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    • The 3 pieces of mortar that fell on the same day, at the same time, were approx. 25-30cm long and weighed around ½-1 kilo each from a roof that is above the 2nd floor; they were by no means tiny pieces of mortar but large chunks falling from a rather great height. I believe the size and weight is enough to cause serious injury and if it falls on your head, I assume it could potentially be lethal if unlucky, but we don't wish to put that theory to test... We can't in good conscience let a contractor install a patio and a gazebo as it is in the exact spot where the mortar fell, nor do I think anyone would be willing to take the chance. Looking at the roof, there are multiple other remaining pieces from the same 'line' or 'row' of mortar that can potentially fall. The mortar is right underneath the slate tiles on the neighbour's roof and I don't know whether the tiles are also (becoming) lose due to the loss of the mortar. I was trying to upload a photo but it seems it's not allowed. The first contractor to work in our garden in preparation for the patio and gazebo is scheduled to start on 10th June, that leaves the neighbour 5 workdays to sort their roof which is unlikely, so it seems we will have to postpone our patio contractor without knowing when they can come back. We have already had extensive work done in the garden in preparation for the wedding reception and it will become very costly for us if we have to move the wedding reception to a venue (if we can even get one at this short notice) rather than have it at home which was our dream.
    • Is this sufficiant for a letter of claim  ? Letter Of Claim       Reference: Techzone Mobile Phones Samsung A71 Mobile Phone £140 Purchase date 29. 5. 24     I the claimant purchased a 2nd hand Samsung A71 mobile from Techzone Mobile Phone unit 10 of the indoor market at the Potteries shopping centre. Initially the phone worked well until I used the camera and found debris in the camera lens spoiling pictures making it not fit for purpose. I contacted the seller who offered a replacement which I initially accepted but later rejected and wanted a refund in full which the seller refused saying they Do Not give refund is unlawful and goes against the Consumer rights act 2015. Therefore I intend to issue proceedings against you in a county court without further notice unless you reimburse me the above amount in Full within 7 days from the date of this Letter     ------------------------------------------    I think its best if i hand him the letter as posting it might not get through so can claim expenses traveling up there ?   or would it be best to just post and get 'Signed for'  ?   Should i also put in the letter of claim interest added or leave that till the Particulars letter ?
    • Ok thanks, I really need help with my mental health over this I’ve called 111 Hi sorry just one more thing can they contact my workplace?
    • Sorry to shatter your leftie dreams 🤣😂🤣😂     Donald Trump gets a SIX-POINT bump in approval after being found guilty on 34 counts according to snap Daily Mail poll: 'I think it was a waste of taxpayer money' WWW.DAILYMAIL.CO.UK Teflon Don rides again, according to an exclusive poll for DailyMail.com which found that the guilty verdict in Manhattan... James Johnson, who conducted the poll, said Trump might be waking up as convicted felon but he was winning over the voters who matter.   Our snap poll of a representative sample of likely voters shows that for most Americans the trial has not changed their deep-set views of Trump,' he said.  'But amongst those who are open to changing their mind, people feel more positive by a margin of 6 points. That is outside of the margin of the error of the poll and we are saying that is significant. 'It extends to Independent voters too. Look at the explanations and it is clear why: people feel it was a politically motivated trial and view Trump as a "fighter" against what they see as injustice.     
    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.    24th May 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt was with halifax, whom passed the debt to PRA Group. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 Was there a dispute with the original creditor that remains unresolved?  No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  No
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Court Claim for O/draft from Nthmtn (CCBC)


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cases for reference regarding SJ courtesy of shakespeare62 :

 

Royal Brompton Hospital National Health Service Trust v Hammond & Ors [2001] EWCA Civ 550 (11 April 2001)

 

Three Rivers District Council v. Governor and Company of The Bank of England [2001] UKHL 16; [2001] 2 All ER 513 (22nd March, 2001)

 

added: from shakey:

In the case of 3 rivers District Council v Governor and Company of the Bank of England [2001] UKHL 16, check out Lord Hobhouse of WoodBorough, section 158, last para (4 lines before section 159) :-

 

"The criterion which the judge has to apply under Part 24 is not one of probability; it is absence of reality."

 

shakeys on fire today...lol:

 

Overdraft Termination (for a current account), will usually be a notice served under s76(1) and 98(1) of the CCA 1974.

 

Significantly s76(3) states that "A notice under subsection (1) is ineffective if not in the prescribed form".

