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    • Thanks a lot for all the advices and especially the letter template FTMDave!  It really means a lot.   They indeed came back Thursday evening and I did open door that time.  As expected they demanded payment of full amount and I flatly refused.  Then they back tracked and asked me how much their work is worth.  I said that I cannot possibly answer that question until they provide me with a detailed list of work and materials used, and any other evidences of work that has been carried out.  I also told them that I consulted trading standards and it is their advice to me that I should not make payments right now until the pending questions have been answered.   They don't have any photo evidences of the work they carried out and refused to produce any guarantee documents unless I make full payment.  They also back tracked on their claim that they have replaced 41 top slates (claimed to be 40 pounds each), and stated that they just repaired it and 1600 pounds in cost is the in the materials.  I asked is it cement or mortar, they said more than that but did not say what, so I again insisted they give me the full list of what they have used.   As expected they then demanded 120 pounds for the gutter cleaning to be payed right on the spot, and I said I am happy to do so, but if I am going to pay now they must provide me a separate invoice for it and it should be treated as a separate job to everything else they demanded.  For some strange reason they refused to do so. They then agreed to send me all the detailed itinerary of work carried out as well as any photos they had Thursday night.  I haven't received anything.   I will wait for a couple of days for them to respond and then send out the paper letter as suggested.  I will also send a copy of that letter to their email, just in case they claim they never received the letter.   I will not send them the 120 pounds payment for the gutter cleaning until they send me a revised invoice separating it from the rest. And for the repair job I agreed to I must first see evidence of what work has been carried out.   I search Google maps for their business address, but strangely at that address is a solicitors office.  Is it possible they are registered at a solicitor representing them?        
    • will be dealt with IF it ever gets to witness statement stage.   there are no scans here of any paperwork, other than post 1 which are blank templates garbage   get all the paperwork up in one mass PDF please.   i pointed youi earlier to lowell vanquis threads even gave you a link to got read threads.   compare yours against the won cases - i suspect this will go nowhere and they'll disc near the hearing date. but no N180 yet so....  
    • Thanks DX100uk.   These are the old style loans taken out to the SLC in 1992,1995 and 1997.   The loan wasn't deferred when I agreed the Stepchange plan ,so I was paying the full repayment amount prior to going on the plan.   I've never heard of a default being posted over six years from a commencement of an unbroken agreed payment plan so that is what I'm contesting.  It sound a bit dodgy   I assume that Thesis has the authority to issue a legitimate default notice?
    • OK - I've read FTMDave's suggested particulars posted in #105 and I can't really see that they can be improved upon.  His explanation of the £2000/£1500 paid in respect of Project 2 certainly makes more sense than mine did.   The only things I would say are:   1.  I wonder if it should be headed "Particulars of Counterclaim" and not just "Counterclaim"?  I don't know if it matters but it might give a better impression to the judge?  (I know it shouldn't matter, but in my experience first impressions do matter).   2.  simeon - make sure the amount referred to in para 10 is the correct amount.  I mistakenly put £3300 in my first redraft but I think it's only £3000.   3.  I didn't originally number the very last paragraph after 18(d), but I think it will read and look better if that last sentence is numbered 19.   4.  I'm not sure but I think I would suggest adding a final para 20 as follows:   "20.  List of Attachments              Attachment A  -  one page  -  brief description of what Attachment A is...         Attachment B  -  one page  -  brief etc...         Attachment C  -  one page  -  brief etc...         Attachment D  -  two pages  -  brief etc...         and so on...         Attachment H (or whatever)  -  one page  -  Summary breakdown of amount claimed"   @simeon1964  -  you then need to make sure that all your attachments are correctly ordered and lettered (or numbered) and that they all cross-reference correctly to the "Particulars of Counterclaim".  As FTMDave said in a previous post, that's simply a clerical task for you to complete and doesn't require input from anybody else.   @simeon1964  -  if you have time this afternoon there's a couple of things to think about before FTMDave returns from the football:   1.  Can you try to put your attachments together as suggested in #113?  eg  Label each one "Attachment A etc.  -  page 1 of 1 etc" and put in a description if it's not obvious from the attachment itself what it is.   2.  Make sure the final attachment which summarises the amount you are claiming can be tied back to the other attachments - so the judge can clearly see how you have arrived at the total amount.   3.  If you want to include what the roofer has told you, think about where it logically needs to go in the particulars.  You may as well draft a paragraph to introduce it in the particulars too   4.  You still need to include interest in your claim.  I'm sure FTMDave or Andyorch will explain how.   For the moment don't waste your time doing anything else other than what I've suggested above.  Wait for input from FTMDave this afternoon.   If all the above can be done, you ahve at least something that makes sense that can be submitted Monday.   Good luck.          
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Cerise -V- Bank of Scotland


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Hi Cerise

use this link.

sorry cant get the link to work.So go into Scottish section, near the top there is a post "scottish procedure" by Scotia, its also in the guidance notes.

its a copy of how to fill in the claim , just change the dates and stuff. This is the statement i won with, Twice. With loads of thanks to Scotia.

mairi

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  • 2 weeks later...

