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sioni

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  1. Failed to find the letter that I was looking for, should I just copy their letter but omit the clause?
  2. Letter off First Direct today, they are offering my full claim but they want me to sign their form which includes the confidentiality clause. Theres a form here somewhere, I'm just going to look for it, and send it off to them saying that I will stop court proceedings only when the money is in my account. :)
  3. sioni

    Andy v FD

    Stick to the time limit that you imposed in your LBA and start your MCOL.
  4. Hi all had a letter off D G Solicitor's this morning "looking forward to my reply from their letter dated 18th Jan" which was the offer that they had made plus the required signature for the confidentiality claus. Tried phoning the lady dealing with my claim, Rachel Tomlinson on her number 0121 455 2701, but she was away from her desk all day. After searching for other contacts on the forums, I tried ringing Debbie Daubney on her number 0121 455 2111, she is on holiday untill Monday but her message asked me to contact Alan burden on 0121 455 2206, his message said that he was in the office but was unable to get to the phone. Right more than one way to skin a cat I thought I'll guess some e-mail address's so I sent off a mail to [email protected] and copied it to [email protected] , within 3 mins got an automated reply off Debbie :- I will be out of the office starting 12/02/2007 and will not return until 19/02/2007. I am out of the office on holiday until Monday 19 February. If your e-mail needs urgent attention please contact Alan Burden (+44 121 455 2206). Thank you. Guesswork sometimes works, so I have now sent a copy of my mail to [email protected] it's been over 20 mins and it hasn't bounced back yet so I'm assuming it got to him. Here is a copy of the mail I sent :- Hi Rachel after having received your letter this morning I have failed to speak to you or anybody else at the office. Re - your letter dated 14th Feb 2007, yesterday(14th Feb) I returned my allocation questionnaire to the court, with the following information offered to the judge to help manage the claim : I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument. However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith. Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation. In respect of my claim, I would just like to bring to the attention of the court, details of Judgement recently made at Lincoln County Court which orders the following : "The court of it's own motion is considering striking the defence out as an abuse of process on the basis it has settled all previous claims of this nature. If the defendant objects to this course of action it is to file at Court within 14 days, a schedule setting out a list of all claims it has pursued to trial and all claims it has settled." (dated 28th December 2006. I do not consider my claim to be unreasonable, as I am only asking for what is owed i.e.. £971.94, your offer of £939.14 falls short of this by £32.80 which is increasing daily, and will continue to do so until judgement, on currant timescales I estimate a hearing mid to late March which should inflate the figure beyond £1000.00. If you would like to reconsider your offer as well as striking out the confidentiality clause, you could still save your employer some money. See what tomorrow brings. Siôni
  5. Hi everyone 1st post but I've been on the side since Oct. Managed to run my claim with all the fantastic info that has been offered on this site, and my claim so far seems to be running as expected. Here is a brief rundown: 25th Oct - Subject access request sent off. 10th Nov - Large package of duplicate statements arrive. 29th Nov - Request for repayment of charges sent off. 4th Dec - Letter off 1St Direct - very sorry Blah Blah, you will receive a reply within 10 days. 14th Dec - Letter before action sent off. 15th Dec - Letter from 1st Direct - We are confident that if we went to court we would successfully resist any legal challenge blah blah, however ,management time blah blah,commercial reasons blah blah prepared to make an offer of ***** (about £150.00 short of my claim) if you accept please sign declaration. 30th Dec - Money claim online filled out. 2nd Jan - Notice of issue received from the court 4th Jan - Letter of 1st Direct -" our normal procedure would have been to send you a response with an offer no later than 4th Ja. However we received court papers from you today, so it's now with our legal services. 9th Jan Acknowledgment of service from court. 18th Jan - letter from D G solicitors, - we are entirely confident blah blah -however blah blah management time blah blah offer you ***** ( about £100 short) bearing in mind that by now there were court costs and intrest on top of the initial claim. Oh and by the way please sign to say that you will not talk to anyone about this. 31st Jan - Letter from 1st Direct - We look forward to hearing your response from our letter dated 18th Jan. 31st Jan - letter from court -1st Direct has filed a defence. 14th Feb - Allocation questionaire sent off today, needed to be there by 19th Feb. After much thought about which way to play it at this stage, I decided that as I am in no rush to get my money back I would not use the new draft proposal but use the old one, but I also added in section G In respect of my claim, I would like to bring to the attention of the court, details of Judgement recently made at Lincoln County Court which orders the following: The Court of its own motion is considering striking the Defence out as an abuse of process on the basis that it has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled. Dated 28 December 2006 Hope this all makes sense to anybody that is reading this. It's all up to the judge now, I just wonder which way He decides to play it out.
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