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  1. Hi Not sure what advice anyone can give me and sorry it is long winded. Over a year ago my partner and I advertised for a part time admin person and were approached by a recruitment company who had obviously seen us as a possible lead! We are only a small business, but my partner decided to allow the RC to come to our house and discuss if they could help. I was not keen and left it to my partner. The result being she agreed to meet 3 applicants. She did not sign any terms and conditions, nor was she given any at that time, cost was not discussed at any time. An email from the RC asked us to return and sign them but none were attached. We then went away on business for three weeks. However my partner decided to try one applicant and informed the RC by telephone that she could start 4th Jan 2013 for one day a week. (During the time we were away an email was sent with the costs, which my partner did not pick up due to work etc) We then received an invoice for £980 dated 27th December payable immediately. I was a bit shocked by the cost (as was my partner) and was reluctant to pay as I had no idea it would be this much. I wrote and said that i would pay monthly ( as I believed that should she stop working I would not have to keep paying) We sent a payment and also said that no terms etc had been signed and costs agreed. The RC refused and started legal action and during this period the admin person informed us she was going to do her own freelance work and stopped any more work on 2nd April having completed about 6 or 7 days work in total. I received a court claim form etc. I lodged a defence and after agreeing to mediation I was told they had refused that, and a court date was set for October 14th. The RC replied to the defence and I replied to that and sent copies by registered post to the RC and the court. Now a week before the hearing I was given a date 14th October for an operation, that I had been waiting for, two years waiting, that's why I was on a last minute list if a space arose. I emailed the court and informed them of the operation and apologised for the short notice. I did hope that it would be postponed and foolishly said in the email that if they had to hear it in my absence I would understand believing if that happened they would look at my defence. I got an automated response, and heard nothing more and was out of action myself for nearly 2 months. To be fair I did forget all about it until March when I received a letter from a claims management offering to help after the judgement against us. I immediately tried to call the court and could not get through and emailed again on the 5th march asking for details and why we had not been informed of any judgement. Again I had only an automated reply. We then went away for work for another 4 weeks working and just after arriving back had a visit from the High Court enforcement Officer demanding £1908.35 and giving 4 days to pay. I rang the court again and after a fair wait finally got through and was abruptly told that my defence was dismissed and a letter of judgement had been sent out. I have never received any letter of judgement and would have acted if I had done so. I then applied to the High Court for a Stay and the County Court for a hearing to set aside, and was granted both. In my defence I thought I had a good chance of judgement in my favour for the following reasons. 1.The claim and judgement were not made out to our partnership, which they started with originally but in the name of our other business which is similar in name, but is a ltd company that trades under owns a cafe with different premises and registered office (my old accountants who were still listed on the Companies house website. I imagine they may have been sending stuff there mistakenly, and the HCE officers actually told me that they had gone there and were given my home address by them. I did send proof to the RC that it was the wrong company they were claiming against, in the form of separate headed paper and separate cheque books and accounts. We also have separate VAT and HMRC accounts and they are totally different types of business. 2. We never signed any agreement and only saw any terms and conditions when we were given demands for payment. 3. The RC had two of their employees, who were writing to both my home and my previous accountants. 4. The 'admin employee' had ceased any work after hardly any time at all and why should we pay any more than that. 5. There are other points I raised but those were the main defence. today at the Set aside hearing the DJ was not interested in any of this and stated that the original judge had dismissed my defence and any counter claim. I am certain he did not have any of the original documents from my reply to the RCs reply. I believe he was only looking at my application to set aside which had the email informing of my op, and the follow up email. He said 'what does it matter if the Ltd Company had the judgement as opposed to us personally' he also expressed doubt that I had not received the judgement, and I should have known that it had gone ahead in my absence. He was not interested in my email asking what had happened, or any info from the hospital. He would not let me explain anything, and he favoured the RC solicitor and I got quite upset as he would not listen and refused to set aside the judgement and said I should pay the original cost and court costs so about £1150. He also said he would not allow me to appeal without applying for permission. I am really angry and feel that it was already decided before we entered the room. What can I do now. Any help appreciated Jaw
