Flinty against Forthright Finance

[flinty_1]

Have started a new thread here as I has posted in the wrong forum. Royal Bank of Scotland. For that my Sincere Apologies.

Today I have filed the Form N1 with the County Court. I was only originally claiming £380ish but with charges and costs that I have since incurred the actual total has risen to over £700. They should have offered more than £160 and closure of my account. The very nice bloke in the Court office guided me through the one mistake on my form under the Value section.

He also told me what would be happening now and over the next 14 days.

These people have angered me with their arrogance with my requests for a refund. I have even been served with a Default notice demanding the goods back. This arrived before the offer of £160 and account closure.:o Naturally I refused this, would rather lose the whole claim if I could actually get these A*** holes into court, in fact I look forward to the day when I will be sat in the waiting room and seeing thier solicitor SWEAT.

[Boobaby]

Well done you!! I hope you get exactly what you want and more if possible. I am close on your heels, I have sent DPA letter today so let's hope the statements come back soon and then I can put my case forward also. Shame we can't claim for harrassment, stress and bullying isn't it?

How long do you have to wait now and do you think it will actually get to court or do you think they'll settle before?

[flinty_1]

I think that they will settle before we go into court. As for the time frame, all I know is that the 14 days is ticking that the Court gives them to respond. The court officer said that the papers would More than likeley be posted the same day and they give them 2 days to in effect 'Be Served'. That would make it Saturday so the earliest I could win is 14 days from Monday. I suspect though that they will offer a defence just because all of the people that I have spoken to on the phone, Do not really Give a SH*T and are arrogant as anything.

Will keep posting as and when anything developes.

[flinty_1]

) a declaration from this honourable court that the term of the contract leading to the application of the charges is unenforceable;

 

I have put this in my claim against Forthright.

Bankfodder said to include if you felt lucky

I am actually wondering what it exactly means?

 

Papers where served and they have until the 30th to respond.

[Bigmac versus]

They are a nightmare to deal with, I wish you luck.

[flinty_1]

Have contacted the court today and received the reply that they themselves are about 5 YES 5 :o days behind with their paperwork. GRRRR. Any way as far as the Guy could tell Forthright had not yet filed a defence but please ring again Friday.

 

I will be most annoyed though if no defence is offered as I wanted to see somebody Sweat in the Court room, still time yet.

[brecken]

Hi flinty,

im expecting my statements 2morrow lol, or non complience letter going in, Im lucky in that my account was paid in full and closed over 2 years ago roughly, so they cant threaten me with anything, Im looking forward to taking these lot all the way.

Good Luck anyway, Ill be watching your thread.

Brecken x

[brecken]

Hi flinty, any news yet ?

[flinty_1]

Sorry Yes there is news.

 

As expected they have failed to file a defence. This is a shame as I really wanted them in court. However, the good news is hopefully the judge will just agree and the part about the agreement being unlawful as regards the charges might allow me to attempt to claim the whole amount paid to them over the term of the agreement but that will be another fight.

[crusty git]

Hi Flinty

A usefull contact for you

 

Paul Sherwood

Litigation Controller

Legal liason Unit

 

Phone 01224 694890

Fax 01224 695427

 

Good luck and please keep us informed

 

j

[flinty_1]

Unfortunately received the paper work back today, I FORGOT TO TICK ONE BOX.

 

When I wanted paying.

I have rang the court and was told that Judgement will be made upon receipt of the correctly marked paper work.

Will then start Demanding immediate payment from them just as they did with me when I WAS STRUGGLING TO MAKE PAYMENTS. One last point, trhe original payment that I wanted them to refund was Roughly £500. This has risen to £740 with costs and interest and my time. They should have paid earlier and been a lot politer on the phone. Luck every body.

[crusty git]

our almost there Flinty. If they dont pay in 14 days you can ask for a warrent.

When I issued one against them it almost crossed their payment in the post, but they sent the cost of it whithin a few days.

 

The only odd thing: The bailliff reported that they are not at the City Road address it is apparantly empty!

 

Good hunting

 

 

J

[flinty_1]

I Have WON:D :grin:

 

Recieved judgement today dated 2/10 for tne full amount.

Will be contacting Forthright in due course about their MISSING payment, that will be fun!!!.:grin: :grin:

 

I will be donating 5% to this fantastic site. Without it I would not now be celebrating winning a case in the County Court about money. It is really nice to be the aggressor in court and not the worried hard working person that gets penalised when payments are late or missing.

 

Thanks to every body that helps to run and keep this site running. I Will update this thread when I start to Harrass them (Next week I think) and when full and final payment is made.

[brecken]

Well done flinty, Im about to submit my claim, just waiting till monday so I can pay the court fee.

Anyjoy your money, you deserve every penny.

[flinty_1]

Have some BAD news.

 

Even though I have won the District Judge that has reviewed my application he has ruled that I need to make an,

 

"Application on notice"

 

for the following two points to be considered at a further £65

 

One was about the agrrement being unlawful

the other was about getting Forthright to remove the default trhat they have registered against me.

 

Will have a serious think and read some more before making the decision.

 

Will contact Forthright tomorrow about my money.

[flinty_1]

What a SURPRISE.:o

 

Forthright have not recieved any papers from the court relating to my claim. The nice lady became very abrupt when I said that I had obtained Judgement and wanted my money. She gave me a number to ring at the legal liason dept and promptly hung up before I could confirm the number.

 

Thankfully I had got it right and another nice lady seemed very Surprised that I had already got a Judgement against them as there was no record of it. She did ask nicely if I could Fax the judgement over to them and she would get back to me by Monday. I agreed on the principle that I would not be waiting any longer than Monday before getting the Bailiffs involved.

 

Must say however, that it was very enjoyable upsetting the 1st Very nice lady as it was her kind that use to threaten me when a payment was late. They say that revenge is sweet.

 

There will be more on Monday

[brecken]

Come on Flinty, It's Monday, have you sent them in yet, dont keep me in suspence.

[flinty_1]

No need to send the Bailiffs in YET.

 

Gave them a friendly reminder that the clock was ticking and I wanted a reply by the end of today. Again was given the sob story that they had recieved no paper work:confused: and the 1st that they knew about it was me ringing on Friday. Reminded her that I had the Judgement and I expected a reply Today or I would be taking further action which would result in Bailiff costs and a days earnings that I would have lost by taking a day off to arrange it. Less than an hour later I recieved a phone call from them stating that the Cheque would be raised today and that I should recieve it by the end of the week.:grin: I said thankyou but non-receipt by Friday would see further action being instigated first thing Monday morning.

[brecken]

Good for you flinty, bet ya cant wait til friday, keep us posted.

Brecken x

[flinty_1]

Have recieved my Cheque on 10th November.

Thanks for all your support and I will be contributing MONEY to this brilliant site when the cheque clears next week.

Thanks now for the Abbey.