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    • Have we seen your court bundle?   If we haven't then it's probably an idea to post it up here especially the index page and the witness statement so we can see if there is anything which might need adding or changing 
    • "Care to briefly tell someone who isn't tech savvy - i.e. me! - how you did this?" Its pretty simple although not obvious. You open the google maps app > click your profile picture > Click Timeline from the list > click today > choose the date you want to see the timeline from. Then you'll see your timeline for that day. Often, places you have visited will have a question mark beside them where google wants you confirm you have actually visited. You either click 'yes' if you have, or you click 'edit' to enter the actual place you visited. Sometimes, you'll see 'Missing visit' This probably happens if your internet connection has dropped out at that time. You simply click 'Add visit' and enter the place. The internet on my crappy phone often loses connection so I have to do that alot.   OK dx, understood mate. 
    • I have now been given a court date vs Evri, 4th Sept 2024. I have completed my court bundle, when am I expected to send copies to the court and Evri and should it be in hard copy or electronic? The Notice of Allocation states that no later than 7 days before the directions hearing both parties must send to the other party their final offers to settle. Does this mean I will have to tell Evri what I'm willing to settle? Rgds, J
    • Sorry  Noted x   Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
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HFC bank and Restons newbie needs help! ***WON***


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Only if referred to ie Attched exib a etc etc.Make sure its not less than 7 working days Nana

 

Andy

We could do with some help from you.

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Right! Thanks Andy..It just says if i wish to rely on written evidence at the hearing I must file a ws and serve it on the claimants solicitors..

 

I will post to restons to today using recorded delivery because of the postal strike..Restons do not accept service of docs by fax or carrier pidgeon..I can hand deliver to my local court no problem..

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You can add the exibs ie were you state you requested a copy of your CCA (see attached Exib 1a)

CPR (see attached 1b ) etc etc but you will have to type them into the WS and attach the copies for all parties Court / Claimant

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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OK! Witness statement has been sent special delivery to Restons they should get it Monday. WS has been hand delivered to the court..Just want to say a big Thank you to everyone who has gotten me this far, no matter what the outcome...I feel like I have been given back some control instead of being bullied and harrassed by these people......Thank You all so much.

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  • 2 weeks later...

Hi all :) Summary Judgement hearing was set for this Monday. Received letter from Restons today.

 

"In the circumstances we agree that the matter is not suitable for a summary judgement hearing and we are writing to the court today to withdraw the application.

 

we are taking instructions generally as to the future conduct of the claim"

 

So what's my next step guys??..This letter was only posted yesterday..Do I contact the court and ask if the summary judgement has been withdrawn? What happens next?

 

I am taking this as good news..Am I right for thinking so?

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Yep contact the court to confirm it, if you cant confirm it yet get your court bundle and be in court just in case.

 

Their wording if they wish to continue with the case for me was different, with me they requested a short hearing for direction.

 

They give you enough information to get your hopes up but not enough so you have a clue what is happening.

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Hi

Rang the court late on Friday application for sj had not been withdrawn up to that point (or they had no record of it) going to ring again soon and if it has still not been withdrawn I am going to go to court anyway I have read enough on here to tell me not to trust these solicitors.

 

I am battling my nerves but I am getting my court bundle ready

Hearing is supposed to be at twelve eeek

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  • 1 month later...

UPDATE

 

Received a letter from Restons after their withdrawal of the attempted summary judgement basically offering a reduced sum of the alledged balance owing and offering to drop the collection charge! :p I completely ignored it.I wanted my day in court.

 

Received another letter from Restons this morning assuming they were trying the same tactics but boy was I wrong :D They have discontinued the case YIPEEEE!!! :D:D:D:D A lovely christmas present.

 

My head is still swirling. THANK YOU everyone who has helped guide me through this and I wish you all a very merry christmas :D

 

Can I still pursue them for my expenses??..Just wondering:)

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Congratulations and well done :D

 

Yes, you can now pursue them for your wasted costs as Restons have discontinued.

 

WASTED COSTS THREADS

 

 

Have a look at the pdf's that Surfaceagentx20 has attached at the bottom of the post on a letter for wasted costs -

 

Surfaceagentx20 wasted costs

also

 

Liabilty for Costs CPR 38.6

Sharpman v Nationwide credit card services ***WON WITH WASTED COSTS***

 

Welcome/Cohens - case withdrawn ***WOO-HOO ***

 

have a look at this post by IGNM on costs as well -

 

IGNM post on costs

 

I'm sure Andyorch will have something to say about wasted costs as well. ;)

 

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Excellent News Nana

 

 

Delighted for you just in time for Xmas also;)

 

 

Kind Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 3 weeks later...

Happy new year

 

Well Just got my reply from Restons about my bill of costs: £888.00

 

Thank you for your bill of costs

 

The amount claimed is totally unreasonable and disproportionate to the value of the claim.

 

We,as solicitors for the claimant, have spent less than 5 hours on this case and on that basis we would expect your own time spent to be similar.

 

We are,however, prepared to offer you £75 in full settlement of your costs.This would equate to 8 hours of your time which we feel is more than reasonable.

 

We await your response.

 

Well you can imagine what my response is lol

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  • 1 year later...

Hi All

 

Here is an update since I last posted

I negotiated expenses with Restons and got a nice fat £400 cheque a chunk of which I donated to CAG :) I had peace from these vultures for almost a year then in October 2010 I started getting letters again from HFC saying my account was in default..Then a second letter arrived with a new re-issued default notice.

Restons then started writing, threatening legal action:roll:and just this morning I got a letter from Restons stating that they have been given leave to reopen this case at a hearing at my local county court.

Will be back soon with more details :)

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