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Kerri Vaughan

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About Kerri Vaughan

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  1. Sorry about the Threads, I do not know how to keep the claim details in one thread, please advise. I will submit my Court Bundle. My reply to DG will delete the offending clauses but I will include a letter stating I will only accept their offer without any confidentiality or non disclosure clauses. I am surprised they included an imposition like this as I have twice sent special delivery letters clearly stating I would not agree to such clauses. Thank you for your help
  2. I have a filing date next Tuesday, to submit the court bundle if I do not do this the Court will strike out my claim. I want to add my reasonable time costs for preparing my case and correspondence to date and add it to the offer DG has made. It is possible DG will not take my phone call or respond to my fax before Tuesday. Whilst I appreciate your advice about not proceeding should I prepare the Court bundle and file it next week to protect my claim and then hope to reach agreement with DG before the Court Hearing date, or do you think DG will accept my reasonable request, however as advised I will not agree to any "confidentiallity" clause. thank you for your advice.
  3. Hello Miss Muppet Yes I mean costs of preparing the case.You are suggesting I must file the court bundle next week in any case.Then tomorrow fax back the letter of offer amended by crossing out and making it abundantly clear to DG that I will not agree to any confidentility clause.In addition that I should now calculate my costs of case preparation to include the court bundle time and postage etc and put this in the fax to DG as an addition to the settlement amount offered ? Thanks for your advice Kerri
  4. Have received an offer which I want to accept but DG have inserted the stipulation as to claim and ex gratia payment remaining confidential which I will not accept. Should I cross this out on letter of offer and call them before I fax it back to them tomorrow. My full Court pack to be filed by next Tuesday. If I accept this offer, can I still apply to the Court for my time costs and do I have to inform DG. Advice please.
  5. Chloejane Thanks. We are starting on that now. cheers
  6. Hi Lateralus The following is what's been sent from the Court: The District Judge has Ordered that: 1. Allocate claim to small claims track and be listed in accordance with the accompanying notice. 2. The Claimant do by 4pm on 12th June 2007 claify the claim by filing in court and serving on he Defendant the following information: (a) copies of any statement or other document relied upon as showing that each and every charge has been made. (b) a statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise. © Copies of any decided cases and other legal materials to be relied upon. and if the Claimant fails to comply with this order the Claim will stand struck out without further order. 3. Subject to the Claimant complying with paragraph 2 the Defendant do by 4pm on 10th July 2007 clarify the Defence by filing in court and serving on the Defendant the following information: (a) pursuant to what contractual provision each charge identified in paragraph 2 was made. (b) whether such charge is accepted to be a penalty and if not why not. © If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties) all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss and all evidence to be adduced at trial as to what the true cost of dealing with the matter was. (d) If such chrage is not alleged to be a pre-estimate of the Defendant's loss. Incurred by the Claimant's actions the facts and matters relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial to show that the charge was fair and reasonable. (e) The statements of any witnesses whose evidence is to be relied upon at the hearing. (f) Copies of any decided cases and other legal materials to be relied upon. and if the Defendant fails to comply with this order the Defence will stand struct out without further order and judgment be entered for the Claimant for the sum claimed. 4. The court is of the view that this matter ought to be settled by sensble negotiation or mediation and will take into account the failure of either party to folow such a course when dealing twith the question of costs. An appropriate nudge letter is being sent DG copied for CAG templates. Regards.
  7. Hi Lateralus Our schedules only comprise charge period, overdraft fee and interest. That is what we are reclaiming, these fees were issued for exceeding our overdraft limit, we never had charges for card misuse, recalled d/d-s/o. These o/d charges were clearly put into a spreadsheet, correctly titled by name and account number. Our particulars of claim were cut and pasted from CAG templates.
  8. I have sent sch of charges on spreadsheet with dates etc to Court with particulars of claim. When I sentAQ to Court a copy was sent to DG with sch of charges. My letter to DG clearly identified court and claim number. Court were told my AQ went to DG by recorded mail. What is an mse follower? Other than date, amount of charge and account number, how detailed does a schedule need to be? Surely when each charge is considered in the context of your account being overdrawn this is all that is required? I will sent nudge letter. thank you.
  9. We have a Court date for end of July our case has been allocated to the small claims track and we have until early June to clairy our claim and serve on HSBC further information or our claim will be struck out. HSBC has until early July to clarify their defense. Similar info and "the basis upon which the charges were calculated". There is a final paragraph : "That the Court is of the view that the matter ought to be setted by sensible negotiation or mediation and will take into account the failure of either party to follow such a course when dealing with the question of costs". Can you now advise, please.
  10. Lateralus Sorry for the extra threads.Thanks for the advice.Do you have a draft for an "unless order" please? GaryH Thank you.An application for an "unless order" seems reasonable in this circumstance, together with a chaser to DG as also suggested. Chloejane I appreciate your input also.DG's abuse of filing dates and of due process can only work against them in the long term. Whatawoman Helen ,Goodluck, hope the offer is full and complete.
  11. Submitted AQ on time, have discovered Bank have failed to file their AQ yes (two weeks after due date), what would you anticipate a Judge would order now and what if anything can we do to advance this matter in our favour:idea:
  12. Submitted AQ on time, have discovered Bank have failed to file their AQ yes (two weeks after due date), what would you anticipate a Judge would order now and what if anything can we do to advance this matter in our favour:?:
  13. Hello NettyG I very much appreciate your help.Thank you.Kerri
  14. Can you help me find the draft letter to the Solicitors acting for HSBC that states "I will only accept fully settlement and retain the right to refuse their privacy and any non disclosure". I saw this on the forum before but am now unable to find it. Thanks.
  15. Hello Lateralus.an N1 was filed.
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