeks too early for my last two claims against Barclays and NatWest, court dates and everything, rather upset at the time

     

    any estimates on when new court dates would be if they do lift the stays?

     

    and is there going to be a legal argumet to master?

     

    I pesume the old roll over and pay days are over and banks will be happy to argue the toss in court now with this new ruling backing them so strongly?

  3. I wasn't good at this when I ws doing it and I'm so rusty now

     

    I think if you'd sent the N1 they couldn't have done that, someone that knows more than me will have to confirm but I suspect you;d get a fair hearing from a court if you could show that you started the process of reclaiming charges, after all they've stayed everyone else, why should they be allowed to act against people unilaterally

     

    that said there's an argument that you haven't started any legal proceedings officially so they can go after their debt as per normal

     

    but I suspect a court would be sympathetic

     

    I suspect, as ever, a well wored and honest and frank letter to them would work wonders, they're probably only after a comitment from you to pay them a small amount a month to pay back what you owe. I wouldn;t have thought this would affect your right to reclaim charges anyway

     

    My opinion only, wait for expert advice before doing anything significant, but I'd write to them explaining your situation and proposing a modest repayment schedule, even if they get arsey, it'd look good later on

     

    best of luck

    micky

  4. called an emplyee helpline, chap seemed on the ball, said if they hadn't specificallt told me that i did;t have to work then I must consider myself employed as normal until the 8th, so it's reasonable for them to ask me to train someone else in how to do something because I'm not actually redundant until the 8th and might not be even then

     

    to do otherwise might leave me open to being sacked

     

    bollocks

  5. Morning, told I was to be made redundant on Wed along with perhaps a dozen others, sat down with HR an hour later to be given the standard speil, a week's consultation and a decision then, in the mean time I coould go home which I did, four months money to be paid so fair enough so far

     

    The very nexy day the chap I work with who has been asked to work his notice asks me for help on the things he doesn;t know how to do ( a supervisor senior to him and junior to me was made redundant two months before so there's a degree of void still) I said sorry but no, this as the employer's problem and they should have thought about this before making me redunadant.

     

    Since then the MD has called me and asked to come and come in to train the ex colleague in using a specific piece of software. I said no, i considered myself redundant and anyway being asked to train someone how to do my job after sending me home was unreasonable, it got a bit nasty with a veiled threat of not paying my redundancy, lawyers and I was sent the part of my contract relating to Intellectual Property Rights (ridiculous)

     

    I've offered to go in and train if they pay me to do it

     

    Being called at 9 this morning, I've had some casual advice from people that should know and they all said tell them to get stuffed and sue if they withhold my redundancy

     

    Any ideas? My consultation letter says I'll effectively be dismissed as of the 8th August should I be made redundant etc etc

     

    I've been told that the way they sent me home after a lip service consultation meeting has destroyed the relationship of trust and confidence and I can consider myself already dismissed, I ran a version of that argument last night and was told that i most certainly was still employed and was bound to come in and work as reasonable

     

    thanks

  6. I had my Barclays a few months ago, I took a day and nearly killed myself getting my bundles ready

     

    Another day off for the court date, B's barrister turned up and got a stay, no sign of any bundle from them, judge heard me out and was very polite but it was very clear that he had no intention at all to hear the case, actually said that he didn't have time even if he wanted to, stayed

     

    I appreciate this isn't helpful overly

     

    Perhaps it's worth getting your bundle in and going for non compliance when they don't, not sure that's worked for those that have tried it though, very rusty after all the stays have put everyone's claims to sleep

  7. gee, thanks for the sympathy

     

    a letter from Co-Op saying that my cc is about to expire and they are declining to renew it, keep making the payments and stop any debits etc

     

    not fussed and happy to make the payments but is there anything I should do? insist it be converted to a loan or something

     

    although the coop card settled in full, my claim is against the coop card and Smile jointly and Smile are yet to pay anything beyond core charges so presumably the account is under dispute?

     

    perhaps?

     

    any ideas/advice?

     

     

    ooo and Smile chucked £40 of charges in last week and couldn't tell me what for, bless them, it turned out after my furious repeated complaints that they were due to the charges wrongly applied a month ago for the wrongly withdrawn overdraft

     

    they said sorry and gave the £40 back

     

    they really are getting sloppier and more scatty by the day

  8. I rang the NW branch to grizzle about some recent charges amongst other things, they said they no longer had the discretion to waive charges and I had to put my concerns into writing

     

    I had a good old moan and mention my ongoing court case, the young lady asked for my claim number and I though eh?

     

    She rang me back ten minutes later to say that she'd found the claim number and would I please ring a number which she gave me, who should I ask for I said, not sure she said

     

    Blimey I thought, and called it, with a tiny hope that they were going to make me an offer

     

    It was merely a range of recorded messsages telling me that the OFT etc etc etc

     

    :mad:

  9. B seemed on the ball at Edmonton at least and I have to admit that their stay application was persuasive to the judge at least

     

    best of luck though, I've got two lovely court bundles if you want them

     

    barely used, especially the judge's copy

     

    I didn't get the bank's copy back, suspect that's in mint condition too

  10. yep

     

    I am annoyed though at the way B went about it, leaving until the day like that

     

    NW and Coop got their stays in well early, fine

     

    but this one I took two days off, one to get the bundles finished and delivered and one for the case itself, some serious hard work in there

     

    and presumably a slot in the court's diary too

  11. Stayed

     

    Bs represented by a Miss Wells from Fountain Court, gave me a skeleton argument which went on a bit but basically said let the High Court deal with it

     

    Judge Cohen was a decent sort, I did a short version of the stay appeal argument from here and it sounded very good to me, the lady wife was impressed

     

