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    • mcol always has fits on a W/ends   try Monday when its gets reset.   dx  
    • Name of the Claimant ? Capquest Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 10/10/19 Your acknowledgment of service was received on 25/10/2019 at 16:05:14 Your defence was submitted on 07/11/2019 at 09:55:10 Your defence was received on 07/11/2019 at 12:05:11   Particulars of Claim Not sure how to view this at the moment, as its not listed on the views I can see online. Will route out the paper copies and update in the morning. It is a Shop Direct / Littlewoods   What is the total value of the claim?   £3000   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes - Which I ignored as it might have been within the 6 years for SBD 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? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes - catalogue When did you enter into the original agreement before or after April 2007 ? After, in 2009 Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Only have CreditKarma - which it showed on until recently , but not anymore 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. Capquest Were you aware the account had been assigned – did you receive a Notice of Assignment? I can't remember getting one Did you receive a Default Notice from the original creditor? Probably, but it was a while ago so not sure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? in 2013. Not sure exactly but it was early in the year. What was the date of your last payment? Early 2013   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? In 2013 early, but they never accepted.
    • Thanks Andyorch.   Damn. I misunderstood your comments on post #170 about timescales. I read "don't let a claimant impost time deadlines.........they impose the time limit because they have to pay the hearing fee". I can print a letter tomorrow and get it back first class though so they will received it Tuesday.   Is it a case of just filling in their 1-page paperwork/income/expenditure form (as we've gone through the CCCS/Stepchange, I will just add in the same figures which are correct) and wait for their reply? Or should I include a letter?   Also, if £2947 is owed, is there a sensible amount to propose owing such as the £1500 over 60 months which has been suggested?   Thanks    
    • So, after several months, got response back from Aviva. "We confirm that Aviva is not responsible for investigating sale of PPI. This is because policy was arranged & sold by EPF. They were therefore acting as your agent in this matter; there was no agency agreement between Aviva & this firm so Aviva cannot accept responsibility for any advice that they might have given.  HSBC are responsible for investigating these complaints, so I have sent them your details and have asked them to contact you.  Although Hamiton Life, now part of the Aviva group, were the underwriter of the policy in question , we were not responsible for the sale, or any associated lending. As such, you should direct any enquiry regarding undisclosed commissions to the lender who provided the finance that the PPI was protecting to progress this element of the complaint". So where do I go from here? I contacted HSBC again before deadline, got response back from them saying they were not responsible either. 
    • Thought this had gone away but Llowell have sent a letter to my daughters address, I have never lived there and although I moved address 18 months ago all my mail was being redirected so I know they have never sent anything to the address the contract was under.   They must have checked my credit file for some reason as many years ago I took out a contract phone with 3 mobile in my name for my daughter as a present and paid it for the first year she has paid it ever since.   The letter is giving me 30 days to make contact or they may issue a claim. The amount they are asking for is £794.00   I intend to write to them asking for a detailed break down of the invoice and for a copy of the assigment notice as they say the account has been assigned to them.   Should I be asking for a copy that should have been sent to me by EE? I dont understand why they would write to me at my daughters when all correspondence in the past fromm EE and Moorcroft has been to my previous (the contract) address unless they were trying to get a back door ccj.
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srfrench

French v. Abbey (3) - Into the breach once more my friends!

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Come on Frenchy, arent you back yet - i tell you this man is ALWAYS late !!!;)


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Well there was @ 120 of us peeps in the Merc Courts today in Leeds and whilst the Judge agreed the arguments made and made a special reference to mine and a few others, he honestly could not give anything other than an individual stay on all claimants - not a blanket!!! that's important.

 

His argument as I would have expected was sound and just and he gave a cut-off (without exception) that in Feb 2008 it will be lifted regardless of the decision made by Justice David Steele (Judge in the OFT Test Case).

 

That is significant! :D

 

Costs for the day is given to the parties. In my case it amounts to an extra £83.

 

My 2 Credit Card Claims were a joke (with diff providers) and they have 6 weeks from today to settle/provide a defence, but the JUdge does not want to see a another Case Management Hearing dealing with these. A Stay was applied for in the case of both but were quickly dropped!

 

All in all an exhausting, interesting day and one that will keep me in cigars through winter!

