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acy6er

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About acy6er

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  1. Letter came from the court today. "This action shall be stayed pending the final decision in the test case between the OFT and Abbey etc etc" Is it easier to wait now? Liz
  2. Still heard nothing - its been transferred to Kidderminster County Court. What does it mean if its been "stayed"? Liz
  3. Well, I have not heard a thing since early August..... Should I phone the court and find out what is happening? My sister's friend works for DG solicitors and she says all cases are put on hold while a test case goes through - is she right?
  4. No, not yet. Well, I've done both the AQ and the nudge letter. Should I use either or wait for something from local court? Also, the spreadsheet isn't adding daily interest and I don't know how to fix it! Liz
  5. OK, I have the letter in front of me now.... To all parties. A defence to this claim has been filed. The claim has been transferred to the court covering the area where the claimant lives or carries on business. Please read the accompanying documents carefully and note that the Allocation Questionnaire should be referred to X County Court. No deadline given but the letter is dated 2nd August. The OTHER piece of paper (from Northampton) also says at the end ** Please note that the allocation fee wil be due on all claims over £1500. (not me!) This must be paid to the court of transfer within 14 days of the date of dispatch of the notice of allocation to track. This fee is payable even if the case settles before the hearing and must be borne in mind when reaching any settlement. Date order drawn 2nd August That's why I thought I had 2 weeks in which to write an Allocation Questionnaire. Liz
  6. Are you sure? There is another letter attached titled Transfer to Proceedings which states the Allocation Questionnaire must be returned to my local court within 14 days.
  7. Well, I'm struggling on with this.... I've found an AQ on the internet but how much would my fee be? I am claiming back just short of £800. And has anything changed re: filling it it? L
  8. There doesn't seem to be an Allocation Questionnaire attached?
  9. Anyone? Or should I just give up?
  10. Well, hoping for a reply..... CAB reply came this morning. It says: "Thank you for your letter of 30th July. Your credit agreement is regulated by the Consumer Credit Act. You do have a copy of the credit agreement, but this does not give the breakdown of the additional charges added by MCS. You should ask for these details from MCS. You may well have a case to dispute the addition of credit loan insurance which included your ex-husband, but excluded you. The comments from the on-line forum can all be used in an attempt to get your debt reduced, but we cannot say whether it will be successful Then they have enclosed some print outs telling me about CCA's. They also give the telephone number of the Ombudsman. Finally, if you feel we can assist in re-negotiating your debt please call into one of our offices as shown on the leaflet enclosed. (But then they forgot to enclose the leaflet!!!) Liz
  11. Is there a standard reply? Liz
  12. Oooo, there's another page! Northampton County Court Me v HSBC etc etc Without hearing it is ordered that: 1. The filing of an allocation questionnaire can be dispensed with in this case unless the District Judge at the court of transfer orders otherwise. Note: any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order. Allocation fee (not relevant to me) etc etc. Liz
  13. OK, its on a sheet titled "Defence and counterclaim" 1. The Claimant's a/c is governed by the Claimant's personal and/or business banking terms and conditions. 2. Pursuant to the defendant's terms and conditions the Defendant is entitled to make a charge for its services as set out in the Defendant's price list, including an overdraft review fee for considering whether to provide and providing and overdraft. (sic!) 3. The Def denies that the charges applied to the Claimant's a/c amount to penalties at common law and/or unfair contract terms for the puproses of the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR's) 4. The charges applied to the Claimant's a/c are reasonable and are properly and fully dislosed in the D's terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCR's are not applicable to them; alternatively, they are not unfair contrary to the UTCCR's. Further, the charges are not default charges and, accordingly, cannot amount to a penalty. 5. Save as set out above, each and every allegation made by the Claimant is denied. For the reasons set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Liz
  14. OK, today I got a letter saying it is being moved to my local court. They have attached a defence signed by DG solicitors. What do I do now? Does the recent court action where banks have "won" change anything? Liz
  15. Interestingly, it says "Defence 4th July". The claim wasn't even supposed to be served until the 9th. I have received no paperwork AT ALL from HSBC in defence.
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