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pot-less

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Everything posted by pot-less

  1. Is there any way I can get "out of my depth" taken off of my thread title?? - it's making me sound a little weak - I need to focus on strong and brave!! lol!!
  2. I've just done it (yay - brave ol me!) I've been told that they will be in touch closer to the date of the conference with all of the details - but I still gave her my telephone number just to be sure they have it Will follow up in writing (I even remembered to take her name!) and copy to the court. Something along the lines of: "further to my tele con this morning with 'cobbetts lady' I understand that you will give me notice before the date of the tele conference that this has been arranged as requested. I have also, during our conversation, provided you with my home telephone number" Sound ok???
  3. Thanks - that's a good idea! (i have just spoken to the court to ask a few questions. up until now I thought I had to go to the court for this - the lady has just told me that cobbetts have to ring me I'm so dim!!) Would it be best to put this in writing so that I can put a copy in my file?? (also then I can't get tounge tied on the telephone and screw it all up! )
  4. Hi everyone! Nothing has happened in the last month. I've heard nowt from Cobbetts so I am just assuming that the telephone conference will go ahead. Do I need to do anything in preparation do you think? I wouldn't need to do my court bundle for this would I? I know I have a little while to go yet as the court thing is not until 18th May but I am off on a break soon and want to get my head straight so I am ready for it when I get back!
  5. Thanks both of you! Sorry if I seemed a little glum but this is just one of many things that seem to be going wrong for me at the moment! So are you saying that at the telephone conference I should be ok with going down the fast track route rather than fighting for small claims? If I went down the fast track route and lost (i know, i know - but lets just test from every angle, I told you I was feeling glum!) could I end up having to pay their costs? (just off to look up what the diffence between small claim and fast track actually is on t'internet!)
  6. This is really getting me down now. I have just received the following from the court: DISTRICT JUDGE BLAH BLAH has considerd the statements of case and allocation questionnaires submitted in this claim and has decided that a hearing is necessary before a final decision about allocation can be made. DISTRICT JUDGE BLAH BLAH orders you to attend at (time) on the (date) at Blah blah county court.....(address) THE REASON FOR THE HEARING IS AS FOLLOWS: 1 The issues raised are not suitable for determination in Small Claim Track. The court propose to allocate to Fast track. IMPORTANT NOTICE This hearing will take place by way of a telephone conference. The Defendant's Legal Representative is ordered to arrange the telephone conference. Please quote telephone number 01234567890 then arranging your telephone conference. Time estimates for hearings must be accurate as they will not be allowed to over-run. In the event that a time estimate is insufficient then please contact the Court. Please note that time has been allocated for the Judge to reads all papers in advance of the hearing. NOTE: Note If you fail to attend the hearing, the court may order you to pay the costs of the other party, or parties that do attend. Failure to pay those costs within the time stated may lead to your statement of case being struck out. I have used all of the same information as everyone on here (cust, copied, pasted etc) so why am I the one that's not getting any results?? Why is my judge on the banks side?? I'm thinking of jacking it all in! I don't have the confidence for this, I haven't a clue what to say or do. I truly am out of my depth!
  7. Right, it's all printed out and ready to go (but my daughter is ill so i'm not able to take it this afternoon - will be tomorrow now) Does it need a covering letter to the court do you think? Should I flag up the change in S69 daily rate as I had previously got it wrong? (I have changed it on the new particulars but should I write and let them know I made a mistake?)
  8. Sorry - 1 last question for this part - Do I put in a schedule dated today or the date of my original claim? I know the interest amount would be a bit different between the two - I have sent "up to date" versions everytime a schedule has been required but have since learned that I should have changed the date on my computer to show the same interest as my original one.
  9. As I thought - Waaaaay more than my claim! Oops. Fingers crossed for me then, Assuming all else is right I will hand deliver that to the court hopefully tomorrow! Thanks for coming to my rescue again!
  10. Right - bear with me here. I'm starting to confuse myself again. I "think" the only bits I need to take out are: This sentance as I am not claiming the overdraft interest back This paragraph as I did not get an SAR And this point for the same reason as above! Does that sound about right?? The "brief outline of claim" section has me a little bewildered with all of its professional speak. Is there anything I may need to remove from this section?? What does 'in terrorem' mean - My computer keeps putting red wiggly lines under it?? and last but not least (for the moment anyway! ) on my N1 I appear to have got the S69 daily interest rate at 91p - which by the calculation method I have since found is quite wrong (too high) I copied and pasted that onto there originally not realising I should have changed it - Have I buggered it up? would it be ok to just give the correct rate on these expanded POC's that I send back? Thanks very much!
  11. Wow! Thanks very much for all of that. Will have a good read through it and make the necessary alterations (and then post back on here to make sure I've done it properly no doubt!!) Thanks very much - you are a star!
