Hi muggins hun ;-) just wanted to catch up and see how ya doing ? havnt been around here for ages now and im just trying to catch since the tide has slowly started to turn again. Time to continue with my various cases again me thinks (been on hold for nearly a year). Johnny

slides over and sits down next to corn.... hey hun i see your thread has grown a lil bit since i was last here

Hi Photoman, i havnt had chance to fully read the last 7 pages i have missed, but i will when i get chance. Just wanted to say im around again after a lil sabatical ;-) looks like progress is being made though, catch up with you soon mate Johnny

Hi Paul just wanted to say hi as i havnt been around for a while, but im watching with some interest the developements as they unfold ;-) Johnny

Hi all sorry for being away for ages i have been so very busy, but hey im back and back on track with my various claims. I have received several offers from MBNA over the last 8 weeks or so. I just returned them with thanks but no thanks, i would rather go to court. My PoC is done and dusted and about to be submitted to court, though im not going to post it here just yet, for several reasons which will become clear over the next few weeks. But i will post it when the time is right and maybe it may help a few of you. I have been lucky enough to have the benefit of a law lecturer of a dad and a solicitor for a business partner, so between them i have received alot of help and advice. Im doing something slightly risky in court which i wont bore you all with, or risk somebody else copying me and then failing. This really isnt about the money for me its pure principle, but i realise some of you may be relying on your money. So im going to take a few chances in court and see what happens, i have nothing to lose really, well ok maybe i do but im doing it anyway. I'll keep you all posted Muhaha Johnny

Hi muggins my lil babe ;-) sorry i been away for so long....man i been busy it looks like you have too, i have much to catch up on huh, i had to put my claims on hold for the most part due to several things really, but all is back on track now i have time again. I'll catch up with you over the next few days hun, just wanted to say hi and im rooting for ya Johnny

Thought id show my face in here seeing as i started this thread ;-) a lots been happening over the last few weeks though shouldnt really mention too much, havnt really had time to catch up properley yet as i have been absent from CAG for ages. I will report back in due course with my recent findings. Best of luck to one and all Muhahaha Johnny

Just about to file my MBNA claim (N1) for a case of charges and mis-sold PPI, which totals about £3000, though with the CI, costs, aggravated, exemplory damages and costs it comes in at about £12500 Lets see how MBNA take this news

Paul, lol, things do seem to be getting quite interesting dont they. cant wait to find out whats behind it all, though at this point i think you may be better off playing your hand quite close to your chest, as the element of surprise is often the far better attack. A solicitor should serve you very well here and should guide you all the way to the bank so to speak. IMHO i would stay well away from (ahhh hmmm ****** journalists as is my experience they only ever want one thing and thats very usually not your best interests) maybe after the case has been heard perhaps a little exposure wouldnt go amiss Best of luck and keep us posted Johnny

@ that Corn...thats funny

round and about hun ha been mega busy of late, with this that and the other you know how it is sometimes. Been neglecting my CAG time though, and my court claims. Really gotta get on the case with this now as MBNA are going to get it good style if they do turn up in court, they are claiming no responsibility on the PPI side, but i have decided to make just one claim (charges and PPI) all together and see what happens. I know that may well mean that if it goes to AQ, then it may get fast tracked, but im willing to take that risk. Not only that i think if i keep the claim together then i stand alot more chance of getting paid on the PPI without argument. But time will tell hun, the claim is now around the 12k mark :o i'll keep you posted with any updates, hope all is well with you Johnny

been in recent correspondance with the Halifax, and even though i requested specifically not to do this, i received a letter from them saying they are willing to pay me £600, and they will be paying this directly into my account within 14 days whether or not i like it. I cant believe they are trying to do me like this lol did they read anything sent to them ? ahh well i have sent a letter back stating that i do not acknowledge this some of money as payment, and if they want to make payment on the issue at hand, then they must do so by cheque and cheque only, as previously stated. It seems i getting offers left right and centre over the last few weeks.

it seems Rachel Claridge just keeps on ignoring everything and everyone, does she really exist i wonder. Every letter i receive is not actually signed by her, its just a copied signature at the bottom, probably written by some office junior. well she sent me a cheque for £530 saying it was in full and final payment, and it was purely goodwill... MBNA i am gong to crucify you in court very soon, with costs and damages, CI and fees we are looking in the region of £12k, so im sure Ms Rachel Claridge you would have been much better off paying when i first asked.