 

Para 2(1) of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) states :

 

" Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section 76(1) of the Act (which relates to the duty to give notice to the debtor or hirer (non-default cases) before taking certain action t o enforce a term of an agreement) shall contain--

 

(a) a statement that the notice is served under section 76(1) of the Consumer Credit Act 1974;

 

(b) the information set out in paragraphs 1 to 5 of Schedule 1 to these Regulations; and

 

© statements in the form specified in paragraphs 6 to 8 of that Schedule."

 

Basically, if the overdraft contained a signficant amount of unfair default charges, then there could be a strong case to argue that it is not in the prescribed form as the sum demanded is innacurate and therefore the notice is ineffective by virtue of s76(3) of the CCA 1974.

 

I suggest parallels could be drawn with Woodchester v Swayne & Co [1998] EWCA Civ 1209 (14 July 199:cool: of Appeal Judgment, in that both involve the payment of sums to prevent further action, both are in relation to a debtor at a disadvantage under the CCA 1974 (i.e. whom the Act is intended to protect), and that the Creditor is expected to get it right.

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Hi R&B,

 

Re post 150.. personally I find it impressive and to the point. I would be tempted to alert the media with regards to their behaviour... but not until you've wiped the floor with them.

 

Re your senior moment yesterday and the errant posting ... I thought it strange that more than one barrister broke down on the way to court to one of your cases, and it led me to believe that perhaps they'd heard about your planned 'dressing up' sessions and they were just too frightened to attend! :p

 

Spam.:)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

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Hi R&B,

 

Re post 150.. personally I find it impressive and to the point. I would be tempted to alert the media with regards to their behaviour... but not until you've wiped the floor with them.

 

i think citB is on that case actually.

 

Re your senior moment yesterday and the errant posting ... I thought it strange that more than one barrister broke down on the way to court to one of your cases, and it led me to believe that perhaps they'd heard about your planned 'dressing up' sessions and they were just too frightened to attend! :p

 

Spam.:)

 

lol...that made me laugh out loud spam.....perhaps if my legs were better or less hirsute, id have more than one in attendance....alas that wont be the case...:D

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Yes, I like your letter r&b. :D

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Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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r&b, did you see the statement included in a letter to Viano..

 

Originally Posted by viano viewpost.gif

just thought I would add my half pennyworth

From SC&M:-

 

'We feel it important to let you know that we have Instructed the County Court to enter Judgement against you on behalf of our Client.

 

You should now send a payment for the full balance as stated above to ourselves, unless otherwise directed by the County Court.

 

If you send this payment within ten days you may be confident that further action will be prevented.'

 

Did you get that - they have INSTRUCTED the Court.

 

Viano

 

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Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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thanks CB i have now...ive amended the letter to try n get the DJs back up a bit ...

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Hi r&b

Have been following your claim closely as we've just ours discontinued by ****. However, we had the same scenario of supposedly instructing the court for judgement and sending little white books. Your letter was brilliant - we too will be writing a letter of complaint soon (mum has just died so I need to get her funeral over with first:() but please post up any response you get. Good luck

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Hi r&b

Have been following your claim closely as we've just ours discontinued by ****. However, we had the same scenario of supposedly instructing the court for judgement and sending little white books. Your letter was brilliant - we too will be writing a letter of complaint soon (mum has just died so I need to get her funeral over with first:() but please post up any response you get. Good luck

 

hi empowered,

sorry abt mum, hope all goes well.

will of course post up anth of relevance. have u seen the thread CitizenB has started regarding these letters? link is in her signature i believe

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Hi r&b

Have been following your claim closely as we've just ours discontinued by ****. However, we had the same scenario of supposedly instructing the court for judgement and sending little white books. Your letter was brilliant - we too will be writing a letter of complaint soon (mum has just died so I need to get her funeral over with first:() but please post up any response you get. Good luck

 

Sorry to hear that Debs

 

sincerest regards

 

Andy

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Sorry to hear about your mum, empowered.

 

The link re phantom default judgements and CCJs is

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/206823-have-you-received-phantom.html

 

thanks CB i have now...ive amended the letter to try n get the DJs back up a bit ...

 

:lol:

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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well ive recvd an answer to my complaint and it seems andys ire was quite correct. the court did not serve anything at all (is this correct procedure?), which is presumably why i recvd the same. it was all down to ****, luckily i can include all this in my SRA complaint and letter to the DJ.

 

src="http://i615.photobucket.com/albums/tt231/robntanya/LLOYDScourtcomplaintreply.jpg" border="0" alt="Photobucket">

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Well now, they couldnt be more aptly named could they.. **** :rolleyes:

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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well ive recvd an answer to my complaint and it seems andys ire was quite correct. the court did not serve anything at all (is this correct procedure?), which is presumably why i recvd the same. it was all down to ****, luckily i can include all this in my SRA complaint and letter to the DJ.

