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    • Correcting a prior post. Oliver at least got fed every day didn't he. Tories will see the kids go without food for a week or two wont they.      
    • It was because the last day fell on a weekend so they had until the end of yesterday to reply. No reply and I have Requested Judgement this morning, I have requested full payment by the 3rd November. I think a week to for the to resolve is reasonable. I don't hold much hope of them even responding to that so feel it will need to be taken further.   What is my next step if I don't receive the full refund by 3rd November?
    • I did see that but I haven't seen any announcement.
    • Dodo is just a scapegoat - and well rewarded at that.   So here we are about 8 weeks and approaching 2 months from: (during which failing to even collect 250 spit samples a day  @£500M)   BBC Breakfast - Matt Hancock on coronavirus testing (03Sept20).mp4
    • Good morning,   Thanks for the reply.  This gym involves Legacy Leisure, the gym I use is Rutland Sports Park, though my account is linked to Friesland Sports Centre as that’s where I initially signed up (they have 5 different sites all working as one in this area).  It was a council owned and run gym before they brought in this third party to do it for them (and reduced the quality, but that’s a story for another day).   As suggested I have cancelled the direct debit.  I received another email last night telling me that they would freeze my account for a further 6 months for an ‘admin fee’ of £5 per month.  I will be telling them that’s not good enough.   Apparently I owe them £25 for an admin error on their behalf from about a year or so ago (they mentioned this at the time but said they would look in to it, and never mentioned it again).  I’m happy to pay what I owe outside of this £26 28-days notice fee.   So: what should I do next?   Thanks again,   Sam
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      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
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      • 3 replies
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      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
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      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
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      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
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series3 v MBNA/Optima


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Good luck for today Series3

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Just back...

I will put a report from today up later.....I have to be elsewhere now.

 

TIP...

Whatever you do...when talking to their sols before going in to the Judge..DO NOT shove a table at them in anger and DO NOT punch them.

 

back later

 

series3

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Just back...

I will put a report from today up later.....I have to be elsewhere now.

 

TIP...

Whatever you do...when talking to their sols before going in to the Judge..DO NOT shove a table at them in anger and DO NOT punch them.

 

back later

 

series3

 

Aggghh, you didnt ???

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

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

 

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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Just back...

I will put a report from today up later.....I have to be elsewhere now.

 

TIP...

Whatever you do...when talking to their sols before going in to the Judge..DO NOT shove a table at them in anger and DO NOT punch them.

 

back later

 

series3

 

OMG! I so wanted to do that...

 

C'mon, what happened! On t'edge of my seat, here... :)

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

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Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

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Just back...

I will put a report from today up later.....I have to be elsewhere now.

 

TIP...

Whatever you do...when talking to their sols before going in to the Judge..DO NOT shove a table at them in anger and DO NOT punch them.

 

back later

 

series3

 

OMG that is a joke right?

 

Suspense is killing me

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Really Sounds like Tabeling a Motion?

 

 

Wonder what was said by solicitor under their breath/out loud? could have a competition whilst awaiting what happened, pity I have to go out for a while?? for a start - Sugar?

Edited by Old Cogger
:mad2::-x:jaw::sad:
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Regarding the Amex case they should not be relying upon a judgement being appealed.

 

Always argue hearsay where the person makes a statement they could not possibly have been witnessed to.

 

"" The claimant avers that CPR PD 17 paragraph 7.3 only requires the original agreement to be produced where it is reasonable to do so. It is not reasonable to require the Claimant to keep original agreements from 2001 due to the sheer volume of paperwork that would be required."

 

You need this:

 

 

 

 

Sounds like you are on the ball with the other things.

 

wrong post sorry

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Did someone get a punch?

 

 

 

 

Of course not…lol…what sort of man do you think I am.

Here goes.

I arrived at court with an hour to spare. I took the time I had sitting in the car and had a read through the Amex v Brandon judgement. Half an hour to go. I lit a fag and wandered over to the court house. I have to say that I was very nervous at first.

Went to the waiting room, sat down and started flicking through some notes I printed out.

The claimants rep asked if I was series3 and we shook hands.

It was a young lady, she asked that we go and have a chat, I told her I didn’t want to but would listen to what she had to say.

