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    • Just a little something for consideration When a card is compromised, the replacements can be set up to automatically allow or manually re-add, old recurring transactions. The card issuer may ask you to confirm legitimate transactions which they would effectively 'migrate' to the new card Some do - some don't. Some staff on some cards seem to be entirely unaware/uncaring about this. Some card issuers expect you to sort it all out manually.   BUT if the leak is an ongoing lyca leakas it seems - as soon as you or your CC supplier give it to lyca/the leak source - compromised again     A note on security DONT use the same email or phone number for your banking as you do for sims etc. Although a bank eg santander leak would compromise this Infp seems to suggest that single/compromised multi factor authentication customers are priority targets, with more robustly secure cards being hit by 0.00 tests first Consider that the email address is one of the OTP recieving options AND one of the OTP security checks prior to sending the OTP - with the phone number being another So if they've got your card and email (same email for banking and end contact) - and you aren't forcing a phone OTP - you are compromised.  
    • Thanks for posting up the back of the NTK. The good news s that as it does not comply with the Protection of Freedoms Act, it means that you are not liable for the charge as the keeper as I explained in a previous post.  The PC fails for two reasons. The first is that it does not specify the period of parking. All it does is list the arrival and departure times of your car. Obviously that does not include the time taken to drive to the car parking space, manoeuvre the car into the space and later drive from the space to the exit. Nor does their times include things like getting kids disabled people out of and into the car as well as things like returning the trolley whilst still being parked. All of which can add a fair bit of time to the parking period which can then be subtracted from their ANPR times and makes your actual parking time a lot shorter than 118 minutes they seem to think it is. The second reason is that they failed to ask the keeper to pay Schedule 4 Section 9 [2][e]  (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges You as keeper are now in the clear which is a good reason for you to contact Sainsbury  stating that you are being pursued as the keeper when you are not liable under the Act as well as the oher things I suggested in my previous post. If you don't get it cancelled with Sainsbury this could drag on for months with endless letters unlawfully pushing the price up to scare you into paying.  
    • Brilliant! That's great to hear and honestly pleased I'm wrong, my advice was out of concern. I checked some of your previous posts last night and you've been giving great advice to others at times. Bringing a claim can be serious (counter-claims etc) and it didn't appear you were knowledgeable based on posts so far. Far from an expert myself, just interested and will try to help. I'll sit on the sidelines, best of luck with the claim!
    • Thank you so much for the advice  I will try and up my savings to £500 for the next 6 months. Although I do still have an uphill battle, I feel more able to deal with it.  I hope my experience with the cifas marker helps someone else who finds themselves in that quite horrible situation. It is a huge weight off my shoulders getting it removed.
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HELP! XMAS Claim from CABOT / WRIGHT HASSALL CLAIM for old EGG Card


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Hi CB,

I'll keep it short I know you have a lot of posts to deal with.

 

disclosure lists exchanged, deadline for requests monday 4pm, WH emailed a request for everything friday so have 2 weeks to send docs to them.

If I felt i had to, can i get away with adding something else to the list at this late stage (e.g. cancellation of card agreement letter/original agreement etc.)?

 

thanks,

gf2k

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I really dont know the answer to your question. I will leave a message for andyorch for you. :)

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Apparently andyorch has already covered this in great detail within the thread, g2 !

 

If you intend holding evidence back then trying to hijack at the last minute, the court will probably not approve or be happy about it.

 

You can apparently do supplemental evidence, but will require the permission of both the court and claimant to do this.

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Thanks CB,

yes Andy was very helpful with the original disclosure question but this is a different question & nothing underhand, just whether it's still poss to add other docs to disclosure after lists exchanged.

no problem.

cheers

gf2k

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Thanks CB,

yes Andy was very helpful with the original disclosure question but this is a different question & nothing underhand, just whether it's still poss to add other docs to disclosure after lists exchanged.

no problem.

cheers

gf2k

 

I kind of think the answer is no, not without permission of the court and claimant :(

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4: Staying Calm About Debt  Read Here

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BCOBS

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Hi Andy,

Hope you're well.

 

I need some urgent advice re the pros & cons of accepting a Part 36 offer or a 'costs to date inclusive' offer (non-Part 36?)

 

Specifically I've had a c£16k Part 36 offer inclusive of interest but plus costs (c£2k) OR a c£17.5k non-Part 36 offer inclusive of costs-to-date.