 

src="http://i615.photobucket.com/albums/tt231/robntanya/LLOYDScourtcomplaintreply.jpg" border="0" alt="Photobucket">

 

 

Hi R&B

 

Nice to see the acknowlegement.Its the duty of the Court to serve you the documents not send them to another to serve you, hence file and serve.More importantly " The Claimants have not filed an AQ":eek:

and applying for SJ, beggers belief:rolleyes:

 

Hope you have your thinking cap on r&b!!!!!!!! A Judicial decision on how the case and filing docs proceeds

 

Regards

 

Andy8)

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Hi R&B

 

Nice to see the acknowlegement.Its the duty of the Court to serve you the documents not send them to another to serve you, hence file and serve.More importantly " The Claimants have not filed an AQ":eek:

and applying for SJ, beggers belief:rolleyes:

 

Hope you have your thinking cap on r&b!!!!!!!! A Judicial decision on how the case and filing docs proceeds

 

Regards

 

Andy8)

 

Hi Andy

thanks for the advice in the first instance, as it seems to have unveiled a chink in the armour of our black bedecked foe!!!!

i am however not au fait with these matters of protocol regarding what shud and 'may' not be served. from your input and generally, it seems that of course the court should have informed me of the impending case (nice letter to get themselves off the hook then!!), however the AQ and SJ issue is not something i am familiar with. you have said before that a SJ should be brought at the AQ stage. from this i take it, that as indeed i have asked for dislocure, they should similarly have asked for a SJ within/attached to their AQ?

could you point me in the direction of anything within the CPR or otherwise where i may attempt to entice the DJ to "a Judicial decision" which may be more to my liking than ****?

thanks r&b

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Hi R&B

 

It would serve you well to familiarise yourself with the CPR and in particular the following sections:-

 

The overriding objective

 

1.1

 

(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly.

 

(2) Dealing with a case justly includes, so far as is practicable –

(a) ensuring that the parties are on an equal footing;

 

(b) saving expense;

 

© dealing with the case in ways which are proportionate –

(i) to the amount of money involved;

 

(ii) to the importance of the case;

 

(iii) to the complexity of the issues; and

 

(iv) to the financial position of each party;

 

 

(d) ensuring that it is dealt with expeditiously and fairly; and

 

(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.

 

 

top_icon.gif

Application by the court of the overriding objective

 

1.2

 

The court must seek to give effect to the overriding objective when it –

(a) exercises any power given to it by the Rules; or

 

(b) interprets any rule subject to rules 76.2 and 79.2.

 

 

 

top_icon.gif

Duty of the parties

 

1.3

 

The parties are required to help the court to further the overriding objective.

 

 

top_icon.gif

Court’s duty to manage cases

 

1.4

 

(1) The court must further the overriding objective by actively managing cases.

 

(2) Active case management includes –

(a) encouraging the parties to co-operate with each other in the conduct of the proceedings;

 

(b) identifying the issues at an early stage;

 

© deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others;

 

(d) deciding the order in which issues are to be resolved;

 

(e) encouraging the parties to use an alternative dispute resolution(GL)procedure if the court considers that appropriate and facilitating the use of such procedure;

 

(f) helping the parties to settle the whole or part of the case;

 

(g) fixing timetables or otherwise controlling the progress of the case;

 

(h) considering whether the likely benefits of taking a particular step justify the cost of taking it;

 

(i) dealing with as many aspects of the case as it can on the same occasion;

 

(j) dealing with the case without the parties needing to attend at court;

 

(k) making use of technology; and

 

(l) giving directions to ensure that the trial of a case proceeds quickly and efficiently.

 

 

and also this part in paricular:-

 

Time

 

2.8

 

(1) This rule shows how to calculate any period of time for doing any act which is specified –

(a) by these Rules;

 

(b) by a practice direction; or

 

© by a judgment or order of the court.

 

 

(2) A period of time expressed as a number of days shall be computed as clear days.

 

(3) In this rule ‘clear days’ means that in computing the number of days –

(a) the day on which the period begins; and

 

(b) if the end of the period is defined by reference to an event, the day on which that event occurs

 

are not included.

Examples

(i) Notice of an application must be served at least 3 days before the hearing.

An application is to be heard on Friday 20 October.

The last date for service is Monday 16 October.

 

(ii) The court is to fix a date for a hearing.

The hearing must be at least 28 days after the date of notice.

If the court gives notice of the date of the hearing on 1 October, the earliest date for the hearing is 30 October.

