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    • Looks promising then.  Well done   Dx
    • So a little update.  I sent a complaint to ico and have heard nothing. I just got the general reply email and that's it.  Sat twiddling my thumbs and thought about what I should do next. I searched for the CEO of Studio but then found that he'd left so as keep getting letters from studio about the arrears etc. I thought I'd email the David Twigg. Sent him all the bumpft and a copy of my original complaint and sars request.  Got no response. So didn't know what else to do. Then I thought I'd try through the financial difficulties option on the online form. One last try before I just give up and let them default me.  Then on the 5th June. I got an email from their customer services. That the items that had gone AWOL have all been cancelled. Nothing else on that email, so I had a look in an email account that I don't use anymore and there was an email from the customer service.  That they were sorry for the problems I've had for the last 9 months. That the sars info was emailed to me on 14/04, it wasn't I've kept all spam and deleted emails on that account, they have raised a complaint with their studio pay team regarding the issues, balance dispute, fee's and my credit file. They are hoping to resolve in 3 days but they have upto 56. They also said in regards to my other issues I have to raise a complaint with studio retail but haven't told me how I do that.  The sars info only goes upto the end of December 2023. It has my previous complaints on there but nothing after so I don't know how I get hold of that information. Luckily I've kept copies of every time I've contacted them. Every web chat or social media contact.  Apologies for the extremely long post but I wanted to add everything I could just incase.  I have checked my account balance and it's still minus 900 odd pounds but I'll keep checking to see if it's all cleared and on my credit file.  I'm hoping this is the end of the whole debacle and they close my account because I never want to do this again. Although it's been a learning experience.  Thanks to dx100uk for pointing me in the right direction. Much appreciated.   
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • If you want to cause DCBL trouble, then complain to the SRA.  It would be even more fun if mystic_bertie would complain at the same time, to show the SRA there is a pattern.
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Shakespeare62 - v - a NastyBank


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Right folks - here's the excuse we've been waiting for :

 

see attached Witness Statement from Respondent AND my proposed reply (also a Witness Statement).

 

All comments welcomed.

Pishcon Witness Statement Feb 2010.pdf

Witness Statement Feb 2010 ID REMOVED.doc

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LJ Rix in Expandable, a very good judgment, i use it often when parties resist providing copies

 

Cheers PT - thanks for looking in :)

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I can't open the pdf of their witness statement. Saying it's damaged. I don't know if anyone else is having problems?

 

DD

 

It opens fine for me with Adobe Acrobat Reader....

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14/ so they are saying the the CLAIMANTS policy of not providing the original agreement overrules the COURTS policy that the original agreement should be produced!!

 

 

* are they going to provide the registered delivery slip from the OC to show the document was delivered to them on 4th feb if they had it all the time that might catch them out!

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* are they going to provide the registered delivery slip from the OC to show the document was delivered to them on 4th feb

 

Hey - thats a good point. Wonder if I should stick it in to my Witness Statement ...suggestions welcomed please.

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Mind you I didn't know they did registered post anymore ...lol. Hmm ...could this be a case of spot the deliberate 'porky pie' (check out para 12 of their WS folks)

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How about something like this

 

"With reference to paragraph 12 of their Witness Statment, the Respondent's solicitor claims that the purported original was sent to her by Registered Post.

 

As far as the Appellant is aware Registered Post is no longer a service offered by Royal Mail."

 

Any offers to improve this ?

 

(The only caveat is that I may need to be careful not to come across as a smart a**)

Edited by shakespeare62

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How about something like this

 

"With reference to paragraph 12 of their Witness Statment, the Respondent's solicitor claims that the purported original was sent to her by Registered Post.

 

As far as the Appellant is aware Registered Post is no longer a service offered by Royal Mail."

 

Any offers to improve this ?

 

(The only caveat is that I may need to be careful to come across as a smart a**)

 

I believe you will find that recorded delivery is offered in addition to registered still being available.

G

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For all the siht that they are trying to avoid that's a psis poor statement that they have come up with.

 

Did you actually use the word 'forgery' at the last hearing as they have stated 'forgery' rather than 'suspicious' in their w/s

 

Any guesses as to their costings to produce such drivel?

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Ok I believe under the Postal Services Act 2000 Schedule 8 any reference to registered post is to be construed as meaning a registered postal service (eg Royal Mail recorded delivery or special delivery).

 

It would just be down then, to demanding a copy of the delivery slip. Not sure if this is a strong point - they may say they've thrown it away ...

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Sorry IMHO they will simply claim it's "a clerical error' & the court will accept it. Better to point out their mistake by stating that you 'assume' they mean etc. It shows that unlike them your not being petty & it doesn't diminish the non-delivery argument

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For all the siht that they are trying to avoid that's a psis poor statement that they have come up with.

 

Did you actually use the word 'forgery' at the last hearing as they have stated 'forgery' rather than 'suspicious' in their w/s

 

No but if a forensic examination determines the document is not authentic then it could be a very serious matter

 

Any guesses as to their costings to produce such drivel?

I guess they can add another couple of million to my account :)

Edited by shakespeare62

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Sorry IMHO they will simply claim it's "a clerical error' & the court will accept it. Better to point out their mistake by stating that you 'assume' they mean etc. It shows that unlike them your not being petty & it doesn't diminish the non-delivery argument

 

You mean I should still request evidence of a delivery slip in the Witness Statment ?

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Hello S62!

 

Their Witless Statement is a prime example of a Lawyer trying ever so hard not to say anything, whilst trying to appear forthright and authoritative in the process. He/she/it seems to be ducking the central issues for all their expensive education is worth.

 

I think Amex has been very busy reverse engineering their Document Archives, to try and give the impression they were a lot better than they really were. Slight problem being a recent knock-up escaped and made it to Court with them claiming it was an original. Oops.

 

Now they are back pedalling like beggary.

 

In any event, the sudden appearance of these records seems to depend wholly upon everyone suspending their disbelief that Amex employed nothing but nameless and unaccountable employees, who somehow ran their archives like clockwork without signatures or document logs until 2010...when Amex suddenly stumbled upon the archives they felt they deserved. Except they do not seem to know who ran them, or who is accountable. How handy for them.

 

Cheers,

BRW

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Ok I believe under the Postal Services Act 2000 Schedule 8 any reference to registered post is to be construed as meaning a registered postal service (eg Royal Mail recorded delivery or special delivery).

 

It would just be down then, to demanding a copy of the delivery slip. Not sure if this is a strong point - they may say they've thrown it away ...

 

They probably receive a number of Special and Recorded delivery items every day so they could produce a number of screenshots from the RM site showing their signature for items received.

 

I think you have better ammunition than that in your armoury.

 

Although......can you remember if the ''original'' agreement shown to you at court, was folded or likely to fit into an ordinary-Length: 240mm max/Width: 165mm max envelope because if sent 1st Class Recorded it would be £1.14

If a single unfolded sheet larger than above it would be an additional 22p.

This would be shown on the receipt obtained by the sender of the letter.

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They probably receive a number of Special and Recorded delivery items every day so they could produce a number of screenshots from the RM site showing their signature for items received.

 

Good point. I don't think recorded / Special Delivery slips show the senders details.

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