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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Marty vs RBS***WON***


marty1980
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Right i thought id start a thread with my story...

 

STAGE 1

Well i asked for my statements which arrived via a £5 bank deduction and the total they owed me was £1476.

 

STAGE 2

So i send a preliminary letter asking for refund of said monies to my local branch in St Helens. Tommy McLean replied 2 days over the 14 and said basically "we differ with your views expressed.... we will not be refunding any charges applied to you account"

 

STAGE 3

Then i used the spreadsheet template and inputted all my data onto that and sent the second letter threatening legal action. Its been 14 days today and i have heard nothing at all.

 

STAGE 4

So the next step is the court claim. I have just got my letter together and the address of who to send it to. Ive listed it below so if i have done anything wrong please let me know. Also before i proceed with my court claim, my 8% interest comes to an additonal £512, i did this on the spreadsheet template so i hope its correct.

 

Heres what ive put together with the help of a few threads on here... stay with me...

 

KAY STANBRIDGE

RBS LITIGATION

1 PRINCESS STREET

LONDON

EC2R 8PB

Claimant has account 10026509 with Defendant from September 1996 conducted on their standard terms and conditions. Claimant is claiming the return of money taken by Defendant in charges over 6 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests.

Claimant claims a return in full of the amounts debited of £1476.98; Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year on the claim total which currently amounts to (£512.63).

 

So im just after a bit of confidence really, does this sound ok and should i definitely go ahead with the claim.

 

Has anyone ever lost?

 

Thanks for any input or advice in advance.

 

Marty

RBS :£1,500

- Rang asking for statments 1st Sept 2006

- Received statements 8th Sept 2006

- Sent prelim letter 11th Sept 2006

- Received polite NO from T.MacLean 20th Sept 2006

- LBA sent off 26th Sept

- Received letter 3rd Oct, another polite refusal

- Court Action - 10th Oct.

- Claim Acknowledged - 20th Oct

- Defence Filed - 15th Nov

- AQ requested and lett filled in and sent back - 20th Nov

*Copy of Cobbetts AQ filled in asking for even more info??....*

 

 

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Guest NATTIE

Seems like you have followed the advice here and are textbook on the way you should claim so Welcome and Good Luck

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Well done and good luck

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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Thanks very much for your replies. Il start proceedings tomorrow.

 

Il keep this thread updated.

 

Has anyone actually been to court by the way?

RBS :£1,500

- Rang asking for statments 1st Sept 2006

- Received statements 8th Sept 2006

- Sent prelim letter 11th Sept 2006

- Received polite NO from T.MacLean 20th Sept 2006

- LBA sent off 26th Sept

- Received letter 3rd Oct, another polite refusal

- Court Action - 10th Oct.

- Claim Acknowledged - 20th Oct

- Defence Filed - 15th Nov

- AQ requested and lett filled in and sent back - 20th Nov

*Copy of Cobbetts AQ filled in asking for even more info??....*

 

 

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  • 2 weeks later...

Still waiting for any kind of response. 14 days is up on Tuesday, tick tock RBS.

RBS :£1,500

- Rang asking for statments 1st Sept 2006

- Received statements 8th Sept 2006

- Sent prelim letter 11th Sept 2006

- Received polite NO from T.MacLean 20th Sept 2006

- LBA sent off 26th Sept

- Received letter 3rd Oct, another polite refusal

- Court Action - 10th Oct.

- Claim Acknowledged - 20th Oct

- Defence Filed - 15th Nov

- AQ requested and lett filled in and sent back - 20th Nov

*Copy of Cobbetts AQ filled in asking for even more info??....*

 

 

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  • 4 weeks later...

UPDATE

 

Well i filed my court claim and received back an aknowledgement that they are going to contest this and they have 28 days to file a defence. The 28 days is up next Tuesday 21st Nov.

 

Im sticking with it but ive not even had 1 offer or anything. Reading everyone elses they seem to have had at least an offer of some sort. Im a bit concerned.

 

Marty

RBS :£1,500

- Rang asking for statments 1st Sept 2006

- Received statements 8th Sept 2006

- Sent prelim letter 11th Sept 2006

- Received polite NO from T.MacLean 20th Sept 2006

- LBA sent off 26th Sept

- Received letter 3rd Oct, another polite refusal

- Court Action - 10th Oct.

- Claim Acknowledged - 20th Oct

- Defence Filed - 15th Nov

- AQ requested and lett filled in and sent back - 20th Nov

*Copy of Cobbetts AQ filled in asking for even more info??....*

 

 

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Well right on que a letter from Cobbetts turned up asking for a CPR part 18 etc etc a fairly standard response now i think. I was quite worried when i saw the letter but now ive had time to digest it all i think ive got my head round it *thanks Martin!!*

 

Right anyway heres my reponses and i just wanted to check they sounded ok and contained no schoolboy errors before sending...

Ive also filled in a AQ for the court as per the instructions on this site.

______________________________________________________________

Letter one to RBS solicitors...

 

 

Dear Sir or Madam,

 

 

Claim No: ********

 

I Acknowledge the receipt of the defence posted on behalf of Royal Bank Of Scotland plc.

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative.

Furthermore I consider that the CPR part 18 request is a delaying and intimidatory tactic and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

 

Account Name:

Account number:

Sort Code:

 

Please also find enclosed, again for clarification, a breakdown of all charges I am claiming for. I am prepared to furnish any additional information to the court should the Judge request it later.

 

 

Yours Faithfully

____________________________________________________________

 

Letter 2 to the court....

 

To the court manager,

 

Claim No: ******** v Royal Bank Scotland plc

 

I am extremely concerned to receive the request from the defence in this case.

