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    • Dear All,   BN - Thank you for your comments.    My wife had prepared the relevant notice to the court and rather than spending time redacting I am sending it as PM to the contributors to this thread. It covers everything we have been discussing and is in line with  your comments and our discussions.   For the benefit of readers oif CAG I will redact and post it later as we have pressing family medical matters to attend to.    Warm regards BF  
    • Maybe have a third chamber, The Peoples' House 😃
    • Thanks for the images. It's shocking. This more than ever reinforces my view that you should take this to court. The number of people they must be fobbing off with this three months story is incredible – and they need pulling into line. If you simply complain to the CEO then they may sort out your problems – but the rest of it will go on as usual. They need something very serious here. In fact, I would think about suing them for £200 because I think that once they realise about the mistake they are making, they will be extremely anxious not to go to court. On the basis of this, I'm afraid I don't think I would even alert the CEO. I would send a letter of claim which will probably simply be seen by drones – and then issue the papers. I think you have an easy win on this case. Also, once they realise that they are dealing with a court case, they will look at the whole situation more carefully and they will probably sort out all of the problems at the same time. If they don't, then these two have laid down your marker and they will know that you're not mucking around and they will take you seriously.
    • These are the two incidents from Virgin Chat where their Live chat has informed me of the 'only 3 months' decision.... 15 April was the date they acknowledged receipt of my SAR. Apparently anything from before that date can't be included!
    • You could try both routes at the same time. Send your letter of claim by email to the CEO email address. Confirmed by letter. That way you have communicated with the CEO – but given a very definite deadline and a very definite promise as to what will happen if they don't comply. Then on day 15 sent the claim. Don't make a threat of legal action if you don't intend to carry it out. Don't bluff – but it is very easy to do
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Eversheds County Court Paperwork / **SUCCESS**


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All posted, the letter and costs claim to eversheds and the pre trial check list to the courts, i will update when i receive anything.

 

Fingers crossed they'll reply its an admin error and discontinue forthwith.

 

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lets hope so, even if they dont discontinue they still haven't filed a WS or completed the pre trial check list, so they are not covering themselves in any glory with the courts

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lets hope so, even if they dont discontinue they still haven't filed a WS or completed the pre trial check list, so they are not covering themselves in any glory with the courts

 

All of which will be ignored and they'll be given more time to do so.

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Yep, hit them big!

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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sounds about right, but as they havent got a WS in yet, im expecting them to get the NOD to the courts, just in their own time!!

 

All of which will be ignored and they'll be given more time to do so.
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still no reply from eversheds, but the courts have confirmed they have received the discontinuation notice, so in the words of th woman i spoke to 'i no longer need to worry about it', well until they try and come knocking again that is!!, is it worth chasing eversheds regarding the exopenses and more importantly the letter saying they wont chase me for the money?? or should i give it a few more days??

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Well, theyve wasted your valuable time. Get working on the wasted costs, youre allowed £9.25 I think per hour, plus all that ink etc etc.

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rec'd a letter from eversheds today thanking me for my letter and saying they have passed it to their client, how long should i wait for a response?

Edited by goonerhenry
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It depends on how much you want your other requests (apart from costs) to be met. As I understand the rules on discontinuance (and I'm learning new things every day), there is no time limit on when you can go to court to settle costs. So if they don't agree to your Bill of Costs, you can still make an application for costs.

However, I think you only have 28 days from receipt of the Notice to file an objection with the court. After that time, the Discontinuance stands with effect from the date of service (12 June in your case I think?).

If they haven't agreed in writing not to take further action or pass any debt on to a third party, then you are stuck. Personally, I wouldn't trust Arrow Global not to take any further action, but I stress that is my opinion. Another Cagger has just posted that Arrow Global have taken the claim back from Cope's, taken the claim 'in-house' and issued a statutory demand bringing with it the possibility of bankruptcy. Admittedly, I don't think that case had got to court and I would have thought that a judge would dismiss a SD if you could produce a Notice of Discontinuance for the same debt. But you would have to go through the process of getting the SD set aside. I wouldn't trust Arrow not to have another tactic up their sleeve.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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gh

 

In view of the tight timescale, it might be worth calling the solicitors to chase, rather than writing. Otherwise you could find if they reply at all, you are out of time.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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was thinking that but liked the idea of it being in writing as they could say one thing and do another, surely the courts would look at the fact that they didnt receive the NOA until last week??

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Quite true, but at least you might get an idea of what stage they are at or whether they are just dragging their heels so you run out of time.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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im being fobbed off by eversheds, they are saying the person i need to speak to isnt avaliable, what am i best to do, am i best to get something in writing to them?

 

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