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    • as i said in post 2 you do not appeal stop reading other forums read the threads here i pointed you too   await the ntk.   dx  
    • Growth in the July to September quarter was weaker than expected, suggesting the recovery is losing steam.View the full article
    • I've also seen it mentioned that the two parts of Ireland becoming closer is concerning HMG.   And that NI still coming under EU rules for trade could be showing that it's better to be in the EU than in Brexit Britain. If people start to think it shows Brexit isn't working, that's going to be a problem for Johnson et al.
    • You won't be able to bring a counterclaim unless you can produce a properly structured assessment of losses or costs or ancillary expenses and you will need to do this by producing at least written assessment et cetera as I have indicated above. Two of them would be much better. A court won't entertain a counterclaim simply based on your own speculation as to your possible costs. I understand very well that your preference would be to write off the entire job including all of the materials that were supplied and for you to recover your outlay for those materials but I think in order to do that you would have to show that you have acquired no value from those materials and once again I think that you would need an expert assessment which explained why the materials were completely wasted and that you would have to start from zero. You can be certain that the claimant will attempt to say that you have received value and in fact that the items which have been supplied or already installed can still be used. I'm afraid that because the attempt to arrange this contract as a cash only agreement inevitably invites the scepticism of the court, I think the court may well be open to consider arguments that the items which have already been supplied are of use to you. If you can get expert confirmation that the supplied materials are now of no use whatsoever, then you will also have to get a quote for uninstalling them and returning them to the claimant. This means that the whole thing is getting even more complicated. I do think that your best interests would be to discuss the matter with your new installer and to see what items which have been already supplied can be used to finish the project – and then to try and deal with the claimant in respect of those on the basis that the case would be withdrawn and everybody would walk away. I think it's time to start abandoning some of this rancour between you because it isn't helping and it won't impress anybody. Don't underestimate the disapproval that will be felt by the court when they get to know about the cash arrangement and this won't be helped by the fact that you then went ahead to try and get receipts. I understand very well that you say that you simply provided money and that in fact you were the purchaser of the items directly from the retailer – but there is no evidence for that and it would be an unusual arrangement and I think the court might express scepticism about that as well. I think we have to bear in mind your credibility in this – and I think that it is rather fragile at the moment. If you came up with a sensible business- like idea about how to put this one to bed and then put it to the claimant and also mention the fact that as he was involved in a cash only transaction, he also might find that he is incurring the displeasure of the court – particularly as he is the claimant, he might feel inclined to try and wrap it all up and bring it to an end. I think the next thing you must do is to get an expert report as I've already suggested above. You will need to do this anyway. If you don't have an expert report then even if you happen to win your argument that there is a breach of contract, the assessment of how much you win will be impossible for the court to decide. The court will absolutely want expert assessments. So you need an assessment as to the work which has been carried out so far and the work needed and costs involved to carry out the job. You need an assessment as to the usability or otherwise of the equipment which has been supplied. At least that for the moment. I don't think it is possible to do much more until you have this information. If you can get the information then we can decide what to do. Obviously I don't know anything about the subject, but I can't imagine that all of the equipment which has been supplied is useless. It could only be useless if you suddenly say that you want an entirely different system of gates – but on that matter, you are bound by your expectation in the contract and you would only be entitled to install a similar system using similar equipment.  
    • I wonder whether part of the UK issue with current NI protocol, is that it is enabling a better trading environment between Ireland and Northern Ireland.     Northern Irish businesses have anticipated import/export issues with Great Britain, so now trade with Ireland or via Ireland.   Apparently reports are that some Northern Irish businesses have seen an increase in trade. It is only businesses that mostly sell British fresh produce that have been affected by border controls  and even then, they could swap to local produce.   Agree that UK Government are using argument with EU as a convenient distraction, but also there must be a worry about increased risk of a united Ireland, as a indirect consequence of Brexit.
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re overdraft in HSBC


chkaijo
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I'd keep bumping your post up to see if you can get help from a mod or site helper - don't leave it because with a claim like that you have no chance - it doesn't mention any of the legal principles that you are relying on. However, I still don't know if that is something you can get around by maybe waiting and replying to their defence which will inevitably say that you have not established your claim.

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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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chkaijo, that's brilliant information - you can even get a copy of the form on his thread - and it looks easy to follow - you will be able to do it no problem. i think my phone call scenario is looking less and less viable but no harm in trying - you need to have a good copy of the particulars ready in case they bite - but if they don't. just move straight to gary's thread and follow all the really good advise about amending. better to spend the 35 pounds than to loose the 120 and the money you are trying to get back. this is achievable - do not give up whatever you do. just get yourself together and see it through. write back if you need help, but it is going to be mainly you doing it - and those instructions are very well written and easy to follow - you'll be able to do it, i know it!!!!! when you have them on the phone monday and if they say no, it will take an amendment - just check with them that you send the finished form to them by post for an mcol claim.

