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    • Well send off the letter of claim when you're ready. There's really no need to hang around. In terms of the particulars of claim – you don't need to send anything extra. Do not click any boxes.   I wasn't aware that you actually had to calculate the daily rate of interest. I'm giving a shout to my site team colleague @Andyorch
    • By the way, is there a telephone number for the mystery handset? Have you tried calling it?
    • Who made the complaint to the ICO? Did we recommend it? An uncharitable side of me wonders whether they aren't considering erasing all data in order to get rid of evidence of their bungling. Have you checked your credit file? I think you need to make sure the get copies of everything you can from anywhere just in case various records get cleaned up. I think should set about that straightaway although it's a nuisance. Keep a note of the time you spend doing it. Are you sure that the problems with Vodafone and also with Three were caused by your blighted credit file – blighted by virgin? Can we take it that your credit file before this was clear? I think it could be an idea to send an SAR to Vodafone and also to Three to see if they have any reference to the problem setting up your account with them and that those problems might have been caused by virgin. Your credit file also might show searches by Vodafone and also by Three. If there's anything else you can think of – then try to get the information.  
    • No they are not entitled to see payslips. Only if this ever went to Court and it was part of the Court process would this be required. So the information you provide needs to be accurate, in the remote possibility that your information is passed to a DCA who uses it in Court in the future.   Just enter all information onto your income/expenses sheet in Pounds Sterling.        
    • Hi, I am drafting the pro-rata letters and putting a income expenditure sheet together. One question, as I am overseas the expenditure currency is different to the debts. Are they entitled to see pay slips (also in anther currency which isnt indicated on the slips)?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

My claim is stayed pending...


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Only if they don't pay.

 

There was a list somewhere of defaults against Barclays - there were lots!

 

I don't suppose it matters to them - don't pay up and get a default - big deal - it's not like they are going to be filling in Credit Card applications any time soon.

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Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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  • 1 month later...

I filed on the 20 May and then received a reply from a solicitor acting on behalf of Lloyds TSB who are based in Brighton, they have made a request under part 18 of the civil procedure rules for more information which is.......

 

Each and every individual amount of the charge I am claiming, the dates and how I calculated the sum.

They threaten that if they do not hear from me that they will get my claim struck out.

 

What I would like to know is do I have to reply to them and why they cant ask Lloyds for the information.

 

Has anyone else come accross this situation ?

IT IS MINE !!!!!!!!

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You should send them what they have asked for, by recorded delivery - and I would advise sending a copy to the court as well.

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Would a copy of the spreadsheet suffice?

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Would a copy of the spreadsheet suffice?

 

Yes. A copy would normally have been attached to the back of the N1 on filing the claim, however, when the claim is made through moneyclaim it would be normal to send the spreadsheet separately.

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Part 18 does not apply to the small claims track. Therefore you do not have to respond.

 

 

 

I do not know if one can say that they do not know their work or that this is an irregular attempt to browbeat you. I would suggest that you report them to the Law Society. Either way the Law Society would want to know about any firms of solicitors who are not operating at a proper standard. If the matter gets to court I would also point out to the judge that you have had to deal with this kind of tactic as well.

 

 

I suggest that you write to them and asked them to confirm whether part 18 does apply to small claims track matters.

 

It will be very amusing if they write back and tell you -- Yes.

 

It will also be amusing if they write back and apologise for their error.

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Here is a sales pitch.

 

If you bought yourself a copy of judge Patricia Pearl's book, Small Claims Procedure: a Practical Guide you would stand less chance of being misled by solicitors who themselves appear not to be familiar with the civil procedure rules.

 

Have a look at my review in the Bookstall. You can buy directly from us using the links to the left of the forum or links in the bookstall. I really do wish a lot more people on this forum would use the book. They would feel much better about their litigation and they will be a lot less work for the people who are running this forum.

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I have had the same crap as everyone else. Not even a hint of giving me my cash back. I'm going to court - just hope the forum can help me with it!

