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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

TBI Claimform - old HFC Credit card Debt - **WON** - default notice fee but NO default produced

Canaan

By Canaan
in Legal Successes

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foolishgirl

foolishgirl

Posted
Posted

For info - the link to wasted costs order, Canaan. There is no fee to pay. You will need to amend the letter to suit your particular case.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Canaan

Canaan

Posted
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Posted
:D:D:D Can't believe it. Your ole DJ may have been confused by the details of the CCA but TG he knew about default notices!

 

He did say that he had spent time that morning reading my defence and looking up the relevant rules and regs.:)

 

Would have loved to have been a fly on the sol's offices walls when she repeated her experience to her boss. Serves them jolly well right - they should have had the right docs. before even sending you an LBA.

 

The Sol was not the one who wrote the witness statement but that and the attached letters was all she had to go by, she was actually quite plesant and said well done at the end!

 

Re. costs Canaan, don't worry you can write in to the court. I'll look out a template for you.

 

Thanks FG, I have it now.

 

And don't forget before you take a glass to ask a mod to change your thread title to 'SUCCESS'. Yeah! :)

 

Too late, on my second glass :p I will click the triangle then and get it moved :D

Canaan

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supasnooper

supasnooper

Posted
Posted

Hi Canaan,

 

I'm sorry that I haven't been on here much over the weekend and didn't get to wish you luck for today but reading through your post you didn't need it.

 

Congratulations and well done - a brilliant result.

 

And don't forget those costs !

 

I'm sure you're enjoying a third glass by now.

 

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foolishgirl

foolishgirl

Posted
Posted

'He did say that he had spent time that morning reading my defence and looking up the relevant rules and regs.:)'

 

'The Sol was not the one who wrote the witness statement but that and the attached letters was all she had to go by, she was actually quite plesant and said well done at the end!'

 

 

How nice to see that some DJs actually take their job responsibly & that some sols. have the decency to give credit where it's deserved. It restores one's faith in our system of justice. When it works, it's good, when it doesn't it's horrid.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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citizenB

citizenB

Posted
Posted
Well!! What can I say! The case was dismissed! :D will post details once I grab a cuppa and calm down a bit!!!!

 

Canaan

 

Yiphee, yiphee, yiphee!!

 

36_2_68.gif

 

 

 

 

Congratulations Canaan!

 

Couldnt find one of my own FG, so I borrowed yours :D:lol: Well done Canaan, I do so hope surfaceagentx20 gets to see this. You put a lot of effort into this, a well deserved win. :)

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Canaan

Canaan

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LOL Thanks Cit B,

 

I am having real trouble converting the wasted costs letter to one from a defendant rather than one from a claimant. Should I use the same harsh tone in my letter? I guess that I need to put that I am claiming wasted costs beause the claimant went ahead without the correct documents???

I will take another look tomorrow evening.

 

Back to the wine for now :wink:

Canaan

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creditcardmug

creditcardmug

Posted
Posted

Adding my congrats too....x20 did an excellent post on wasted costs as well, ill try to find it, unless anyone else has the link...it was something to do with Arrow Global.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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caro

caro

Posted
Posted

They took you to court without evidence to prove their claim wasting your time and money, as well as the courts. And by the way -

 

 

WOOHOOOOOO!!!!!!

Well done!!!!!

congratulations0an8.jpg

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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foolishgirl

foolishgirl

Posted
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Couldnt find one of my own FG, so I borrowed yours :D:lol: Well done Canaan, I do so hope surfaceagentx20 gets to see this. You put a lot of effort into this, a well deserved win. :)

 

That's OK, CB. Sounds good however you put it.

 

Here, here to surfaceagent & also the other legals & site team etc. who put in such valuable posts that Canaan has not been slow to acknowledge. :-)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Canaan

Canaan

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VERY WELL DONE... it's a great feeling when the other side is made to feel silly in court.

Make sure you keep hold of all the documentation as they may try again later (seems to be happening more often now so I've been informed).

 

Thanks Sillygirl. If they do find a default notice they still have to prove that they sent it to me. Also their CCA is complete pants so they would loose on that too.

 

Canaan

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Canaan

Canaan

Posted
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Well Done canaan,

Was your case just based on the claimaint not having the default letter in court on the day ?

Womble

 

Thanks Womble.

My defence mainly dealt with the lack of a proper executed agreement, but the judge obviously looked at my defence and decided that it was the default issue that was more important and relevant. I had requested the default notice along with the agreement repeatedly, the agreement appeared after my original defence was submitted but they never sent me a copy of the default notice, nor did they have it with them today. The judge did all the work today, as I said in my post below about the day I only said good afternoon and thank you :lol:

Canaan

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Canaan

Canaan

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Yiphee, yiphee, yiphee!!

 

36_2_68.gif

 

 

Didn't I tell you it's better than sex?!! - now you know what I meant.

 

 

Congratulations Canaan!

 

 

You know....as sad as it is to have to admit it.....YOU ARE RIGHT :lol:

Canaan

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foolishgirl

foolishgirl

Posted
Posted
You know....as sad as it is to have to admit it.....YOU ARE RIGHT :lol:

Canaan

 

 

and chocolate.....!! :D:D:D

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Josie8

Josie8

Posted
Posted

congratulations

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Muffintop

Muffintop

Posted
Posted

really really chuffed for your success.inspiring.

muffintop

Won Nationwide £900 and £1908 Bank Charges

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if I help you tip my little scales it gives me a thrill. MT

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Having_A_Knightmare

Having_A_Knightmare

Posted
Posted

This is a great result well done!!!!!!!!!!

Its grear when then DJ on your side!

 

HAK

Click here for great help:razz:

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

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