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Mad Nick

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About Mad Nick

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  1. I thought I'd update - might be useful for others. I was left until mid Sept not being given any clue about what I was actually supposed to have done (just the Police 'due care and attention'). I was then told, when they arranged the interview under caution that "they had it all on CCTV and they had two witnesses" but they still wouldn't say what "it" was. I only found out the morning of the interview when my insurance company told me - basically that I'd hit an empty car when I parked next to it. I won't bore you with all the details, but don't believe a word they tell you and think c
  2. Dates were above - definitely >14 days. Yeah - I did confirm it's my car and I was driving but I declined to fill in their accident form and attached a note explaining why (ie I wasn't involved in an accident). Thanks everyone - all's clear now. Regards.
  3. Thanks - that's all reassuring. I think I'll ask the Police Collision Administration Unit what is their intended next step. And while I'm at it, I'll point out that more than 14 days passed between the alleged incident (7 Jun) and the date on the NIP (30 Jun) which, I understand from a bit of Googling today, means they can't prosecute anyway. Not that I did anything ! Regards, Mad Nick PS What's ironic about this is that about 2 years ago, I was the victim of a hit and run. I even had a witness. Although his insurance company coughed up to repair my car, he wasn't prosecuted -
  4. Thanks. It says F705.doc bottom left and cites Road Traffic Offenders Act 1988 : "without due care and attention" and "without reasonable consideration for other users of the road". Signed by "for the Chief Constable of Gloucestershire". I doubt it's cloning. The Police quote Cirencester on a date/time when I was actually there, even if his insurance company and legal insurers say Worcester. But what about the Police - basically, assuming they don't drop it based on my written reply that I was driving at the time but don't know what they're talking about, do they invite me in for
  5. Grateful for any ideas/thoughts. Got a letter from someone's insurance company claiming my involvement in an accident in a car park in Worcester on particular date/time. Wasn't in Worcester that day; haven't had an accident. Told them that in writing. Then get Police notice of intended prosecution for not due care and attention in a supermarket car park in Cirencester on same date/time and Collision Accident Unit form. I was there at that date/time, but didn't have an accident, scrape, minor bump, road rage, nothing. I genuinely have no idea what I am supposed to have done. Told
  6. Just a quickie about compensation for a missed appointment. British Gas did it to me - a wasted 1/2 day of my Annual Leave (worth about £55). Lots of examples on the web, but I couldn't find any example of someone getting more than the supposed limit of £20 (apart from businesses). Persist - it's worth pushing them harder (all in writing). They miss appointment so I complain 2 weeks later they credit my account £20 I complain that my consequential loss for their failure is £55 2 weeks later they say "you are entitled to £20". No reason. Red rag to a bull - it's the pri
  7. Mad Nick

    nat V Abbey

    Nat, There's a strong legal argument for charges >6yrs being in play through postponement of the start of any Limitation period (see below). However, until you get Abbey in court (or due in court) it's just "oh yes it is, oh no it isn't" between you and Abbey. It won't be until they are faced with justifying their position on >6yrs to a Judge that they'll cave in. I would therefore resign yourself to only being able to pursue >6yrs charges through the courts, not Hardship direct with the bank, but I would have one more go down the Hardship route simply in order to get mo
  8. phatram, about a year ago when I was claiming I did quite a lot of research on mutuality/reciprocity, unjust enrichment, fairness & balance (http://www.consumeractiongroup.co.uk/forum/general/18313-why-no-one-claiming-30.html?highlight=fairness+balance#post444092), restitution, common law, Court's rules on awarding interest and so on. It's a minefield, a real minefield. Have you done a search on CAG ? I figured that if I wasn't totally sure of my ground the Bank (Abbey) would literally take it into Court and I would risk ending up with just charges + SI. So I concentrated on claiming e
  9. I have a suggestion which I'll make then explain. Why doesn't CAG get a QC opinion about claiming CI ? Explanation. Essentially, and with all due respect to ourselves (because we've really socked it to 'em, and it feels fantastic), we are amateurs against professionals (well the Banks laywers are anyway !). That's why CI has been rattling around for over a year now. The recent "CI Precedent Lost" case is paradoxically a step forward because it better defines the battlefield (even if it was a personal step back for the claimant). But to take the next step forward (ie beyond charges+O/
  10. Hi, spotted your urgent post lurking unanswered. From what I've read, as it's a Preliminary Hearing, I don't think you actually need to submit a Bundle yet (that comes in response to the Directions which this hearing is to decide). But you need to prepare (and attend) as if it's the full monty - ie be ready to argue your case. Chances are Abbey won't turn up in which case I would try to avoid arguing your case (look what happened to poor Mr Berwick). I would also try PMing a MOD (eg Gary) - they are only too willing to help when claims get to this sort of point (ie Mercantile). Regards Mad
  11. Hi, suggest write to Abbey and ask them to return the statements. If they refuse, just shell out another £10 for a Subject Action Request. The documents you need to provide are listed in the "Basic Court Bundle" zip file here : http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html and Witness Statement @ post#4 here : http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html At worst, they'll take it up until a couple of days before Court (or completely forget and you'll be into seeking Judge
  12. Hi, some people have used the FO with some success, but I'm not sure of the timeline. Surely, taking them to Court is more fun !! I vote for N1. I just tried the Zip file and it was fine. Try reinstalling Winzip. Alternatively, PM me your E-mail and I'll send you the Word doc. Regards, Mad Nick
  13. Hi, I left them to come to me - I know lots of people do approach them, but to me that is just signalling a weakness to them. They rang to settle about 6 days before the Court date. I never agreed anything over the phone and made them do E-mail ping-pong while I queried their 8% calculation, negotiated over the overdraft interest figure and included some claims I'd missed from the pile of microfiche. I ended up giving them a deadline of Close Of Play 2 days before Court which is when they caved in. I've not kept close tabs since April, but who are these people who have been losing ?
  14. Simon, the CAG template letters in the "Bank Templates Library" already do what I think you're suggesting (ie ask for breakdown of their actual costs). If your MSE template letters didn't ask, there's no harm in doing so now. As you correctly surmise, they will either ignore you or refuse (I got "we are not obliged to disclose ....." - tell that to a Judge !). On your suggestion to pay a proportion of their charges - are you mad ! You might as well go and flush the money down the toilet now. The charges are either enforceable in law or they are not. If they are not, they can't suddenly
  15. Hi, just in case it falls between the cracks of Gogovit's advice and Lula pointing you to the Basic Court Bundle in the Library section, "disclosure of documents" isn't just correspondence with Abbey; more importantly, it's things like UTCCR, the OFT reports etc - anything you would rely on to prove your case in the highly unlikely event Abbey took this into Court. And the "Witness Statement" contains your arguments. Look here as well http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html Regards, Mad Nick
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