I believe I have already submitted the information they request. In addition they are demanding that I fill in a CPR part 18 when, as I am aware, this is not a needed pre-allocation.

I consider this to be intimidation and wish to bring to the courts attention.

 

Yours Faithfully,

_____________________________________________________________

 

I hope this also helps anyone else who was like myself and very unsure of the next step.

 

Any feedback much appreciated.

RBS :£1,500

- Rang asking for statments 1st Sept 2006

- Received statements 8th Sept 2006

- Sent prelim letter 11th Sept 2006

- Received polite NO from T.MacLean 20th Sept 2006

- LBA sent off 26th Sept

- Received letter 3rd Oct, another polite refusal

- Court Action - 10th Oct.

- Claim Acknowledged - 20th Oct

- Defence Filed - 15th Nov

- AQ requested and lett filled in and sent back - 20th Nov

*Copy of Cobbetts AQ filled in asking for even more info??....*

 

 

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Well right on que a letter from Cobbetts turned up asking for a CPR part 18 etc etc a fairly standard response now i think. I was quite worried when i saw the letter but now ive had time to digest it all i think ive got my head round it *thanks Martin!!*

 

Right anyway heres my reponses and i just wanted to check they sounded ok and contained no schoolboy errors before sending...

Ive also filled in a AQ for the court as per the instructions on this site.

______________________________________________________________

Letter one to RBS solicitors...

 

 

Dear Sir or Madam,

 

 

Claim No: ********

 

I Acknowledge the receipt of the defence posted on behalf of Royal Bank Of Scotland plc.

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative.

Furthermore I consider that the CPR part 18 request is a delaying and intimidatory tactic and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

 

Account Name:

Account number:

Sort Code:

 

Please also find enclosed, again for clarification, a breakdown of all charges I am claiming for. I am prepared to furnish any additional information to the court should the Judge request it later.

 

 

Yours Faithfully

____________________________________________________________

 

Letter 2 to the court....

 

To the court manager,

 

Claim No: ******** v Royal Bank Scotland plc

 

I am extremely concerned to receive the request from the defence in this case.

I believe I have already submitted the information they request. In addition they are demanding that I fill in a CPR part 18 when, as I am aware, this is not a needed pre-allocation.

I consider this to be intimidation and wish to bring to the courts attention.

 

Yours Faithfully,

_____________________________________________________________

 

I hope this also helps anyone else who was like myself and very unsure of the next step.

 

Any feedback much appreciated.

 

 

Yep fine Marty Just one thing..........on the bottom of your letter to Cobbetts......write ; copy sent to ........County Court

 

This lets them see that you dont take their requests lightly.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

UPDATE

 

Right i sent those letters off above and about a week later received my FIRST formal offer of 1000 via Cobblers. Now as my claim is about double that amount i wrote the standard response letter stating that i would only accept this as part payment.

 

Now today i get home and receive a copy of Cobblers Allocation Questionnaire that they have sent to the court. In the other information bit it states this...

 

Case Management directions cannot be proposed until the claimant serves a reply to the request for further information which was due on 29th November 2006. In light of this, the defendant may amend its first defence or apply a strike out.

 

Now i did everything by the book, i sent them the letters above with ANOTHER copy of my charges attached and now they send me this? What more do they want from me.

 

Any help appreciated..

RBS :£1,500

- Rang asking for statments 1st Sept 2006

- Received statements 8th Sept 2006

- Sent prelim letter 11th Sept 2006

- Received polite NO from T.MacLean 20th Sept 2006

- LBA sent off 26th Sept

- Received letter 3rd Oct, another polite refusal

- Court Action - 10th Oct.

- Claim Acknowledged - 20th Oct

- Defence Filed - 15th Nov

- AQ requested and lett filled in and sent back - 20th Nov

*Copy of Cobbetts AQ filled in asking for even more info??....*

 

 

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Anyone been in this situation before??

 

Any help appreciated.

RBS :£1,500

- Rang asking for statments 1st Sept 2006

- Received statements 8th Sept 2006

- Sent prelim letter 11th Sept 2006

- Received polite NO from T.MacLean 20th Sept 2006

- LBA sent off 26th Sept

- Received letter 3rd Oct, another polite refusal

- Court Action - 10th Oct.

- Claim Acknowledged - 20th Oct

- Defence Filed - 15th Nov

- AQ requested and lett filled in and sent back - 20th Nov

*Copy of Cobbetts AQ filled in asking for even more info??....*

 

 

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Its something we HAVE seen before Marty.

In fact this seems to be common practice.

We have already got standard responses to this.

You responded to their Cpr part 18 refusing to furnish that as a non requirement.Have a look through this thread.

It may throw up a few answers.

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 months later...

CONGRATULATIONS !!!!!

Well done ....see my pm about your defaults issues.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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WE HAVE A WINNER!!

 

I finally got a cheque through the post from our favourite Solicitors for the full amount of the claim.

 

It took me since September 2006 but i got there in the end. I was beginning to lose all hope to be honest so for anyone who is in that boat, stick to your guns!!!! I got this cheque roughly 3 weeks before my court date.

 

A big thanks to Martin for all your help, a great guy and very helpful.

 

What can i say, thanks!

 

Donation to follow!

RBS :£1,500

- Rang asking for statments 1st Sept 2006

- Received statements 8th Sept 2006

- Sent prelim letter 11th Sept 2006

- Received polite NO from T.MacLean 20th Sept 2006

- LBA sent off 26th Sept

- Received letter 3rd Oct, another polite refusal

- Court Action - 10th Oct.

- Claim Acknowledged - 20th Oct

- Defence Filed - 15th Nov

- AQ requested and lett filled in and sent back - 20th Nov

*Copy of Cobbetts AQ filled in asking for even more info??....*

 

 

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