  2. Hi, I put a PPI claim in to the FOS on behalf of my husband October 2010,at the time he was still managing to pay his CC and loan, however it all went belly up in April this year and as I have heard nothing for months from the FOS I'm wondering where it will leave this claim when the HSBC take action against him which from the letters received yesterday could be soon Ro
  3. Good evening, I have to attend court this week as a company that i launched a small claims against has sought to have a judgement set a side. I followed all the steps using the money claim online system, the company filled an acknowledgement of service and then failed to file a defence, they haven't done anything until 36 days after the judgement was issued. One of the lines in their defence letter was that the individual didn't take over the running of the company until a date which they have not entered but they say that the issues i have raised starting 2010 were before they took over the company. However they have been listed as a director since 2006? Has anyone got any advice as to what i should do at the hearing? i have copies of emails detailing all the issues that i have. Also i have paperwork from a 3rd party showing dates that they sent payments which were either delayed by upto 3 weeks or never passed on to me. Any help and or advice would be very welcome. Kev
  4. Hi. I won a CCJ against someone who has now filed a N244 for the judgement to be set aside, for what I think are spurious reasons. Can I respond to this in some way and object to this application? Thanks in advance for your advice.
  5. Hi Everyone, I am after a quick bit of help. I won a CCJ against a company that owes me money for unpaid invoices. I won the case in default because they did not respond. I have found out they are applying to have it set aside on the grounds they did not receive the forms which is a blatant lie. I am a bit confused because they have selected the "without a hearing" option. Obviously I want to object to this at a hearing because I have evidence they did receive the forms. I worry that their application will be granted without chance for me to dispute it. Is there anything I can do? can I send some information/forms to the court? Many thanks!
  6. Hi All, I had bad time with my business in 2004 and eventually it become a court case with HSBC business loan. AT that time I could not deal with any other creditors and in the end, of which all defaulted. A CCJ for over £14k Egg loan made against in 2006 I didn't defend the claim and there was an interim charging order made against our property later a final charging order was registered in 2007. I am paying £40 to DCA for this debt from 2011. I knew it was my mistake and mentally I was not fit. I sent SAR to egg and got a reply but I could not get much information or any court papers. DCA is drydens ltd My question is there anything I can do now? Any advice offered would be greatly appreciated. Thanks in advance. B
  7. Hi all. I'm in a mess. I've been living in the US for almost 7 years now. Had debt in the UK when I left, young and careless. I have no plans to return to the UK as I'm a US citizen now and well settled here. I co-own a house in the UK with 3 siblings, the 4 of us own a quarter each. It's a family house we inherited and they have no interest in ever selling it. Obviously, my share is just a quarter, 25%. I have 3 separate debts, £2082, £8513 and £1182. The CCJs were entered on 14/02/14, 06/12/13 and 20/12/12 respectively. They have also applied for a charging order against the property I partially own. My questions are: Firstly, can I apply to have these CCJs set aside as I have been a permanent resident of the US for the past 7 years. I've only just become aware of these judgments after checking my credit report online. When I left the UK I did inform my financial institutions (Egg and HSBC) that I was moving to the US. Could they force the house to be sold, even though I only own a small share of the property? There is no mortgage on it. Two relatives live in the house that will not be moving for a very long time. I also believe that the two most recent CCJs must have been statute barred as at that point I'd been in the States over 6 & half years and have had no contact and made no payments since I've lived here. What is the best course of action. I've searched and searched and have not been able to find anyone in a similar situation, with a small share of an asset that has no hope of being sold anytime soon.
