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throwingsevens

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About throwingsevens

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  1. Many thanks for the advice regarding the contacting the litigation team, I did just that and they have settled in full!!
  2. Thanks very much for that. In terms of the court side of things; I have read through the general information on this site and at one point it says that once the date for the hearing is set the judge will write to both the claimant and the defendant with directions which should be followed. The only directions I received was concerning the date of the hearing and the fact that the defendant was to submit a skeleton of their argument and anything they intended to rely on and I was not asked to supply anything further - is this normal?
  3. Hi Everyone, Having done really well following the procedures with MBNA, Capital One and Lloyds I find myself in a situation with my claim against Barclays/Monument and I'm really hoping someone can lend me a hand. I originally lodged the MCOL ppw in March time this year and to be honest after receiving the court date I forgot all about it until I came across the paperwork again on Friday and realised to my horror that the hearing is on 3rd July and I have booked to be away from 2nd July which threw me into a panic so I rang the court but didn't really have much joy as they said I wouldn't be able to change the date this close to the hearing. She did also seem to suggest that they hadn't filed anything else yet. If that is the case then the only stuff they would have is my AQ questionaire with this as the Particulars of claim: "1.The Claimant had an account 4**************** with the Defendant, opened 19/02/01 2.Since 11/01/02 the Defendant debited charges and interest in respect of purported breaches of contract. 3.Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4.Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5.Claimant claims: (a) return of the amounts debited of £90.00; (b) Interest per S.69 County Courts Act 1984 of 8% - £28.60 continuing at 8% until judgment or settlement at a daily rate of £0.026; 6.Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7.Costs allowed by the Court." They decided to defend this and used this defence: http://img.photobucket.com/albums/v2...fencePage1.jpg http://img.photobucket.com/albums/v2...fencePage2.jpg http://img.photobucket.com/albums/v2...fencePage3.jpg The original letter I had with the hearing date is here: http://img.photobucket.com/albums/v2...earingDate.jpg and the allocation to the small claims track is here: http://img.photobucket.com/albums/v2...imstr ack.jpg On this one the Judge has said that they must provide a skeleton arguments and any authorities on which they intend to rely when filing their documents. I have had nothing from either the court or Momument since these last 2 letters and so as I said earlier it slipped under the radar. I realise its very late in the day now and that this is a lesson learned for me in terms of awareness and preparation but please could anyone take pity on me as I haven't got this far yet with any of my other claims. I unfortunately cannot make the court date but I noticed on the bottom of the hearing date letter I can write to the court at least 7 days before the hearing to advise I do not intend to appear and the Judge will hear the case in my absence and take account of my statement of case. Is there anything positive I can do at this late stage please?
  4. Sorry to bump this but I am really desperate - can anyone help please?
  5. thanks very much for all that advice I will get a letter sent.
  6. Hi Everyone, Having done really well following the procedures with MBNA, Capital One and Lloyds I find myself in a situation with my claim against Monument and I'm really hoping someone can lend me a hand. I originally lodged the MCOL ppw in March time this year and to be honest after receiving the court date I forgot all about it until I came across the paperwork again on Friday and realised to my horror that the hearing is on 3rd July and I have booked to be away from 2nd July which threw me into a panic so I rang the court but didn't really have much joy as they said I wouldn't be able to change the date this close to the hearing. She did also seem to suggest that they hadn't filed anything else yet. If that is the case then the only stuff they woudl have is my AQ questionaire with this as the Particulars of claim: "1.The Claimant had an account 4**************** with the Defendant, opened 19/02/01 2.Since 11/01/02 the Defendant debited charges and interest in respect of purported breaches of contract. 3.Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4.Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5.Claimant claims: (a) return of the amounts debited of £90.00; (b) Interest per S.69 County Courts Act 1984 of 8% - £28.60 continuing at 8% until judgment or settlement at a daily rate of £0.026; 6.Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7.Costs allowed by the Court." They decided to defend this and used this defence: http://img.photobucket.com/albums/v294/4ttwo/DefencePage1.jpg http://img.photobucket.com/albums/v294/4ttwo/DefencePage2.jpg http://img.photobucket.com/albums/v294/4ttwo/DefencePage3.jpg The original letter I had with the hearing date is here: http://img.photobucket.com/albums/v294/4ttwo/HearingDate.jpg and the allocation to the small claims track is here: http://img.photobucket.com/albums/v294/4ttwo/Allocationtosmallclaimstrack.jpg On this one the Judge has said that they must provide a skeleton arguments and any authorities on which they intend to rely when filing their documents. I have had nothing from either the court or Momument since these last 2 letters and so as I said earlier it slipped under the radar. I realise its very late in the day now and that this is a lesson learned for me in terms of awareness and preparation but please could anyone take pity on me as I haven't got this far yet with any of my other claims. I unfortunately cannot make the court date but I noticed on the bottom of the hearing date letter I can write to the court at least 7 days before the hearing to advise I do not intend to appear and the Judge will hear the case in my absence and take accoutn of my statement of case. Is there anything positive I can do at this late stage please?
  7. Ah that makes sense, thanks. Do you think I should add the other charges not previously asked for to the letter as well?
  8. Hi Everyone, I had followed the excellent advice on here and having sent my fees sheet off to Lloyds I was both surprised and pleased to get a letter back saying they would credit a good chunk of what I was claiming as "full and final settlement". This still leaves about £415 of my claim outstanding and I had other charges on my account since then that I have not yet claimed for (this claim only covered up to 1/3/07). What should I do next? I am contemplating going via the Financial Ombudsman for the remainder but can I also ask them to take the other fees into account as I have not yet asked the bank to refund them? Should I start another claim for these other fees from scratch? I hope someone can advise the best course of action. Incidentally, I was shocked that they paid out so quickly given the experiences of others I have read on this board!
  9. Hi everyone, I have completed the AQ for my claim and the other day received this letter back (excerpt): "The hearing of the claim will take place on a date to be fixed at Oxford County Court and should take no longer than 2 hours. Defendant to file and serve with their documents a skeleton argument and any authorities on which they intend to rely." I have never got this far before and I am not quite sure what to expect next. From what I have read it seems that I should be expecting a court bundle soon? I haven't had anything through yet and so i'm not sure if I should be chasing for this. Can anyone help please?
  10. Would you believe it?! Just gone back online to check the claim and it now shows that they have entered a defence dated 31/1/07! That wasnt showing this morning and interestingly it is dated 6 days before the claim was served - I am confused!!
  11. Hi Everyone, Been through the MCOL step with Monument and have now reached the stage where 28 days has passed since the date the claim was issued and although they acknowledged the claim they have not entered a defence or contacted me. I went online today and requested a judgement by default and filled out the relevant bits. My questions is this: at the end it said that once this is requested fees would be come due but didnt say how much or ask for my details to pay them. Can anyone tell me what to expect and if I can recover them? The claim is for £148 odd. Hope someone can help.
  12. HI Everyone, I am in the closing stages (hopefully) of my claim against Capital One. I have filed the MCOL and the 28 days will be up at the end of this week. Looking at other threads on here they seems to pay up directly into the card account so I keep checking my balance. My question is: assuming they do this for me what should i do next to cancel the MCOL?
  13. Brilliant, thanks very much for the advice - much appreciated!
  14. Ah right, thanks very much. So I shouldn't send a copy to Capital One themselves in the meantime?
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