 

(iii) Particulars of claim must be served within 14 days of service of the claim form.

The claim form is served on 2 October.

The last day for service of the particulars of claim is 16 October.

 

 

 

(4) Where the specified period –

(a) is 5 days or less; and

 

(b) includes –

(i) a Saturday or Sunday; or

 

(ii) a Bank Holiday, Christmas Day or Good Friday,

 

 

that day does not count.

Example

Notice of an application must be served at least 3 days before the hearing.

 

An application is to be heard on Monday 20 October.

 

The last date for service is Tuesday 14 October.

 

 

(5) When the period specified –

(a) by these Rules or a practice direction; or

 

(b) by any judgment or court order,

 

for doing any act at the court office ends on a day on which the office is closed, that act shall be in time if done on the next day on which the court office is open.

 

Regards

 

Andy

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The AQ is usually served on the Defendent and visa versa purely as courtasy and in line with the CPR procedures.Within the AQ you will have noticed a section Other information.Within that section there is a further section which asks the Claimant/Defendent "Do you intend to make any applications in the immediate future? tick box Y/N

If yes what for? They may write they may wish to make an application for SJ pending the outcome of negotiations subject to allocated track for example.So in other words you have submitted your defence they respond within 28days and notify to proceed.AQs are released completed and exchanged.Case is allocated to your CC with the appropiate track.

This is were the AQ helps guide not only yourself and the Claimants but also the DJ dealing with the claim.

 

With yours r&b we havent even got a track as yet nor have they completed their AQ.Lets just ignore protocal and steam roller the SJ through even though the Defendent as submitted a Defence.

Hence the need to file and serve and adhere to the CPR in particular the Overiding Objectives.

Im a bit tired now r&b, long day i will expand further over the weekend

 

I trust the above helps

 

 

Regards

 

Andy;)

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andy many thanks, it certainly does sir. i too shall tackle this in the morning...its been a long week and a very cold chardonnay is glaring at me!!!!!

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Great minds think a like R&B enjoy, relax, we will resume.

 

 

 

Andy;)

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well ive recvd an answer to my complaint and it seems andys ire was quite correct. (Yes. as it would be 8)) the court did not serve anything at all (is this correct procedure?), which is presumably why i recvd the same. it was all down to ****, luckily i can include all this in my SRA complaint and letter to the DJ.

 

src="http://i615.photobucket.com/albums/tt231/robntanya/LLOYDScourtcomplaintreply.jpg" border="0" alt="Photobucket">

 

Hi r&b, :)

Going by the impression you've given of the DJ it looks like he won't find ****'s action very favourable.

 

 

Hi Andy, :)

Great guidance here, this case was becoming quite daunting until you came on board and cleared the way.

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Thanks Q

 

One tries one best.Nice to know I still have fans on here;)

How are your cases progressing BTW.

 

Regards

 

Andy

Edited by Andyorch

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Nice to know I still have fans on here:wink:

Hi Andy..

Not wishing to Hijack R&Bs thread (Sorry R&B):oops:

 

But I'd be your biggest fan if you could take a look at my thread and gives some advice on a draft defence for a set aside...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/192275-ccj-interest-debt-11.html

 

Thanks... hijack over you can put the guns down now.. ;)

 

Spam. :)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

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Hi Spam

 

Will take a peek shortly dont panic;)

 

Andy

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Thanks Q

 

One trys one best.Nice to know I still have fans on here;)

How are your cases progressing BTW.

 

Regards

 

Andy

 

Hi ya Andy, Your fan club grows by the day.:)

Thanks for enquiring, Seems as though we've managed to chase cred's away due to lack of CCA.

The hsbc/DG sols. threat of SJ to commence in feb.09 never materialised, and have not heard a peep out of them since the SJ threat.

A CCJ that I'm paying off monthly will become interesting as they divided the claim. so paying a very small amount, that'll be a good one when they try and claim the remainder.

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Hi ya Andy, Your fan club grows by the day.:)

 

sure does:)

nice to hear from u Q i trust all is well.

 

as for my issues here, im thinking that a reformed letter to the DJ specifically regarding the conduct of **** and the Court Office may be the way forward. that letter above from the Court was in reply to my formal complaint, so its not much of an excuse really in my opinion!!

have u guys got any other thoughts perhaps?

thanks

 

BTW spam dont apologise for using anything my friend.

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ok im going to formulate a new letter outlining whatever i can fit in thats seems productive. may take a bit as im busy for next couple days but will get it sorted by end of week and sent to all and sundry.

then its back to my set asides on 23rd lol.....

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