  8. Hi, After some advice, I unfortunately took out a greenwood personal loan in 2011, The agent filled in the paper work, I signed it and that was it i had the cash given to me there and then. After a few weeks the agent stopped turning up, I called number on the card to state that he had not turned up, they informed me he was under investigation and another agent would be around to collect my money (They did not take card payments then else i would have paid). No agent showed up for the coming 5 weeks; I called the head office again stating the issue and they said that as soon as a new agent is appointed to the area they will be around to collect. (During this time, i had kept the money i was due to pay back). No Agent ever showed, the next thing i know i have a default added to my credit file. Start date: 29/10/2011 Default Date registered: 13/01/2012 I called the customer service department to ask why this had been added given the situation, they explained that they had sent letters to me about the overdue amount, and as i had not responded issued a default. I contested that i had never received such letters etc, It transpires that the 'actual' paper work that was sent off to the office had a false address on it (I live in Cornwall, the paper work had a Devon address on it - which i have never lived at). I had explained that this was false, the customer service agent could not understand why this address was there, or why the agent had set up a loan outside of his 'area' and passed it on to the 'regional manager'. The manager was less than useless; however I had the full balance to pay him as i wanted to get this sorted. Greenwood have stopped correspondence with myself in relation to rectifying the issue. Thankfully, im a little anal about paperwork and I have the following: - original contact. which i have supplied to greenwood (They have dismissed it saying this does not match theirs. ). - A copy of the statement i gave to the regional manager. - Receipt for final payment. - List of all calls made to them (BT Supplied me with this). The only thing i do not have is a "Request to call" which apparently is required by doorstep lenders? (Never signed one) I've asked them that they update there records, as i believe that the default was added in error, they are refusing because "they are within there rights to update CRA about defaulted accounts" So my question is, Where do i go from here as this has been going on to long and i feel they should have resolved this in that time.
  9. Hi all, I am owed money by a client and she is "declining" to pay. The payment was due three months ago and although there is a signed contract they are refusing to pay up. I want to take them to Court, but they are playing silly buggers and as they go in and out of the country I am concerned that they will get any judgment against them set aside on the basis that they were not here to defend it. (I know I can fight the set aside, but this is dragging on forever. ) So far she has had the Letter Before Claim, which she replied to by email on the last day specified in my letter and was arguing again that she didn't want to pay. I therefore replied by email immediately that we would leave it to a judge to decide and I specifically asked her if she was going to be in the country for the next 21 days, because I know she often takes trips at this time of year. I asked if the Claim could be sent to her lawyer if she was going to be away. I received no reply. One week later I emailed her lawyer who responded a few days after that to say that the client was out of the country until at least the middle of October. Of course I have no means of knowing when she actually left the country because I wasn't told she had gone until almost two weeks' after I had asked that question. The lawyer said that the client wanted the claim to be sent to her personally, rather than to the lawyer, and this of course delayed things further. Last week I emailed the client again who responded yesterday to say she had been out of the country with no email access (which I don't believe). I emailed back immediately and asked if she was planning any further trips and of course there has been no reply. It's a simple enough question but again she's ignoring it. Obviously if I don't hear by the end of the week I'll email the lawyer again and if she's on yet another trip with an open-ended return ticket everything will be delayed yet again. I would like your opinion. I think it is blatantly obvious that these are all delaying tactics. Do you think a judge would agree? Wouldn't anyone who thought their Defence was good want to get on with it? I would. Also, can I make any statement in the original claim about the delaying tactics? Her reason for not paying, by the way, is because there are certain terms in the contract which state that I will, on the client's instructions, undertake various services. It's quite clear that a client may or may not wish me to provide these services. She did not want me to undertake the services, which I was willing and able to do, saying she was happy to handle these matters on her own. Now she says because of this she does not have to pay me. CPR 3.9 states that an application for relief must be supported by evidence. If I issue a claim and she argues that she was out of the country and could not defend, can I persuade the judge that she must produce her passport. Also, can the email correspondence about her travels be used as evidence to show that she was aware of a pending claim, and could have instructed her lawyers, but chose not to, and completely ignores direct questions about when she will be around. Any thoughts would be very gratefully received. I am absolutely sick of this. DD
