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    • Yes I take on board that is legally feasible but this is a small claim track claim and would rather over complicate matters when the claim can easily be defended on the facts provided. Also that ship has sailed and permission would be required to submit a Part 20 and add a party to the claim now given that acknowledgment and defence has been submitted and claim allocated and a statement is due by this Monday.    Assignee claims are easily defended because they simply lack the knowledge of disputed debts and what the original creditor has provided in following the correct legal process to enable a valid claim by an assignee.   In this case...as far as I'm aware no Pre Action Protocol followed no Default Notice ever served, breaches of the Consumer Rights Act 2015 as a service was never provided by the dissolved company.   I cant see any court awarding judgment for debt given the facts above.   Best to keep it simple mantis.   Andy
    • Hello, welcome to CAG. I'm going to move your thread to our main Benefits forum and leave you a link to follow.   Have you tried one of the benefits checkers online? turn2us is a good one.   Turn2us Benefits Calculator BENEFITS-CALCULATOR-2.TURN2US.ORG.UK Use the Turn2us Benefits Calculator to find out which welfare benefits you may be entitled to.   Best, HB  
    • @mantis shrimp  -  Apart from not being sure about sending a letter at all(!) I think I agree about omitting the PS.   The problem is that I don't understand quite what happened there.  (I readily admit to a lot of difficulty in following much of what simeon tells us... ).  I'm not sure if the other side's solicitor sent their client's bill to simeon by mistake, or whether the solicitor sent a mock-up to simeon to demonstrate the level of costs mounting up in an attempt to intimidate him into withdrawing the case.   I think FTMDave might have a better understanding of exactly what happened there than I do...    =========================================================================   @FTMDave  -  I quite like the letter!  🙂  But I don't know if it's a good idea to send it!!!   😲   Personally I'd be inclined to leave it and let the case run its natural course.  I don't know if it would be appropriate to send such a letter or not.  I wouldn't want simeon to overstep the mark or do anything to make his position in this case any worse than it already might be.  In particular I would not want the other side to have any grounds to complain to the judge (although perhaps simeon has grounds to complain to the judge?.)   Also, I'd always understood that you could only complain to the SRA about a solicitor if you were his client.  But I'm pretty certain that I've read somewhere that 1.2 and 1.4 of the Code of Conduct require a solicitor to act fairly towards their clients and the court, AND "others", which I assume in this case would include simeon.  But whether that is 100% correct or not I simply don't know, and I don't know if it would be "improper" to complain to the SRA in the middle of a case or not.  I suppose simeon could threaten to do so after the case has been decided.  I just don't know what course would be best for simeon and I wouldn't want him led off in the wrong direction.   So I'm in two minds about sending a letter at all.  I'd be happier for someone with more knowledge and experience of court procedure and the conduct of trials than I have to say whether it is a good idea or not.   The other problem I have (and I'm not sure how to put this without risking hurting simeon's feelings - but I'm saying it in his best interests) I've looked back at some of simeon's previous threads and there would appear to be a recurring theme of aborted court claims and miscommunication with legal advisors (eg a direct access barrister he engaged) that might be re-appearing in this case.   I appreciate that English is not simeons' first language and that he has been seriously ill recently, but I'm a bit concerned that he does seem to get the wrong end of the stick a lot and I'm a bit worried that all we really know about this case has been filtered through him.   Apologies to simeon for saying so, but without having first-hand knowledge of all aspects of this case, I just hope he's not digging himself deeper into a hole...  (And I am saying that in his best interests).   Anyway, I'll be keen to see what the defence aginst the counterclaim is.
    • You haven't included anything that reassures TfL that you've been paying your fares since you were caught, like buying a season ticket, etc.   I don't personally like 'I will accept a penalty fee that TFL deems appropriate.' because TfL are the ones in charge here and this sounds as if you're telling them what to do. I prefer what I suggested about asking if they will allow you, etc... but see what others think.   HB
    • Hi guys, I am appreciate the help, thanks very much.    I have just received the witness statement from BW.           BW Witness Statement.pdf
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hi all i been checking out the site for about a month now:D . I have sent off my Data Protection Act letter and recieved my statements added up all my charges from back in july 2002 when i opened the account at the age of 18, and i never could of guess how much the halifax could of [edit] from me when i was adding up my charges i could't belive my eye's when the the end sum was wait fot it!!! £2843:o IN JUST CHARGES!!!!!! . i'm now about to start my PAFR letter but how should i do this to show my charges do i just use exel on my pc or is there a download on this site i can use?. I really i hope i can get this money back as i'm in alot of debt for a 22year old i was a fool wiv my money an now its time to sort things out ANY ADVICE IS WELCOME! And as you can tell with my spellin an grammer writing ain'y my strong points lol! and i have never tryed any thing like this before thanks all and yeh this site will be passed on to all my friends and family.

 

Mod note: I have edited this post because it contained potentially libellous comment.:D

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Hi Phillipdra and welcome to the consumer action group.

 

The best way to calculate all your charges is to visit VAMPIRESS'S CHAMBER OF "CONSUMER ACTI... and enter your details into the relevant google spreadsheet there. The spreadsheet will automatically calculate the interest for you and enable you to print out copies to send with your prelim letter.

 

Good luck in your quest to reclaim your money, the team and all the members are behind you should you need any help.

 

Please start a thread in the relevant forum for your bank.

 

Steve

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

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Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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