 

WH made the P36 offer just under 21 days ago so I can still accept without incurring further costs, however after speaking with them yesterday re concerns over costs and wording if I accept I got the following email with what looks like a new non-Part 36(?) offer:

 

"We refer to our telephone conversation earlier today. Having reviewed the matter further, we confirm that our Client is willing to accept a settlement sum of £17,4**.** in full and final settlement of the Claim. This is inclusive of all costs to date. We note that you proposed that the Settlement Sum be paid by you in equal monthly instalments. In order to assess whether this offer is acceptable to the Claimant, and to assess whether the level of monthly instalments that are affordable to you, please complete the attached Income and Expenditure form.

 

Once you have completed the Income and Expenditure form please return it so that we can take instructions from the Claimant. If the Claimant accepts your offer to pay the Settlement Sum in the monthly instalments indicated in the Income and Expenditure form we will draft a Tomlin Order for your signature and arrange for this to be filed at Court. As previously discussed the use of a Tomlin Order would afford you the desired certainty with regards to the payment terms that we agree whilst also communicating to the Court that the matter has been settled without the need for a County Court Judgment and the risk of further enforcement action."

 

Both offers come to pretty much the same final total, but slightly less for the new costs-inclusive offer, so it's making me wonder why they seem to be stepping away from the Part 36 wording.

 

Is there any benefit to non-Part 36 for them going forward? i.e. leaving me open for costs/interest later?

 

Could they be trying to get me to accept this new offer so I miss the 21 days on the Part 36 offer?

 

The Witness Statements are due on Monday by 4pm so they say they need the I&E form back by 4pm today to reach a decision with the client, I have it ready but I'm not sure if I should still accept the Part 36 offer to be within the 21 days.

 

Would that be at all beneficial/preferrable to me?

Part 36 is money only(?) so restricts the wording of any Tomlin Order/Agreement correct? which they may not want

Part 36 usually requires 14 days or risk Judgment being entered but we've already discussed a longer term arrangement, so I can safely accept the Part 36 without forcing payment within the 14days?

 

Or am I over-thinking and should I just accept the new 'costs-to-date inclusive'/non P36 offer to put the whole thing on hold?

 

Really need to decide on this now so could you put me straight on the pros & cons please.

Thanks in advance.

Best,

GF 2k

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Hi GF..yes thank you ,extremely well......just a tad busy.

 

I really have not got the time to go into the complexity of the pitfalls and pluses of the part 36...so I will post you the following link which is extremely useful in considering your current position.

 

http://www.out-law.com/topics/dispute-resolution-and-litigation/settlement/part-36-offers-to-settle/

 

Hope that helps.....keep me updated.

 

Regards

 

Andy

We could do with some help from you.

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Thanks Andy and Ford,

 

Having considered the options and risks I've decided to accept the non-Part 36 offer pending Tomlin Order wording.

This is due on Monday before the 4pm deadline for Witness Statements to be submitted.

 

If I agree with and sign the TO do i just email the court that we have settled or do i still send a WS to be safe?

 

Thanks,

 

gf

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Normally that's the claimants responsibility to file and inform the court (TO)...Still submit your WS and stick to the timetable in the meantime.

 

Further useful link...

 

http://www.bsqcostslaw.com/bulletins/litigation-costs-guideline-hourly-rate-part-36again-and-discontinuance/

We could do with some help from you.

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It is standard form and acceptable wording in the main...I do agree with you that in a default situation they can apply to lift the stay and proceed straight to judgment is a concern and slightly against the standard wording...it is normal for parties to have liberty to apply to the court and seek recourse.

 

Its really here nor there as long as you don't default...and the claimant may face problems moving straight to judgment in the event of a default or an agreement on review cant be agreed in that the claim is stayed and a defence has been entered.

 

But if you have concerns then perhaps suggest that that part be revised to what I have advised.

 

Andy

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I will now unapprove your post GF as Tomlin Orders are confidential as per the term in the schedule.

We could do with some help from you.

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I will now approve your post GF as Tomlin Orders are confidential as per the term in the schedule.

 

Thanks Andy,

I'm posting the Tomlin Order in half an hour, should I date it or leave that for WH?

 

Thanks,

gf

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Date and sign it...did you get the recommended amendment included?

We could do with some help from you.

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As long as you never default ...no.

We could do with some help from you.

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Excellent ...please do then we can amend your thread title to settled GF

We could do with some help from you.

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