  10. Hi there, thought I had posted this but it appears to have disappeared? Anyway, hope you can help. In March 2010, my employer advised me that for the second time in my employment with them, they had made a mistake and overpaid me for 2 years. (I had repaid the first overpayment which happened when I returned from maternity leave and changed my hours). This time, the overpayment was around £4K. I had adjusted my working hours for childcare reasons and had only dropped a couple of hours so didn't expect to see much of a change in salary. Further to that, I had received a pay rise so didn't notice the overpayment. Then in June 2010, they advised me that they had made a further mistake and the debt was now nearer £5k!. I agreed to repay £50 a month which they took as a gross repayment and I repayed £950 before taking redundancy. This worked out around £32 per month net. On leaving work, I went to college to re-train and therefore had no salary. I entered into discussions with my ex-employer who were demanding £60 per month net. I explained that I felt it was unreasonable for them to demand repayments that were double what they had accepted while I was in employment when I was not earning. I made an offer of £20 per month which they rejected demanding £30 which again I disputed saying that they could not expect me to pay the same amount of money that I had when I was employed when my circumstances had changed so dramatically. (The problem is that I cannot find this e-mail anywhere - a number got lost when I moved from BT internet to gmail). I heard nothing then until a letter came saying they were taking me to court; which I am embarrassed to say that I ignored. I have now had a letter saying a CCJ has been registered against me and if I do not pay by 28 March, they will commence legal enforcement. I work as an actor now but I have no regular income and am currently not working other than some casual front of house work at a local theatre but there is no guarantee that I will have regular work. My husband has an income so I am not entitled to any benefits but things are not good between us and I do not receive money from him as he pays all the household bills, mortgage and food etc. I don't know whether to just start paying them the £20 a month I originally offered or to apply to the court to get the judgement set aside. Can anyone advise me please?
  11. I got a MCOL default judgement against a company and they have applied for set aside. I know they can't be claiming they didn't receive the claim because they phoned the court as soon as they got the judgement and claimed they had responded in time. I've got a one liner from the court just saying it's been transferred to my local court for a set aside hearing and I'll be informed of further details in due course. I have no idea how the process works at this stage so I'd be really grateful if someone could answer the following - and let me know anything I've failed to ask I thought a set aside hearing would be in the defendant's local court. Is it normal for it to be transferred to the plaintiff's? Is the excuse that their response was lost in the post a reason for set aside? Do you have to give a reason or do you just pay your money and the process starts? Does the plaintiff get invited to a set aside hearing and if so would it be wise to turn up with all our evidence as it may turn into the actual case being heard?
  12. I have (had) an excellent credit rating and have a job that would be affected I think by having a CCJ. My mum bought a property 15 years ago and put in my name but she continued to live in it, we had a deed of trust saying she was responsible for all the bills, and all bills were in her name, She passed away at the end of 2012 and I was her executor, I looked at all her papers and contacted all the relevant parties, utilities, council tax etc to let them know my details and that I was now responsible for bills. The property was a flat and there is a managing agent, I told them my details. However I didn't realise that ground rent is collected by a separate company and did not contact the agent for the freeholder (my mistake). 6 month after my mum died I let the property out, the tenants said they'd pass on any post after that time. As the ground rent is only due every year and had been paid just before my mum died, no letters about the ground rent arrived before the tenants moved in. Today the tenant contacted me with a letter she opened as it was addressed to the occupier, it transpires the ground rent of fifty quid was due in October 2013 and as it has not been paid, the landlord got a CCJ in January! The tenant said a few letters had come in the last few months but she'd just put them aside for me for next time I came round. I had no idea this money was due, I thoughtI had faithfully notified all possible third parties of my details when my mum passed. I am willing to pay the full amount due including all the added costs and charges (which seem fairly reasonable for solicitors, the total is now about £ 250), however I am desperate to have the judgment removed from my credit rating. As the judgment was more than 28 days ago apparently even if paid in full it will stay on my credit file for 6 years. I spoke to the solicitors today and they say as they served on my last known address (and checked the land registry, property in my name, no other address for service) that unless they have done something wrong, the court is likely to refuse even an agreement to set the CCJ aside as the the judgment was correctly obtained. Apparently the solicitors have been refused consent orders to set aside in similar circumstances as an attempt to "credit whitewash" so they say there is nothing they can do to help me with regards to my credit rating even if I pay in full now. My credit rating is ruined for missing a one off payment of 50 quid that was less than 3 months overdue when the judgment was obtained! The ground rent of 50 quid per year was due a year in advance so the rent period it covers hasnt even expired yet (ends Oct 2014). The only thing I can see possibly wrong with what they did is that I think they may have claimed for a letter they didn't send, they sent me copies of all correspondence today and I can't see in that correspondence a reminder letter they claimed 45 quid for. They may have just forgotten to scan and send it to me but I've asked them to check. Would a wrong amount claimed for be a ground to set aside? I haven't yet got a copy of the claim form as I apparently need to ask the court for that, although tenant is now sending me all the post (!!!) If I explained the circumstances to the court in an application to set aside, i.e. genuinely thought had notified of address, but they obtained CcJ so quickly did not have time to collect my post, do you think I have any chance? Please please can anyone help with any ideas of what to do now. Many thanks in advance.
