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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
    • 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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Why don't you have a word with one of these Tide http://www.sra.org.uk/documents/solicitors/cpd/find-cpd-providers/costs.pdf one of them will tell you how to deal with it...just don't pick the one you are fighting against - actually, maybe you should and use it in evidence against them ! :D

He, he, he, looks like more fun to be had here. I feel an investigation coming on.

 

Bona, these are being assessed and have tripled since the last hearing. They are claiming 24 hours just to look at one document!!!

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Hi Tide,

 

Unfortunately the Law Society would not be interested in your complaints - even though they would be well founded!

 

Had a quick word with my relly who says it would need to be "a very substantial document" to warrant 24 hours worth or work on it.... you only recourse is through the courts and asking the court to assess what is reasonable.

 

Did they get awarded costs then?

 

Jody

Jody123

Please note I have no legal training - the information I have has been gleaned from too many hours on this site! :-)

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Hi Tide,

 

I've responded. Thanks. I believe that once you have a barrister on board and have proven your case on the other points then your costs will be a lot more than theirs. And don't forget that you have your hourly rate to charge too for all the work that you have done up to this point....what's your hourly rate - £250.00?

 

Jody

Jody123

Please note I have no legal training - the information I have has been gleaned from too many hours on this site! :-)

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Hi Jo,

 

They cannot claim for any costs prior to litigation, nor can I. I can claim for other losses, wages, travel etc but these are limited and are at the discretion of the Court.

 

The position with respect to claiming interest has not been clarified, simple or compound, nor has any time limit for claiming interest been identified.

 

Does anybody have any more knowledge in this area?

 

Tide

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Hey Tide,

 

As far as I can tell you can still claim interest and damages if the action was brought within six years of the sale - i.e. the point that the underselling occurred. Or the point that you were aware how much it was undersold by (i.e. when they sent you a completion statement?) It would only be statute barred after six years:

 

Statute of Limitations:

 

20 (5) Subject to subsections (6) and (7) below, no action to recover arrears of interest payable in respect of any sum of money secured by a mortgage or other charge or payable in respect of proceeds of the sale of land, or to recover damages in respect of such arrears shall be brought after the expiration of six years from the date on which the interest became due.

 

(6) Where--

 

(a) a prior mortgagee or other incumbrancer has been in possession of the property charged; and

 

(b) an action is brought within one year of the discontinuance of that possession by the subsequent incumbrancer; the subsequent incumbrancer may recover by that action all the arrears of interest which fell due during the period of possession by the prior incumbrancer or damages in respect of those arrears, notwithstanding that the period exceeded six years.

 

 

Anyone else want to comment?

 

Jody

Jody123

Please note I have no legal training - the information I have has been gleaned from too many hours on this site! :-)

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Sir James Crosby, deputy chairman of the Financial Services Authority and formerly the chief executive of HBOS, the troubled mortgage provider, was commissioned by the Treasury to look at options for improving the mortgage-backed securities (MBS) market, which imploded last year at the onset of the credit crisis.

 

Who said the FSA is independent?

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Ok with regard to costs

at the end of the case the Judge will make an order for costs to be assessed if not agreed they will have to give you a breakdown of the costs and oh boy it will be enlightning GMACs ran to about 80 pages

you are then give a period of time to list the disputed items and why and put how much you for example We had our hearing in the High Court in London the Solictor maintained that he had to travell to London for the hearing £800.00 we said No you didnt you had a Barrister an agent from your London firm could have done it we won there were lots of other points we contested we got £23,000 off the costs

a third. Interest is only applied from the date the court order for costs to be assessed is made Im not sure exactly where you are at with the costs but I hope that helps we had 3 days of cost hearing over several months

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  • 3 weeks later...

LSC Website : CLS news

 

Emergency legal aid schemes for people facing repossession of their homes are to be set up in 20 more county courts with still more court schemes in the pipeline.

There are already LSC-funded schemes covering 94 courts around the country.

 

Don't know how much help this would give somebody, but says a bit about the shape of things to come!

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  • 2 weeks later...

HI Tide,

 

just wondered where you were at with your case? Are you able to provide an update?

 

Jody

Jody123

Please note I have no legal training - the information I have has been gleaned from too many hours on this site! :-)

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  • 3 weeks later...
  • 2 months later...

Hi Tide Turner are you there?

 

there is a poster on possessions forum that could do with your expertise.

 

And how are you doing?

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Subscribing,

Lowell Financial (Monument) No CCA - File Closed ** WON**:D

1st Credit (Citi Financial) No CCA - Credit Report Marked 'Satisfied' ** WON **:D

American Express No CCA - Pending

RBS Mint No CCA - Pending

CL Finance (Morgan Stanley) No CCA - In Court:eek:

HSBC - No CCA - In Court:eek:

Link Financial (MBNA) No CCA - Pending

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  • 1 month later...
Hi Tide Turner

 

Where have you gone... I could really do with your help/advice....... although reading your thread has already opened my eyes to alot........

 

Thanks for that bit........

 

Sorry I've had a temporary mis-placement (or a couple of them). Do you have a link to your thread?

 

PS Hi to all my friends, update and contact to follow shortly

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Hi glad to see you back.

 

How is everything going with you?

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 2 weeks later...
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