She didn’t say too much really, just telling me what was going to happen and how she would be reading from the statement made by optima. Also that she didn’t work for MBNA.

After just 5 mins or so the usher came in and said the DJ was ready for us. I was still a little nervous at this point but I was already in the room.

We were introduced and I was asked to sit. He then started by telling her..”before we start I would like to say I have read the supplement statement and in it Mr Optima has asked that the defendants WS be inadmissible as it was late, (posted on the 13th) and only allowed them 4-5 days. I would like to say, it is admissible.” He then asked me about the supplement WS and the WS of Dianne powell, had I read them, I said I had and he asked if I would like an adjournment and needed more time.

I told him that I understood them and as mine was late to them (although I did e-mail them a copy)I was happy with them being allowed.

The nerves seemed to go, I felt totally relaxed. I now knew I hadn’t got a “bad” DJ. Quite the opposite.

He asked her to open.

She started reading from the WS and he was interrupting her, asking her to point out things on the agreement, then questioning her, asking her if she thought it would be better to deal with this at a trial. She was referring to the first WS, then the second WS with a bit from the other WS from powell.

Again he interrupted her, asking her what WS she was reading from.

By this time, I had papers and WS’s all over the place trying to keep up with her. Pen still in hand to make notes but didn’t get a chance to.

After another few paragraphs of the WS he finally stopped her and said. “You have asked for a half hour in court to have me make a decision. I have a pile of papers two inches thick that need to be looked at, you have two WS from mr optima and another from powell. Series 3 has another WS that we have to go through. There is no way we are going to reach a decision in that time.” I will adjourn until I am back at this court, now I have started to hear the application and will let you know when that will be, I have no idea as yet….

He asked me if that was ok and I agreed we had a lot to go through, she asked for wasted costs in case of an adjournment and he sort of smiled and she was told they would be sorted out next time.

He then asked me about costs and I told him I had faxed them yesterday to optima..he asked if the court had a copy, I said no but I have a copy here if you would like it. He declined and told me make sure a copy is also sent to court.

We said our thank you to the DJ and I dragged all my paperwork together bundled it into a folder and left the court room.

Again I and the opposition went into a side room, she asked if I knew what was meant by the DJ. I said that I had understood but was frustrated that I hadn’t been able to say anything. I told her I wanted to interrupt but bit my tongue. She did say that I would have a turn. We shook hands and she said she might see me next time or it may be another sol.

Apart from me getting a coffee (mouth was really dry) on the way out from the court café that’s about it.

I really can’t wait to go back and have my say. I was not looking forward to this experience at all. Bring it on MBNA.

I also now have time to read up and get more organised with my papers, ask more questions here and discuss the main points.

I would like to say thanks for the help so far and stay with me on this for a while longer.

I’m looking forwards to donating my costs here if/when awarded…that’s confidence for you huh?

Series 3.

Edited by Series3
revised version.

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I did. No where near as bad as I thought it would be. I have a DJ who wants to listen.

Now I need something to tell him..

If my advice helped you please click my star

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series3,

 

I think you can regard today as a win for you. Maybe not the battle but at least today's round. More importantly, you have had the experience of sitting before the judge in court. That is invaluable as firms like MBNA bank on defendants being so scarred at being in court that they don't explain themselves properly. You will be great at the next hearing.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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The good news here is that the Solicitor will report back to them that you are a very willing and able litigant - this is some times enough to force a settlement attempt.

 

If not, you know what to expect next time.

 

Did you say that the Judge reserved the file for themselves? If so, you're on to a winner, there, as they seem like a very 'Good' Judge - and there are some really, really 'bad' Judges out there! :)

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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yes, he will have to find 3 hours the next time he gets to my court. As he had already began to hear it, it would want to carry on. He did ask her alot of questions about what she was saying from the WS and also pointed some things out in the "white book" to her.

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Sounds like you had a good Judge. More importantly you had a test run and did yourself proud. As Car says, it is good news that the Judge has reserved the file at least you will feel comfortable with a familiar face.

 

Well done.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

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

 

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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  • 2 weeks later...

Just back from a camping trip..had a blast.

thought I would have heard something from the court or even Optima but nothing yet.

How long does it take?.

If my advice helped you please click my star

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  • 3 weeks later...
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