  13. I have a hearing on Tuesday for a set aside for a CCJ from a company called Westcot. They applied for A CCJ last year that I only noticed on my credit report earlier this year. The CCJ was recorded at my old address which I moved out of 6 years ago. My defence is that I never received any paperwork, no court letters or default notices from the original creditor who are called Provident and also that they had access to my credit file so would have known that I moved as my new address had been showing for some time as has my registration on the E Roll. I haven't had time to SAR provident to obtain information so I have nothing pertaining to the debt orthe agreement. Just wanted some advice as to what to expect as I am really nervous I was just going to turn up on my own, no solicitor but don;t know what I need to take to prepare and what questions may I be asked to answer? Will the court look at me less favourably for having the debt? Or will the fact remain that I hadn't received anything?
  14. Royal Bank of Scotland is expected to reveal plans to pull out of up to 20 countries this week as it unveils losses of as much as £8bn. According to the Sunday Times, new chief executive Ross McEwan is set to launch a five-year cost saving programme, called Project Cook, which is expected to save the bank up to £3bn a year. More: http://www.mortgagestrategy.co.uk/news-and-analysis/mortgages/rbs-to-pull-out-of-up-to-20-countries-and-set-to-post-8bn-loss/2007050.article
  15. Hello Forum! this is my first post so here goes. My student account was recently changed to a graduate account in august 2013. last month 16 November - 15 December i went over drawn 4 times. 25 nov - £28.83 4 Dec - £64.76 11 Dec - £140.32 12 Dec - £187 each time incurring a charge of £25. I was not aware that these charges would be taking place until i received a letter notifying me that on 6th january they will be taking £100 from my account. after calling HSBC they notified me that since this letter went out i have received a further £150 in charges for exceeding my overdraft. bringing us to a total of £250 over the next two months. any advice on how to contest the charges? i realise i didn't read the changes in terms of my bank account with hsbc upon graduation but feel these fees are far too high for what i went over. in most cases for a day or two. i am currently only employed part-time whilst i set up my own self employed business and fear that these charges will be crippling to me moving forwards in the new year. ------------------------ after speaking to hsbc on the phone further, they have agreed to not charge me any interest on the account untill february when they expect me to be back within my overdraft limit including paying charges. as a goodwill gesture they waived £50 from the second months charges. leaving me £200 out of pocket................... suggestions welcome!!! many thanks
  16. Hi All , I have just received a statutory demand from Lovell via BW legal stating that they have bought a debt from Lloyd bank . I have always denied owing this amount to Lloyds(£3000) and asked them to take me to court to argue it . this so called debt incurred as they decided to cancel my overdraft . I came to an agreement to reduce the overdraft by £50 per month initially and was managing fine , then they changed the rate of repayment to £100 per month which I could not manage and assigned some ludicrous amounts in overdraft excess fees to my account and debited these even if it meant I would be over the limit but did not hesitate to reject direct debit for mortgage or utilities (I was at the time receiving family and child tax credit.) i have been reading the forum and need some help with the following points . What is caa and who do I send it to ? does anyone know if the Lloyds compliance department is still in Chatham and is it the best address to send the SAR.? finally , I will need general help on how to proceed as I am well out of my depth Many thanks for your understanding Remi