Havent sent away the court papers yet but got a letter from the bank on Friday offering me 222 pounds back. Shall I reply declining the offer and tell them they have 7 days to offer me a full refund of 1300 pounds or I'll pursue it through the courts, or shall I just go ahead & send my papers away to the court?

 

Im thinking maybe the former option because I kinda messed things up a bit and dont have the spreadsheet of charges to send to the court, which they are requesting I send with the claim papers (should of made a photocopy before sending them to bank) and have had to request my statements all over again so I cant really do anything till I get those anyway.

Any advice would be much appreciated

 

At least we're getting somewhere now!

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hi cerise

send the letter accepting the £222 in PART settlement of your claim, let them know you'll be back for the rest. Say in your letter i look forward to your reply. (this will give you some time) I wouldn't give them 7 days because you may not have received your statements by then.

Have your claim all ready to go and as soon as you have a new list of your charges made up you can pay a visit to your local court.

hope this helps

mairi

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OK and fill in the acceptance form? Not sure if I should incase they write back and say ok you accepted the 222 by sending back the form and thats all your getting kind of thing! So just write them a letter telling them I'll accept that as part settlement and if this is not viable, ill be proceeding to court?

Thanks Mairi

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"So just write them a letter telling them I'll accept that as part settlement and if this is not viable, ill be proceeding to court?"

Looking at my OH offer letter and form, I wouldn't bother filling it in, i'd just send a letter. It will probably lead to a second offer which will at least buy you some time.

mairi

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  • 3 weeks later...

No response to my letter sent 2 weeks ago declining the offer of 222 pounds. I called the fife number to ask if anything had been sent to my old address (moved house recently) and was told by the operator that nothing had been sent after the last letter from Elaine Brown offering 222 pounds back.

So Ive no choice but to take this to court now, grrrrr, they had to make me fight it all the way and Im leaving the country December 1st for a year!

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BOS wont play! Try sending an LBA with a completed N1 form ( or Scottish equivalent) attached (complete online and print off two copies - one for you) Use the guidance in the templates section for the wording on the court form. Give them 7 - 14 days (whichever you prefer) to repay your claim in full or you will action the court form. Looks like they will only respond to court cases in the end. Good Luck!

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Good idea, might as well do that whilst Im waiting for the 2nd lot of statements to come through.

Sent 3 emails to them ([email protected]) as well and got no reply but got 3 read receipts..........hmmm.......

Funny how when the tables are turned they dont want to know!!

If it was me owing them 1300 I wouldnt hear the end of it.

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If it was me owing them 1300 I wouldnt hear the end of it.

LOL. That is sooo very true. They'd be phoning you every 5 mins.

Once you have written to them 2 or 3 times they seem to catch "selective hearing/reading syndrome"

Some of the call center staff are nice though and they ain't paid too well, so maybe if you speak to someone with a sympathetic ear you might get the statements sharpish.

mairi

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Received a letter when I got home yesterday offering me 668 pounds.

Shall I reply declining it, enclosing a copy of the claim form or just go straight ahead with the claim?

Time is not on my side - Im outta here in 7 weeks! Lets say for talking sake I sent away my claim to the court today - how long roughly would it take for the hearing date?

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N1 form is for use in English court system, if you follow the http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html you will be fine, forms 1 and 1B!! Good luck!!

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Good stuff, thats the one I filled in. Any chance I can email you it so see if its been done correctly? Dont want anything else messed up, Ive made a pigs ear of it as it is!!

 

Sooooo, should I send a copy of the claim form to BOS and say if I dont received a full refund in 7 days, Ill be sending the claim to the courts? Might as well chance it while Im waiting on those statements anyway as I cant send papers to court without that bloody spreadsheet of charges!

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I know but Im sitting here diddling my thumbs whilst waiting for these statements to come through so I might as well try something rather than do nothing? See if they'll cough up the full amount if they see im serious about going to court.

Aaah its worth a try, Ill send it off today and see how it goes :p

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I wouldnt recommend that, they won't pay out until they have the court papers from th ecourt your wasting your time doing that as theyll just think anyone serious enough would just go straight through the courts!

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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  • 2 weeks later...

OK finally got my statements sent through again and I need to do this spreadsheet thing so I can send it to the sherrif court - does it have to be a spreadsheet as Im not very good with excel or can you just list the charges with the date beside it? If it has to be a spreadsheet - can anyone send me their copy and I can chage the figures/dates in it?

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