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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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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      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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Lurker1 v Abbey


lurker1
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usually the hearing date is about two to three months after you receive letter. once all AQ's are filed and so on it takes about three weeks for them to send you a letter with a hearing date.

 

judge gave me two hours slot for mine

missphant :razz::D

 

claim commenced 05.06.06

court hearing on 08.12.06

abbey settled in full before the hearing...yippee :cool:

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yeah you are right I need to be sensible - damn I was having some fun as well, I will try to compose a more grounded email back to her.

 

Allocation questionnaires were to be in today, both myself and the shabbey have returned them, just waiting for Abbey to send me a copy of theirs - so its now down to when a judge is available to look at it and decide on a hearing etc anyone any ideas on timescales, I am guessing this will drag on for a few months yet.

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court bundle is due in at least two weeks prior to hearing date so you'll need to start putting that together. (PM me if you need help - or put your query on thread). about a month to three weeks before hearing send letter to judge requesting disclosure of costs from abbey

missphant :razz::D

 

claim commenced 05.06.06

court hearing on 08.12.06

abbey settled in full before the hearing...yippee :cool:

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just waiting for Abbey to send me a copy of theirs .

 

i'll eat my hat if they send you a copy of their AQ!!

missphant :razz::D

 

claim commenced 05.06.06

court hearing on 08.12.06

abbey settled in full before the hearing...yippee :cool:

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Did you ask for standard disclosure? That's always a way of speeding things up. But i doubt it will get to hearing. we're finding, with NatWest, that settlement is usually about 33 days after AQ. But don't depend on it, either way!

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Hi, Lurker

Now I've stopped giggling, I have a sensible suggestiont o make regarding your wording to Abbey.

 

Dear (Abbey)

 

(reference - a/c no., etc)

 

Thank you for your recent communications.

 

I am surprised that you have even asked me to 'make you an offer' in connection with this matter. May I remind you that I am the Claimant. If you, as the Defendant, wish to make me a sensible and realistic offer to avoid the costs, inconvenience and potential embarrassment of a court appearance, I will be prepared to entertain it. I will expect that you would provide me with details of your actual costs incurred in dealing with these matters, in order that I can arrive at an informed view on the amount that should be returned to me, if you propose less than my total claim.

 

What I am not prepared to do is enter into spurious and protracted negotiations that will, on past experience, merely waste time and introduce further delay. I have given you plenty of opportunity to enter into serious negotiations. You have failed to take any opportunity offered to you, even to the point of ignoring legal action. Nonetheless, I am prepared to offer you the chance to settle my claim before the court date.

 

If you would be kind enough to forward your offer to me, in writing, together with accurate details (I put you to strict proof on this) of costs incurred in dealing with the cheque referrals, direct debit and standing order refusals, 'account management fees' and any and all other charges levied against my account, then I shall consider it. Any offer you make should recognise, in addition, expenses I have already incurred, including court costs and execution of the bailiff's warrant.

 

What I will not do is delay the timetable of action any further.

 

Yours sincerely/faithfully.

 

 

Whaddya think? Butch enough?

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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i'll eat my hat if they send you a copy of their AQ!!

 

Does this apply to all abbey claims?

 

If so start eating your hats girls!!!

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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I never got a copy of their AQ, and i don't expect I will get one for my current claim either :p and I bet that Missphant didn't either

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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nope i most certainly didn't!!! thought it quite rude that we send them duplicates of everything and they can't be arsed!

missphant :razz::D

 

claim commenced 05.06.06

court hearing on 08.12.06

abbey settled in full before the hearing...yippee :cool:

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Hi, Lurker

Now I've stopped giggling, I have a sensible suggestiont o make regarding your wording to Abbey.

 

Dear (Abbey)

 

(reference - a/c no., etc)

 

Thank you for your recent communications.

 

I am surprised that you have even asked me to 'make you an offer' in connection with this matter. May I remind you that I am the Claimant. If you, as the Defendant, wish to make me a sensible and realistic offer to avoid the costs, inconvenience and potential embarrassment of a court appearance, I will be prepared to entertain it. I will expect that you would provide me with details of your actual costs incurred in dealing with these matters, in order that I can arrive at an informed view on the amount that should be returned to me, if you propose less than my total claim.