  17. Hi all, Very long story short - I received a CCJ as the claimant sent the forms to the incorrect address. This was paid within a month of the judgement - however I was not sure whether it was within a month or not. So as I was applying for a new mortgage in the short term, I applied for it to be marked as satisfied, but also took action to have it set aside. The court took their time after supplying the information to set aside, but then I phoned the court to tell them that I wanted to cease the action to set the CCJ aside, as it was no longer applicable. They asked me to email them - I did. I have proof of this. However, despite this the hearing went ahead. The judgement went against me (surprise surprise) and the lawyer representing the claimant have claimed expenses of 2,000. (I only received their statement of charges and their defence the day after the hearing). I wrote to the court and complained. No answer after 13 working days. I wrote to the senior manager and today I have received the same piece of paper as after the first hearing indicating that the judge orders me to pay the costs - but with one change - the date and the phrase updated. Can anybody help in outlining what I can do next? Thanks.
  18. I have been reading through some of the posts and I must say you are all so helpful. I wonder if someone could help me please. I owe £4k to Birmingham Midshires in arrears for my mortgage. A suspended possession order was taken out in January this year. I was working but in April the contract came to an end - my Father also became ill and 10 days later he passed away. I was not in right frame of mind through the summer months to find work etc. I told BM this and kept them involved as to what was happening. I am now back at work - as soon as I told BM this they executed the SPA and evicition is meant to be happening next Wednesday 21st November. I have been dealing with their solicitors Drydens Fairfax. A few weeks ago (before they sent notice) I sent an income and expenditure form offering them the monthly payment plus £200 per month - this was rejected and was served with the eviction notice. Drydens said that they would stop the warrant if I paid £1254 in a lump sum - I just havent got that sort of money until I get paid with my first wages on 25 Nov. I spoke to Bailiff at the court and she was very helpful - said that I should apply for an SPA because the mortgage company should have accepted my new offer and as I am working have a change of circumstances etc. I applied with the N244 notice yesterday and have been giving a hearing date of 20 Nov at 10am - day before the eviction. What are my chances do you think? Do you think the courts will be on my side? I am so scared. I have a 7 year old daughter and just dont know what to do if I lose the flat. If it is denied - will I still be evicted on the 21st? Any help or advice would be much appreciated.
  19. Hello. I am currently in an IVA (4th year now) I have recently opened a basic account with the new TSB. One of my creditors is Lloyds. My wages have not been paid in yet. I am wondering if my money will be safe there now that the bank is now a separate bank within Lloyds until next year. Their (TSBs) new terms and conditions state that the offset right will no longer apply to accounts outside TSB and vice versa. Does anyone know if this is correct and if my money will be safe. Thanks.
  20. I think I am right in thinking that you cannot place a claim in advance for JSA, fairly sure of that ... (?) but if someone is moving area and knows the date they will be moving in to their new home are they able to place a claim for housing benefit from that moving date giving the date in advance? Reason being someone I know is due to move in 2 weeks and has the money for the deposit and rent in advance for the first months rent but then will have no money at all for the next months rent so we are worried that the housing benefit will not be processed in time for it to have started arriving in time for them to pay the second months rent and thought if the claim could be placed in advance of the move it would give the LA more time to process things and the money would more likely to be sorted in time for the rent. Thank you.
  21. Hello all! My question is, if I make a claim for PPI against a credit card that I defaulted on back in 2006, that is still with the OC, are there any arguments that can be raised to prevent them off-setting any settlement sum against the outstanding debt? I haven't paid or acknowledged the debt by the way. All thoughts appreciated! Figgydoody.