 

T

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received letter over the bank holiday advising that they are defending the case!!!

Just cleaning the suit off ready to attend court, i knew if i wanted to file, then id probably end up in court, just going to add my details to the forum so it may help others

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I have filed my claim against Lloyds TSB and I have recieved an acknowledgment of service of my claim that has been filed by solicitors acting on behalf of Lloyds TSB.

When do I have to send evidence/documents to the court ?

IT IS MINE !!!!!!!!

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The Defendants will have to now submit a defence, on receipt of that you will both have to complete an Allocation Questionnaire and return it to the Court & possibly another fee.

 

The Judge will then decide a hearing date and instruct you both to send all docs you intend to rely on (usually) 14 days before that date

Barclays - £4k - Hearing Date 19th Sept 06

Smile - £370 - Refunded in Full

Capitla One - £100 LBA 25/5

Virgin ? Data Protection Act 25/5

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My reply letter went as follows...........................

 

 

Further to your letter dated 24th May 2006

 

You requested information under PART 18 OF THE CIVIL PROCEDURE RULES from me, further information gathered by me states that PART 18 OF THE CIVIL PROCEDURE RULES does not apply to small claims track as you should know, however I am enclosing the information requested to try and clarify the situation.

 

I will also send a copy of this letter and a copy of the letter you sent me to the court.

 

I also sent them info gathered online about the rules, just to rub their noses in it further !

IT IS MINE !!!!!!!!

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Here is a sales pitch.

 

If you bought yourself a copy of judge Patricia Pearl's book, Small Claims Procedure: a Practical Guide you would stand less chance of being misled by solicitors who themselves appear not to be familiar with the civil procedure rules.

 

Have a look at my review in the Bookstall. You can buy directly from us using the links to the left of the forum or links in the bookstall. I really do wish a lot more people on this forum would use the book. They would feel much better about their litigation and they will be a lot less work for the people who are running this forum.

I must concur - the thought of reading a book about law is enough to put people off. Admittedly, it is not the next bestselling spy thriller, but it is an easy-going book to read, well laid out, and when you need to referene a certain word or topic, the information can be found very quickly...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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If i might ask, what sort of documents would you be required to send to the court as evidence ?

 

I assume the statements that you received from the DPA request ? If so, would that be enough ?

Lloyds TSB

Data Protection Act Sent 11/05/06

DPA Received 27/05/06

Charges and Interest calculations = £2932.47 (including costs)

Prelim Letter sent 30/05/06

First Refusal letter received 02/06/06

LBA Letter sent 05/06/06

Acknowledgment Received 07/06/06

Final Response Received 08/06/06

Claim Filed (6QZ42741) - 30/06/06

------------------------------------------------------------

Close Brothers (Warrior Group)

DPA Sent 30-05-06

DPA received 14/06/06

------------------------------------------------------------

Capital One - DPA requested 05/06/06

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  • 2 weeks later...

I recently made a claim online through moneyclaim online, the defendants expectedly have defended the claim, what concerns me is the reply from the court stating that no further action can be taken online and the case will be transferred to the appropriate court for continuation, I will be told shortly where the claim has been transferrred to shortly.

Is this normal practice using the moneyclaim online service ?

IT IS MINE !!!!!!!!

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I would've thought so, presumably you're waiting for a court date?

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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5 threads merged - please do not start a new thread for each question.

 

Have the bank filed a response? If so, this is the reason you cannot proceed online - there is nothing more to do online, you cannot obtain a default judgement as they have put in a defence - the only way the claim can now proceed is through your local court.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Just had letter from Lloyds solicitors in Brighton.asking for same as you but no mention of part 18! Sent off for the book bankfodder recommends by t judge.so i can reply correctly small ammount to pay really.going to carry on asking ? in my own bit

 

Nationwide first,Lloyds last but not least.

 

Why are they asking for specific dates and costs they allready have them on computer!D.P.A.!

 

lancsman

john r

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Please note that this topic has not had any new posts for the last 724 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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Thank you

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