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JRDowell

JRDowell v Virgin One

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I am currently in the process of taking Virgin One to court. Virgin's solicitors have asked me to provide further information with which I need help.

 

Firstly they ask "Is it the case the claimant (Me) should not have been charged?" or is it " the claimant should not have been chared this amount?"

I'm not too sure which one I should refer to!

 

Secondly, I have quoted the charges are "unlawful at common law, statute and recent consumer regulations".

Virgins solicitors have requested I identify a) the particular statute and/or regulations I refer to; b) the sections and/or regulations of each statute /regulation I refer to; and c) the principles of common law I relied upon in alleging the charges are unlawful

 

Can anybody help me please?


JRDowell

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Hi,

 

have they asked for this under a CPR part 18 request- or are tehy saying your POC are too vague?


Consumer Health Forums - where you can discuss any health or relationship matters.

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Hi and thanks for the reply however I do not know what either CPR part 18 or

POC are.

 

Given this, I have just re-read their letter and it could be they think my POC are too vauge.

 

Can you please advise.

 

Thanks.

 

Russell


JRDowell

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Hello once again

 

Can any body advise me? I have filed a claim against Virgin One and a date has been set for court. Since I filed my claim and stated the amount of bank charges I wish to reclaim, I have had additional charges applied to my account. Can I claim for these at my first court hearing or do I have to make a second claim?

 

Thanks for any help.


JRDowell

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You can amend the claim with form N244 + £35 fee (unreclaimable) or make a 2nd claim when this one is settled.

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OK thanks for that.


JRDowell

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It is difficult to answer without seeing what you have said to them in your communications.

The basis of the claim for unlawful charges are within the template claims particulars which you will find,along with other useful information in the bank temps library section.

As regards the Court procedure rule part 18 request there is,additionally information on this too.

You will need to have clear understandings of both these points and whether they apply or not in your case.

The best way of doing this is to read up !!

 

2 threads merged please try and keep them together.


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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Ho moved your posts from welcome to here.


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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Hi Martin

Thanks for your reply however not too sure if it is me!!! I cant find any reference to my origional question regarding where to find specific information on a) the particular statute and/or regulations I refer to; b) the sections and/or regulations of each statute /regulation I refer to; and c) the principles of common law I relied upon in alleging the charges are unlawful, in the library.

 

Perhaps you can be a littel more specific in order I may be able to locate the info.

 

Regards

 

Russell Dowell


JRDowell

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Hi Michael

 

Thanks for the reply to my previous question. I would like your help with my first thread on this site.

 

I am currently in the process of taking Virgin One to court. Virgin's solicitors have asked me to provide further information with which I need help.

 

Firstly they ask "Is it the case the claimant (Me) should not have been charged?" or is it " the claimant should not have been charged this amount?"

I'm not too sure which one I should refer to!

 

Secondly, I have quoted the charges are "unlawful at common law, statute and recent consumer regulations".

Virgins solicitors have requested I identify a) the particular statute and/or regulations I refer to; b) the sections and/or regulations of each statute /regulation I refer to; and c) the principles of common law I relied upon in alleging the charges are unlawful.

 

I have been steered towards the library however I seem to be having trouble finding such information.

 

Could you please help.

 

Regards

 

Russell Dowell


JRDowell

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Few questions first.

1. How much is your claim for.

2. Since you have a court date, which track has it been allocated to. Small claims?

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Hi michael and thanks for the reply,

 

My claim is for £1500 including interest however since I filed the claim this figure has risen. I believe I have to make a second claim for this increased amount.

The date I have for court is 6th March, and as far as I know it is the small claims court although the letter that arrived today does not make any mention of this.

Whilst speaking of the letter that arrived today, I am a little unsure of the content, it reads;

 

Before Deputy District Judge Fox sitting at Conwy and Colwyn County Court.........blah blah

 

Upon the claimant not appearing and the defendant not appearing

 

EX PARTE/WITHOUT A HEARING

 

IT IS ORDERED THAT this matter be listed for a case management conference on the 6th March 2007 at 9.45am. with a time estimate of 15 minutes.

 

Does this mean I do not have to turn up at this stage?

 

Thanks again for your help.


JRDowell

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Oh well, never got the help I required from my previous messages! however have now spoken to very helpful firm of solicitors and the advice gratefully received.

My current position is that I have had the cobbetts letter requesting further info and received the AQ which was returned and now had a date set for court. A case management meeting on 6th March.

 

I have replied to cobbetts with the "I am a litigant in person" letter, although there were two useful templates on this site and I merged some of the info from both.

 

Lets now wait and see what Cobbetts have to say.

 

OH! one more thing, has any body noticed Cobbetts address?

perhaps it should read Sh*t Canal street or perhaps Ship Carnal street.


JRDowell

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Have just come back from holiday to find a new letter from Cobbetts offering a goodwill payment of half my claim.****

I have seen one example of a rejection letter on this web site. Is there perhaps a forum with some examples of rejection letters?

 

This would be helpful.


JRDowell

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Oh well, didn't get reply so composed my own rejection letter and sent it off!

 

Watch this space.


JRDowell

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