    Miss Wells and the judge agreed that the Human Rights Act didn't apply as the OFT case was 'a couple of weeks' away and that even if the case was heard an appeal would take it past the OFT so what was the point, he was decent enough to admit that there wasn't time anyway. She said my estimate of up to two years to conclude the OFT case was sheer speculation without offering a figure of her own, as did the judge, I asked the judge at the end what period of time to wait for settlement would be unreasonable, he laughed and said he couldn't say, it was all unprecedented. He made a polite remark about my bundle(s), 'very careful', he also politely suggested that it could be a bit smaller

     

    And the skeleton argument from B's was headed 'Various parties v Barclays' with the case numbers listed in the corner (six cases)

     

    I laughed and pointed that out to her, she laughed too and said she'd been there all day

     

    Good experience and the judge was cool but I'm sure that there was zero chance of avoiding the stay

     

    ah well

  12. shirt and trousers ironed

     

    notes and arguements for the court all ready

     

    last snack of cheese and crackers being eaten, lets hope the judge has a better lunch and Barclays are all in deep sleep

     

    leaving here at 1pm for court at 2pm, hopefully

     

    home this afternoon with either a fat cheque or a thin stay, the barrister lady wife is coming along for a laugh

     

    wish hippo luck

     

    stand by for news later today

     

    hippo out

  13. Monday 22nd

     

    Best of luck with that stay, nothing to lose, I think decide what you will say and make sure you have it pat, judge knows you're a know nothing grunt, polite and well dressed and clean thereafter

     

    I'll have to get something ready for stay as I daresay I'll be stayed on the day

     

    after a day off to prepare bundles and gawd knows how much time preparing (not enough naturally)

     

    very very very annoying if they do

     

    I've read far too many threads where people say the judge had seemed to have made his mind up before B's wallah had even stood up

     

    still, what can we do but play the cards and keep going until the eventual conclusion

  14. as luck would have it I was reading some Contract Law for my brand new Law degree course and lo and behold the chapter on Unjust enrichment and restitution, almost word for word as offered on one of the threads on here

     

    heaven knows what wonders lurk hundreds of pages further in the tome

     

    I can help you if you're nicked for trying to sell flick knives or under weight loaves of bread

     

    Bust as you want this week with course reading

     

    gonna have to scrabble together something simple to say in court over the weekend, that's busy too, is there anything useful on this site?

     

    anyone

  15. no

     

    the judge specifically said that the M& argument had no basis in law and that judgement applies to the county courts

     

    let it go, honest

     

    there's a more sophisticated argument now but it needs learning properly, the banks have been beating CI claims for some time now and are unlikely to pay it imho

     

    I'm in court this Monday with a CI claim but frankly I'm letting the CI slide if the bank turn up and challenge it, I simply don;t have the time to research it properly and another that did still getting knocked back for CI made my mind up

     

    I'm no expert btw on any of the above, doubtless Steve will be more helpful

  16. I'm no expert but the mutuality and reciprocity argument is a dead duck

     

    there's a new one of one of the CI threads that's at least new although someone says they gave it chapter and verse and the judge would have none of it other acknowledging that they'd 'won the moral victory'

  17. Howdy slick

     

    much happier now than I was at about 3pm this afternoon that's for sure

     

    just finished the bank and master bundle this minute

     

    the OFT nonsense dropped on my cases about a month before the settle up stage, ah well, I can only imagine that they've forgotten to get their stay, they wrote me the usual letter ages ago telling me they were going to stay the case

     

    CI was always in there for a punt, people were getting it when I started and the banks were settling everything, my attitude has always been that there was nothing to lose, I've read of someone that gave it a really good go in my court of all places and got turned down so whatever

     

    and yeah to the washing machine, I'm not that handy so I've rather surprised myself

  18. What a nightmare of a day, been bundling all day without stopping

     

    Did it all in the wrong way, copied before numbering, doh

     

    Finished the court bundle at 3.40 precisely, having stopped making up B's bundle an hour before as the deadline loomed

     

    on the scooter and ride of the valkeries to Edmonton County Court, arriving with seven minutes to spare, and the wait for fifteen minutes as the nutters of Edmonton argued with the staff in 'General Enquiries' as if they were in court

     

    A man demanding over and over again that he be paid his money right now was repeatedly told that the judge had ruled against him and he must appeal to the courts

     

    'tell the judge to read the papers again and then he'll agree with me'

     

    he had a plastic carrier bag literally stuffed full and over with crumpled papers, he's coming back on Thursday btw

     

    the lady behind the counter beamed when she realised I was only dropping off a bundle and beamed again to open the cover to see my lovely case index all headed up with case number and so on

     

    I simply didn't have time to mark up the outside but she assured me she'd be happy to do it, what a relief

     

    Still have to finish the bank's bundle but only the correspondence and court docs section to make up now and all the gremlins already sorted hopefully

     

    gonna drop it off at the branch near work in the morning, they can hardly grumble if they haven't submitted a bundle themselves can they?

     

    I can't wait to do my next bundle the easier way

     

    Now, what exactly will I need on the day, will I need to have a prepared argument to convince the judge about the validity of my case? And is the gist of that argument lying around somewhere?

     

    Or am I more or less going to orally repeat my witness statement, it's the advanced one with a few bits chucked in to support CI, jut to show willing, I'm more than happy to settle for charges plus stat

     

    And to be honest I won't cry about being stayed that much although it strikes me as a diabolical liberty to have to make up bundles and prepare for court when B presumably will roll up and grunt 'stay', doubly so if the judge lets them have it

     

    oh and I diagnosed and changed the carbon brushes on the washing machine all on my ownsome, easy when you know how, granted but proper manly job squeezed in at the end of the day

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