  12. Anyone about that can help me with the details I need to get to the judge?? (please, please, please!)
  13. I'm thinking that my judge may be on the bank's side
  14. Finally got a copy of the original letter this mornng. It reads as follows: Before diestrict judge **** sitting at **** county court (address) Upon reading the court fil IT IS ORDERED THAT 1 The claim be stayed as it makes no serious attemp to comply with CPR 16.4(1) by settin gout a concise statement of the fact. (stylised particulars do not constitute compliance.) The claimant must amend or substitute its particulars of claim setting out the claimants case in plain english by 4 pm on the 19th February 2007 and in default, the claim be struck out without further notice. If the above order is complied with the Defendant has permission to file and serve an amended defence in accordance with CPR 16.5 setting out its case in plain english. 2 This order was made without a hearing. Any party affected by it may apply 7 days of service for it to be set aside, varied or stayed. Dated 31 January 2007 The judge has allowed my 14 days (up on 19/03/09 @ 4pm) to get this information to the court!! Please help - I don't have a clue what they want from me. What is a CPR??
  15. I'm not very good at wording letters - does this sound ok for the main part??: I have been advised that my claim has been struck out due to non-compliance of the Judges request. I am very concerned about this as I have not received any correspondence from the court since the receipt of my Allocation Questionnaire on 09th January 2007. I have, this afternoon, been advised on the telephone by a staff member that a letter was sent out to me on 31st January 2007. I would appreciate it if you could send me a copy of this letter in the hope that I can provide the Judge with the information required and continue my claim
  16. Thank you hagenuk, I appreciate your help. Will get a letter written up this afternoon.
  17. I have just rung the court again. My file has been passed back to the district judge so she can't get me a copy of the letter at the moment. She said I should ring back if I've not heard from them next week. Sorry - point b does say unenforceable on my N1 - it was a typing error by me (never was any good at typing!) Attached to my N1 (and all copies of it) were a copy of my schedule, a copy of my prelim letter and a copy of my lba
  18. Yes - £100. I took it to the court in person, apid in cash and got a receipt.
  19. My particulars of claim: 1. The claimant has an account ******** with the defendant which was opened on **/**/**** 2. During the peiod in which the Account has been operating the defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the claimant and also charged interest on the charges once applied. The claimant understands that the defendant contends that the charges were debited in accordance with the terms of contract between itself and the claimant. 3. A list of charges applied is attached to these particulars of claim. 4. The claimant contends that: a) The charges debited to the account are punitive in nature; are not a genuine pre-estimate of cost incurred by the defendant; exceed any alleged actual loss to the defendant in respect of any breaches of contract on the part of the claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the defendant which exercises the contractual term in respect of such charges with view to profit. b) The contractual provision that permits the defendant to levy such charges is enforeceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law. 5) Accordingly the claimant claims: a) The return of the amounts debited in respect of charges in the sum of £*** and any interest charged thereon; b) court costs; c) interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just. I believe that the contents of these particulars of claim are true. I haven't claimed for contractual interest (don't know if that makes a difference) just the 8% added at court stage.
  20. PLEASE HELP!!! I have just been on the phone to the court. My case has been struck out!! They say they sent me a letter on 31st Jan as the judge wasn't happy with my "particulars of claim" and he wanted more information. I never received this letter. I told the lady this and she said all she can do is give the file back to the judge and see if he will allow more time for me to provide the information he wants. Oh god - it's all falling apart! I copied the particulars of claim that everyone uses from here - any idea why they wouldn't be ok for the judge in my case?? I want to cry now!
  21. I haven't started my claim against Nationwide yet (as I am dealing with Natwest first and don't want to confuse myself) I have 2 questions for you: 1) - Will nationwide def. close my account at the end? 2) - its a joint account, so would they close my partners current account (or my kids accounts in our names) too?? Thanks (and sorry for crashing in on your thread!)
  22. Can anyone please advise me what to do - I had a minor problem and went £2 over my overdraft. I have had a statement with a charge sheet saying they will charge me £28 on 28/02/07. Should I let the charge go through and then ask for it back when cobbetts finally settle my original claim or should I ask for it to be stopped before they take it??
  23. Oh bugger - have I screwed up??? I have just been reading some other threads and on one of them it says that when you print out your schedule you should change the date on your computer to the date that you made your claim so that the 8% interest amount is the same. I haven't changed the dates so my interest figure has risen each time I've printed out. Have I screwed up (fingers are very tightly crossed!!!)
  24. Update from me - Absolutely nothing has happened! I think i'm waiting to hear from the courts at this stage (???) as both sets of AQ's have been filed (end of jan) I'm assuming I just have to sit and wait. That's ok with me as it means when Cobbetts finally pull their finger out of their butt I'll have accrued a bit more interest and my cheque will be a little fatter!
  25. Can anyone put my mind at rest? re link #35
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