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Nick SPX

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About Nick SPX

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  1. Thanks Dar3n, I have stopped everything now until I hear from the court. I think it would be a good idea to ask for the statements again though, do you not ? It wil surely take more than the 40 days before I am asked for the bundle and they responded pretty quick last time........
  2. Hi, Sorry to be a pain. In a bit of a fluster here. So, I need to fill in the AQ with the format as per the guidance (already done). What do I need to attach to it. I have attached the Draft Order and the Other Information as per guidance. What are B's ? I was going to do another SAR and send it off today (in case I have to include in the bundle later on). Is this a good idea ? I was under the impression that I would be asked for the court bundle at a later date. They didn't even send me an N149, just the Notice of Transfer of Proceedings. Do I wait until the court send me the N149 and then fill it in rather than straight away sending one in to the court? Am getting a bit stressed so sorry if I keep asking the same questions....
  3. I've had a think and I might just send it all out as is If I can't attach the statements I can't. Worst comes to the worst I can apologise and do another DPA request.
  4. I was just thinking that, what with point b) o the draft order, mebbe it would be best If I didn't include it and instead just put this: Section G - other information If the court is in agreement, the Claimant respectfully requests that special directions may be given as per the attached draft order. The Claimant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously; - The actual loss suffered 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 Unfair Terms in Consumer Contracts Regulations 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 contractual service (which is refuted), 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. The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is incumbent upon it to disclose such information. Additionally, the Claimant is aware that the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Willesden and Mansfield County Courts. 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 this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.
  5. Hold on, I've just found more directions, think I may be sorted. Ta
  6. Thanks for your help people, am a bit nervous about this all now it's going to court. I am trying to fill in the 'Other Information' section on my AQ. I have read the guidance and will write something like this: I believe that this case will last no longer than one hour. I respectfuly request that the attached draft direction be made in to an order. (then attach the draft direction). Is this enough. I originally wrote a load of waffle but the judge will see my particulars etc.. and I see no point in repeating it all. Thanks
  7. I have shredded the statements.......... I made the schedule from the statements.
  8. I foolishly shredded my bank statements after making my schedule. I am now in the process of filling out my AQ and I see that I will need to attach these at court stage. Any advice on what to do now ?
  9. Got my money t'other day:o Not received the letter though and not sure who to speak to about it. Anyone got a contact no. ?
  10. Just checked again and got some money not incl. costs etc. Any idea who to call to ask about the costs and interest bit ? Ta
  11. My case was acknowledged on 12/03/07. Still no defence and no cash in the bank. Should I start judgement ? I presume so but know others feel diferently on this issue.......
  12. just follow the guidelines. keep it simple.
  13. Just be patient and be prepared to fill in the AQ when it arrives (you'll prolly get the cash first but better to be safe than sorry)
  14. I sent a £10 postal order with my DPA letter. Oh, and the default can be removed if it is made up partly or wholly from unlawful charges. Check out the other thread on the main page that talks about this. As rightfullymine points out, there are loads of people who have told moorcroft to poke their nasty telephone attitude. Start up a thread and the help will come. Oh, and good luck. Don't stress.
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