Well done Michael to be honest i personally didnt think you would get too much trouble (atleast in court) from them. Its all a game of poker mate, you must have had a really blank expression still wish you had pushed on the CI but under the circumstances, well played and enjoy it. Regards Johnny

interesting read, like his views on damages lol

Bong, how did you find that out ?

troubled yes it would be a good idea to do that, and like it says under CPR in the small claims, the judge has to make the order under CPR18 ie order you to be more specific. This is another area altogether but i really think the standard template PoC that can be found on this site, should be tightened up a little, specifically for this reason. The POC's are slightly ambiguous and from the defences point of view leave alot to be desired, but thats beside the point. What matters is you get your sons claim done and dusted without anymore stress for any of you, this should be a fairly easy process with hardly any stress if done by the book. so to recap, copy the letter above and personally i would go back over your PoC (particulars of claim) and look for anything that looks slightly ambiguous. (things like im using UTCRR but not saying why, when or where and what term ect) tighten the poc up and send everything back to the defence and leave it in their hands. Hopefully not long after you should receive an offer from them, as to be honest they are only playing the waiting game and they know that in due course they will have to pay. best of luck

barclays first things first, im not sure where your at in terms of legal and general civil procedures but one thing you should know to start with is this. The small claims track can only deal with claims under £5000, anything above and beyond this can be dealt with in the small claims by mutual agreement under CPR (civil procedure rules) but barclays almost certainly wont agree to this, knowing that this will not only hinder your claim but also cause you significant higher costs. Secondly DO NOT go to a solicitor (lawyer is an american term ) you can handle this yourself if you take your time and follow strict guidelines. Straight off the bat i would consider spliting your claim in two, one laim for general penalty charges and another for damages (exemplory and aggravated) for significant inconvenience caused during your trip abroad. Personally i would not hold too much hope initially on the damages claim, however i think with a well worded PoC, and a good poker face you may well get somewhere. On the charges aspect the N1 should be fairly straight forward, personally i would recommend doing a bit of your own research and writing your own particulars, not that im knocking the CAG template PoC (well a little) but i for one like to be different and go that extra mile in my work. So spend some time looking into the law, civil procedures, consumer law and rules, the bank protocols in defence ect. It has taken me three months to put my PoC together and in that i am claiming damages and compensation. Some may argue this is wrong or that going down this route may cause some problem, but thats something i am willing to risk, as to be honest the money doesnt matter to me. Im only doing this to try and publicl humiliate the banks, and im using damages as a tool of leverage to force them into court. I cant give you a quick fix my friend, and even if i copied you out a decent PoC, without your own knowledge of whats what, you may well fall at the first hurdle if indeed you needed to argue these points in court. Having said that if you need a little extra help along the way just give me a shout. My methods are not strictly orthodox to CAG and as i said many frown on some of my aproaches. best of luck

IMHO i think a very simple and straight forward way round this is to make a very complete and detailed PoC, thus the defence cannot then apply part 18 to the claim. This will serve two purposes, one it will speed things up and two save the claimant alot of stress.

cobbett slayer, if a DJ had made a ruling, then surely the costs would have already been disclosed thus giving the judge the chance to make the ruling. If you are suggesting that the defence would even dream of trying to take the subject to appeal and thus a higher court, and thus finally nailing them to the wall once and for all, then i really cant see them being so foolish can you ? but for a judge to make judgement in the first place he must have had the chance to see the proof of the charges and the breakdown of said charges, personally if the bank ever let things go this far, IMHO i think they would leave very quietly by the back door, without a murmour.

civil courts are not generaly precedent settings courts, however due to the simple fact that the whole issue of bank charges has become so big, if a DJ in a small claims court did finally get the chance to rule on this issue, then it would almost certainly make the tabloids and in a roundabout way set a huge precedent ! Every DJ in the land would then here about it, every reporter would want the story, the oft would make comment, the fso would make comment, any judge from that point onwards would have it in their minds from then on that a ruling has been made..and in my opinion woud follow suit each and every time. precedent ?

meagain, not going to go into it any further, but put simply i think your thoughts on confidentiality are not correct.

meagain sorry but i agree with Tanz, and with several instances i can personally recall i have prior knowledge of uch processes. for example on two occasions i have had problems iwth mobile phone companies (dodgy handsets ect) and had big problems getting them replaced for whatever reason, letters, threats of court action ect ect and in the end either got a new one or got a full payment as compensation, neither of these required confidentiality clauses. I pursue a very small charge with the same company (less than £100 and they demand confidentiality). My father inlaw dies from cancer (hospitals fault) they pay out huge, out of court...no confidentiality. you cannot fabricate a claim and expect a company to pay out, generally ALL companies will defend in court, no matter what the cost, if and only if they believe they are in the right. If they know they are in the wrong, then they pay out of court and ask for confidentiality. The whole excuse about a commercial decision and it would be too costly for them to defend is utter rubbish. If they thought for one minute they had a good case they would defend and pay thousands to do so. i believe asking for confidentiality is in effect admitting liability, and a weak attempt at damage limitation. IMHO

photo good luck, BTW are you expecting any particular track to be allocated, or are you asking for mutual small smalls agreement ?

muggins, awww its not gonna take that long hun im sure