  22. Read the small print: Credit card user sets his own limit – then sues bank for closing account Dmitry Argarkov, 42, scanned the agreement into his computer, changed the terms of the contract and returned it to the lender... and they failed to notice Always read the small print. It’s a rule most of know and most of us ignore – and one often thrown back at borrowers by banks facing complaints about their terms and conditions. Dmitry Argarkov, a Russian who was sent an unsolicited letter offering him a credit card, has turned the tables, however, and struck a blow for bank customers everywhere. Instead of simply ignoring the offer of credit, Mr Argarkov, 42, scanned the agreement into his computer, changed the terms of the contract and returned it to the lender, Tinkoff Credit Systems. According to the Russia Today news channel, his version of the agreement was rather more favourable than that he received from the bank. It had an unlimited line of credit, no fees and a 0 per cent interest rate. He also added a provision stating that the customer “is not obliged to pay any fees and charges imposed by bank tariffs”, and an extra clause to the contract should the bank seek to break or change the agreement. Crucially, when the document was returned to the Russian credit card provider, it failed to follow its own instructions and did not check the small print. Tinkoff Credit Systems sent him his credit card, which came with a credit limit large enough for Mr Argarkov to purchase a small island. “The bank confirmed its agreement to the client’s terms and sent him a credit card and a copy of the approved application form,” Mr Argarkov’s lawyer, Dmitry Mikhalevich, told the Russian newspaper Kommersant. “The opened credit line was unlimited. He could afford to buy an island somewhere in Malaysia, and the bank would have to pay for it by law.” Mr Agarkov, from the western city of Voronezh, also changed an internet address included in the document relating to the bank’s website, where the terms and conditions of the contract could be viewed. After two years of use, the bank attempted to terminate Mr Agarkov’s credit card in 2010 because he was late paying the minimum required amounts. It tried to sue Mr Argakov for 45,000 rubles (£880), which was made up of the remaining balance of the account, along with fees and late-payment charges that were not in his altered version of the contract. Earlier this week, a Russian court backed Mr Argarkov and ordered him to pay only the outstanding balance of 19,000 rubles (£371). “They [the bank] signed the documents without looking. They said what usually their borrowers say in court: ‘We have not read it’,” said the judge. Not content with winning his day in court, Mr Argarkov is now taking matters further and trying to sue Tinkoff Credit Systems for 24 million rubles (£470,000) over its failure to honour the contract he created. For its part, the bank is counter-suing Mr Argakov for alleged fraud. Oleg Tinkov, the founder of Tinkoff Credit Systems, tweeted: “Our lawyers think he is going to get not 24 million rubles but four years in prison for fraud. Now it’s a matter of principle. We don’t have small print, everything is clear and transparent. Try to open a card – then we’ll talk. Stealing is a sin. Not all in Russia think so.” The court is set to review Mr Argakov’s case next month. http://www.independent.co.uk/news/world/europe/read-the-small-print-credit-card-user-sets-his-own-limit--then-sues-bank-for-closing-account-8753602.html
  23. http://www.dnaindia.com/money/1905975/report-jp-morgan-set-for-13-billion-dollar-fine-over-risky-mortgage-backed-securities
  24. http://www.bbc.co.uk/news/business-23791252
  25. I had a set aside hearing last year, which took all of 30 secs for the Judge to grant (DCA used previous address trick, judge wasn't happy with the 100+ letters from the claimant to my current address and duly awarded me full costs ) judge didn't order them to refile claim, although I am aware they can whether or not the judge orders it. move on year, they have now rerepresented the claim. My question is does this claim go exactly back to beginning ? i.e. I do acknoweldgement of service, plus time to file a defence etc, etc ? the reason why I ask, I havn't been sent the original (or a new one) claim, and the refiling of the claim has come from a judge. The letter states "IT IS ORDERED THAT the defendant do file and serve a defence by xx on XX/XX/XX" does this mean I have to whack in the full defence by xx/xx/xx?
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