 

What I am not prepared to do is enter into spurious and protracted negotiations that will, on past experience, merely waste time and introduce further delay. I have given you plenty of opportunity to enter into serious negotiations. You have failed to take any opportunity offered to you, even to the point of ignoring legal action. Nonetheless, I am prepared to offer you the chance to settle my claim before the court date.

 

If you would be kind enough to forward your offer to me, in writing, together with accurate details (I put you to strict proof on this) of costs incurred in dealing with the cheque referrals, direct debit and standing order refusals, 'account management fees' and any and all other charges levied against my account, then I shall consider it. Any offer you make should recognise, in addition, expenses I have already incurred, including court costs and execution of the bailiff's warrant.

 

What I will not do is delay the timetable of action any further.

 

Yours sincerely/faithfully.

 

 

Whaddya think? Butch enough?

 

I like it, tough and manly, what are the odds on receiving an answer to this? LOL I think it will be "cheque is in the post" :razz:

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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"I like it, tough and manly"

 

I am, Lula, I am.:D

 

westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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No, that comes later, in a Bangkok nightclub.

:D:D:D

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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I never got a copy of their AQ, and i don't expect I will get one for my current claim either :p and I bet that Missphant didn't either

 

Lula

 

I got one for my claim against abbey, mind you it was nearly a month late and only after the court ordered them to fill it out or risk being struck out.

 

Glenn

 

PS does this mean theres going to be a hat eating contest between you two now?

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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I did request standard disclosure in my allocation questionnaire, and also sent in a CPR18 request for further information (break down of charges etc), I pressed Inga and asked if they would reply to my request and after several calls and emails she said they wouldnt and referenced me to CPR27 (dont have to if issued to small claims track) - I came back and said the case hadnt been issued to any track as of yet - to which she replied "I cant provide you with legal advice" - very strange reply, so now I am writing again to the Judge requesting the court orders them to answer the CPR18 or again request they order standard disclosure - hopefully this will speed the response up from the lovely lady at Abbey.

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Well, disclosure isnt automatic in the SCC, but should you ask it, the judge will generally grant it, so ya boo sucks Inga!!!:D

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Lurker

 

FWIW i wouldn't be surprised if the court didn't order them to comply if the case is allocated to the SCC.

 

Since CPR 18 would only apply as you know to fast track or higher and we are supposed to write to the other party before requesting the courts to make the order.

 

I suspect that the court would only order compliance if they felt that the request was a genuine request based on 'clarification and further information' on the defence and that the case was going to be allocated to the fast track.

 

i think you need to make a formal request using a suitable form (N244?) before they will act anyway.

 

If they do accept the request then i suspect the time they give the defendant would be based on the information requested.

 

Be interested to know what they may have done in other cases, i think that those of use who have served CPR18 requests on defendants are acting as guinea pigs on this one.

 

I haven't had a response from the two defendants i have served them on.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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The courts increasingly seem to be aware that ordering standard disclosure has a habit of geeing the banks along to settlement, so you may well be lucky and have a judge who will do that.

I believe that if you've asked for standard disclosure under Section G(?) - isn't in front of me @mo) that is normally sufficient but the court will tell you if they want anything else.

Glenn - have you chased the two you've served CPR 18s on, either directly or through the court?

And lurker, you're very welcome. Glad it was useful.

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Westy

 

the first was to abbey via dla piper. apart from when piper submitted the defence i hadn't heard anything from them despite writing several letters including chasing CPR18 request. I have no idea formally whether abbey are defending themselves or leaving this to DLA piper since they haven't complied with the relevant CPR in that respect yet. Only letter Ive had from abbey was a threat to ask for costs if i asked the court for their defence to be struck out, nice!!

 

They may do since i have pointed it out to them and copied the courts in too, you'd think they could organise this between two law practices wouldn't you?

 

The second CPR 18 request was for Barclaycard and i am not certain the time frame mentioned has expired yet, will check and chase as necessary.

 

Interesting comments about the standard disclosure, i have asked with the abbey claim since this has gone the furthest i have the B/Card AQ to do this weekend so will add the appropriate information in there.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hi Glenn

 

Have a look at the NatWest forum. There are a few who've asked for standard disclosure and it has speeded things up. Also, a big supposed 'test case' hearing at the Mercantile Court in Cardiff on 21 December has led to a flurry of cheques arriving over the past few days, from LTSB, NW and BArclays and others.

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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