 

Roll on Feb 2008!! :cool::D hink of the interest that is continuing to mount on a daily basis.

 

Oh...... and the Barrister and Solicitors were tornoff a strip a little by the Judge and I was informed by one of the Claimants that when I was presenting my case to have the Stay removed, she blanched! (She was also dealing with me!)

I approached her later as she indicated settlement, but realised I was going the full hog and claiming costs to. She tried to intimidate me a little with the fact that no way would I get costs, to which I replied, "of course I will...... have you actually read my POC as you will see that even as you have demonstrated at sneakily trying to put monies into my account, which the Judge frowned upon and ripped into her, it also asks for a legal declaration that the level of levied charges imposed was unlawful and unenforceable. In other words, settle the monetary side and the claim still carries on darling!" I also told her to smile a little, she didn't which is a shame, because she was quite attractive........ methinks it's either PMT or she needs a holiday!

 

So that's it in a nutshell peeps, I will post the full orders and resoning as and when I am a party to it from the Court.

 

No worries.......... :rolleyes:;)


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Now.... bugger off I want 40 winks!


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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LOL you old tart, tell em where you were sitting!!!! and if you go to sleep now, you wont sleep tonight


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I was sat where the Barristers normally sit! ;):D

 

It was only because it was standing room only :o


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Had our little nap have we? :-)


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Yup....... now I'm raring to go as I have to be up at the crack of a Sparrows fart!


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Gosh....seems like an absolute age since I last posted on here.

 

Anyway, little development this morning. I received a letter from Ashursts stating they have served a notice of Change of Solicitor with the Courts.

 

Si, in effect then, Abbey are stopping the handling of claims and transferring them to Ashurts. (Are they the in-house solicitors anyway?)

 

I wonder why the change and wonder why now......ideas anyone? 8)


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Well as i understand it, Inga, et al have all repaired back to the mothership and i suppose they can't be bothered to go and pick up the post - unless of course anyone thinks that this might be due to something else?


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Could it be that the Abbey are preparing the sacraficial scapegoat!!!!

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hmmm dont reallyk now, could be that they are now working on other stuff until the test case, unless that is what they are working on


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Looking at my letter, it seems that "Ashursts" are now replaced by "Ashursts LLP". They put the old address and the new address as the same, not mentioning the Triton house address at all.

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Nope that's standard for Solicitors or practices with a number of "Partners". LLP stands for Limited Liability Partnership. :cool:


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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it must be great to be so brainy :D


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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PMSL.................I have my moments :p

 

Do you realise that since the stay was imposed on this claim I have "earnt" another £1000+ in Contractual Interest............ oh please dont lift it yet Ass Hurts! :D


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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money magnet :D


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Or as another wag in the CAG forums so subtly put it.............. KERCHING!! LOL ;)


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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2 days to go and the slumbering beast stirs......................:lol:


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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I hope payday comes early this month to us all.;)

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LOL............ any news yet from the Press or the Courts?


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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So how long is the Justice Andrew Smith going to take for his hols?

 

Whilst the interest has been mounting on a ridiculous scale, just when will the historical T&C's judgement going to be made ......... 2008 or 2009? :-?


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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lol patience Penfold :D


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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So what's the judgement?


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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So we now have the second Judgement go our way.

 

The Banks in the coming weeks will be applying for permission to Appeal. However, IMHO, it won't be granted and therefore game over for the Banks.

 

All that is really left is for the OFT to publish officially their findings on the unfairness of the Bank Charges.

 

All that this will do whilst the stays remain frozen until the above 2 events are concluded, is that interest continues to accrue!

 

Either way, because now it is fairly well proven that the charges were UNLAWFUL you can get the full amount claimed back plus interest.

 

It doesn't matter what the OFT sets as an acceptable charge, it can only be applied from the current or future date.

 

At the very least, the Banks will have to disclose their ACTUAL costs if they want to lessen the eventual payout. This they won't do, period!

 

So for everyone out there, sit tight, submit your claims and rest assured in the coming few months all will be on the table!

 

Views expressed in this post are purely mine and mine alone. I do not speak for all on CAG and am not a moderator. However, all I am intending to do is give a little stability to a rumour fest of supposition. STOP IT! :p


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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What rumour fest? did I miss something? errrrr :D


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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