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MRSRWILSON

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  1. At the point where I need to file an MCOL against Barclaycard and Halifax credit Card - total court costs of £200. Do I carry on regardless despite everything thats happening or not as £200 is alot of money if Im going to have to hang on for a few yearsuntil this mess is sorted. What would you do?
  2. Sorry for being so dramatic but I have received a court letter - General Forma of Judgement or Order'. I thought this was a standard allocation hearing BUT it states the following.... 'Upon the courts own motion, the Court has made this order of its own initiative WITHOUT a hearing. If you object you must make an application to have it set aside. Q1. - I take it this means I don't have to appear in person at court? They have asked for the following... 1 - 'A schedule setting out each charge repayment of which it is sought, showing the date, amount, and reason given for that charge being made' 2- Copies of statements or other documents relied upon showing charges 3 - A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise 4 - Copies of any decided cases an dother legal materials to be relied upon. Can anyone please advise on what to send, and any links to appropriate info. I have the Got A Court date? Link but am stuck. What is point 1, is this not the same as a statement? Sorry for panicking but I have been on holiday and come back to this, so I only have 3 days left to send it in. Arrghh!
  3. Know how you feel Saul169. It is a bit complicated. I am awaiting a court date and so am tryng to read as much as poss about court bundles etc but im still very worried. Its all very well advising people to read up on here as much as poss but there is so much info and although it is fantastic it has grown so much that it is difficult to find what you are looking for. Someone posted a comment the other day about a member who'd ended up in court and had said the wrong thing to the judge with regards to breaking the terms of the contract agreement. They said that if the person had done the research they would have known what to say - well im still trying to find the answer! Has anyone got a list of likely questions you will be asked at court and what should and not be said. I do appreciate that you need to study the info so that it dosen't sound scripted but I could really do with some help! Sorry for ramling but im starting to panic about the court date!
  4. Hi Sorry but am trying to log my litigation details - Bank Fodder understandably your mailbox appears to be full and isnt allowing any emails. Whoelse can I send to - moderator / helpers - who in particular?! Sorry just need a name to email!
  5. Definately Motley crue! Most of my debts stem from when I was at Uni 6 years ago. Am desperately trying to clear my debt - am determind to clear my cards and start saving!
  6. Capital 1!!!! Have also had a £1000 refund from HSBC, court claim with a building society for £200 and have just today received my Halifax credit card statements!!! Hang in there!
  7. Hi My orginal claim was for £599.36, had the usual replies from Mr Uddin declining.Received a partial offer which I declined. Filed MCOL paying £80 for claim which in total was £679.36. Filed MCOL on 09/04/07. Today I have received a letter offering full amount. This will clear my card AND give me £93.13 credit - which they are sending me in a cheque!!!! Result! Just want to offer everyone support and to encourage people to file MCOLs even though it is daunting. On the otherhand - I also have a claim in with the Cumberland Building society for £220 (small amount) and it looks like they're going all the way - have received counterclaim and defence etc. Was feeling pretty scared about it but this result has given me the boost to carry on til the end with them!!!! Thanks all aswell for everyones supported esp.moderators!
  8. Got a letter today!....OMG they have offered a full refund - £679.36 - this has cleared my card and they have sent a cheque to me for £93 as that would be the credit!!!! Yippeeee!!! Keep going guys!
  9. Sorry I have just reread the Arkanara case again and she had done the same thing - so have found the answer! Sorry x
  10. Hi I have received a copy of the banks allocation questionnaire, however they are saying that they haven't received a copy of mine, although the court definately have. Will this hinder the case or can it be thrown out because they haven't received a copy of the allocation questionnaire? Thanks in advance
  11. Forgot to say keep going archer - we're with you all the way!
  12. Have just checked MCOL and they have acknowleged the claim as of 18/04/07 - so that gives them 28 days to file a defence. I have just received all my Barclaycard statements today with charges totalling about £450 so Im making a start on that! I also have just filed my defence to the Cumberland Building Society who filed a defence and counterclaim to the MCOL I sent them - that claim is only for £220 but they're taking it all the way! Also waiting on statements from halifax credit card. but the best yet is that I got back £1700 from HSBC! I have struggled financially for years since being a student and Im just getting back on my feet now. I know it may have been irresponsible to get all these charges but I think I deserve to get them back after all the stress, worry and sleepless nights I used to have. How are you guys getting on?
  13. Also, I have seen on another post that the following paragraphs be put in sec G - Other Info - what do you think? Section G/H - other information The Claimant respectfully suggests that special directions may be made as per the attached draft order. The Claimant believes the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously. - The crux upon which this claim rests is the true loss suffered by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the Unfair Terms in Consumer Contracts Regulations 1999 and common law principles established since the early 1900's. - In the event that the Defendant's charges were accepted as being a fee for a service (which is refuted), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982. The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is imcumbent on it to disclose such information. Further, the proposed directions are already routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts. As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour. Many thanks in advance
  14. ZOOTSCOOT thanks so much for all help - just one query... in the Defence to the defendant’s counterclaim for costs, point 1 refers to paragraph 8.1 should this read clause 8.1? Sorry if its a stupid Q!
  15. Thanks for all your help. I hope they do settle before court... its quite funny - the local paper had last week in the financial section a large a artical advising people how to claim back their fees and below that was a weekly article written by and sponsered by the Cumberland Building Soc! Would love to dish the dirt if I ever get chance!
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