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Hey,

thank you very much. i was getting really dispondent and was wishing i had settle for the first amount that Mr Collin Langdale had offered. However Lats thanks for the support and encouragement. Gary H you are wonderful for the link about amending my particulars. Will do it sometime in the early hours of the morning. when I am rested and less prone to make mistakes and baby is asleep;) . Lats i will take you up on your offer to pm you on Sunday to check it out the particulars of my claim before I send it if that is ok???

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Hope you manage to sort it all out. You should'nt have a problem so long as you follow the guide, but if you need a hand your welcome to give me a shout.

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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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called the consumer help desk re my POC. advised that i sent an amendment to my original POC to Northhamton courts where my MCOL was sent to via the post. I was requested to send 1 copy of the N1 form, and 1 copy of the N224 amendment form. then i was informed that the form will go before a judge in which a seal will be put on it and it will then be posted back to me and get this i have to serve it to HSBC bank themselves:( :eek:. I did ask if i can serve hand the POC to my local court and the answer was NO i have to send it to them.

A bit confusing as to the amount of copies i have to send though???

should i stillsend three copies despite what the consumer desk stated to me???:confused:

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hi chkaijo, that is the correct name of the regs. Only Gary's template particulars quote it as the Unfair Contract Terms in Consumer Contracts Regulations 1999.

 

Sorry Gary I meant to send you a PM about this and forgot.

 

Ooops! Oh yes, so they do. That was in actual fact a copy and paste from the templates library, which is still carrying the same error - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Well spotted - I wonder how long the template's been like that for?:eek: I'll get a mod to sort it out.

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Hi Gary I had spotted that mistake before on the mcol template and PMd jonni2bad about it which led to it being corrected but I hadn't realised it was also showing like that on the N1 template.

 

chkaijo, it wouldn't do any harm to send them more copies than they've asked for, just in case the clerk made an error, but when you get your copy back just post it recorded delivery to the bank's registered office, making sure that you take a photocopy of it all first.

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I've corrected it on my amendment guide and also informed a mod, who will change the template shortly.

 

Thanks for pointing it out.

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Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi everyone,

update, i have been busy

 

recieved from hsbc for original offer except court fees on the 9th january. was concerned as what to do so I called the bank, spoke to Mr Pretty who said they would pay all my court fees plus the original sum. he suggested i made a note of this on the acceptance form. I decided that i would accept this offer once my court fees was paid . I sent off the letter that same day. IN the letter suggested allow 7 days for account to be credited. these seven days would be up on thursday . additionally I withdraw my N244 as i accepted hsbc offer. Did I do the right thing? advise please??? considering everything in this post.

 

in the mean time i have received a notice that acknowledgement of service has been filed dated the 10.1.07. this states that the defendant has 28 days from the date of service of the claim form to file a defence.

i have written a letter to HSBC lawyers which i have included.

please advised me accordingly about this letter. I am due to send this today. thanks

 

my address

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

15/01/07

Dear Deborah D'Aubney,

Re: account number xxxxxxxxxxxxxxxxx

Claim number xxxxxxxxxxxxx

I accepted the Banks offer of £1398.00 on the 9/01/07 the letter, was sent off to me on the 8/01/07. However I spoke to a Mr Allan Pretty that same day and requested that my court fees also be refunded to me which is £120.00. Mr Pretty acknowledged my request and suggested I add it on to the part that I have signed which I did. I also added that I accept this offer unconditionally expecting the payment of my court fees to be paid. Additionally the paper work suggested I allow 7 working days which should be up by the Thursday 18th or Friday 19th of January 2007.

HSBC may be processing another charge to my account of prior to 17 Jan, since my claim was filed with the court. I am of course anticipating that your client will settle my claim, in the same way that it has settled all claims of this nature; therefore please obtain your client's instructions to include any further charge within the settlement figure. This will save your client additional costs and a court fee of £30, if I have to raise a separate action for the recovery of any charge.

If this money is not deposited in my account by this time, I will continue to pursue the claim in court for full amount stated, plus any further charges and interest and cost, without further notice. Since not sticking to your 7 working days will constitute you not keeping your word. I hope that this will not be necessary and look forward to resolving this with you.

I enclose a schedule of charges which includes 8% interest which I would be claiming for if my court fees are not added on.

Yours Faithfully

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