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    • Letter from court is asking that I submit to the court and the other party no later than 14 days ahead of the hearing  a "witness statement?" I assume this will give more detail than the original defence I filed?   It states I must:   Start with name of the case and claim number Full name and adress of witness Set out witness evidence clearly in numbered paragraphs on numbered pages End with this paragraph "I beleive that the facts stated in this witness statement are true." be signed by the witness and dated    
    • Thank you. You shouldn't be claiming for the return of half the money. If you are claiming on the basis that this is an unenforceable penalty or an unenforceable unfair term, then the entire term of the contract. The void and unenforceable and there is no power in the courts to make an apportionment.  Therefore your claim must be for the entire £450. Personally I wouldn't allow them to get away with any unfairness. I'm extremely dubious about the other term which apparently allows them to take ownership of the dog if it is not collected within 14 days. They are only entitled to recover any administrative expenses caused by any breach – assuming that the breach is yours. Have you asked them to account for the £450 and to explain why this might amount to their administrative expenses? Of course it can't possibly do because as that is the full cost of keeping the dog then there must be a margin included in the £450 which represents their profit – otherwise there would be no point in them running the business. Of course, if the breach is theirs then they would have to return the £450 to you plus any other losses that they had caused you. For instance, if your daughter had been put to any loss which you had to reimburse her for then it might be reasonable for you to claim that as well. Let us know. Have you send them a letter of claim yet? If you want to be super-nice then you might offer them a small sum by way of administrative expenses as an alternative to forcing you into legal action. I would suggest no more than 70 quid – but I think first of all I would invite them to account for the £450 and explain why they say it equals their administrative expenses. I don't expect that you will get any reasonable answer and they will simply say that it is in their terms and conditions – but at least you will have something in writing from yourself – and then from them to show firstly that you have tried to be reasonable about your approaches to them and secondly that they are merely relying on terms and conditions and it has nothing to do with administrative losses  
    • Hi All,   I have recently received the  Letter Before Claim from Gladstones Solicitors,   I have previously appealled original PCN with One Parking Solution and  POPLA to no avail, despite my vehicle being recorded on the site 1-2 minute to turn around there and 3 minutes stopped at the entrance (not parked) so 5 minutes in total having pulled off the public highway momentarily. Not to park as advised to this rather nefarious company!   Would welcome the advice on what to do next please, Thanks in advance,   RATPCN  
    • I would suggest that you call UC and request mandatory reconsideration (MR) of the decision to pay the LCWRA arrears to DWP debt management towards this disputed Housing Benefit debt.   They cannot refuse the MR request.   Reasons for MR.   1) Housing Benefit debt is disputed and subject to Court Tribunal process.    2) The DWP decision makers letter to award the LCWRA does not mention any decision to pay arrears towards debts. UC are therefore making a decision, without informing of any legal rights they might have to act in this way.    When you make the MR request, ask to submit further evidence within the 30 days allowed. Then send copies of any dispute about the debt.   You could also contact the Council to see if they are happy for health related award money from DWP being paid to them. Send a complaint to Council that you are not happy with this.    
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daipp

daipp v Egg

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SAR posted 26-Feb-07 and received by Egg on 27-Feb-07

 

Following another post on these boards I sent a secure message to them on 17-March-07 telling them to accept my message as proof of my ID. I told them in no uncertain terms that they will accept the ID as proof of my ID and that the late request for ID is merely a stalling tactic so I will continue to take the legal deadline of 40 days for the information from my original request.

 

I look forward to the 09-April-07 !!

 

David

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SAR posted 26-Feb-07 and received by Egg on 27-Feb-07

 

Following another post on these boards I sent a secure message to them on 17-March-07 telling them to accept my message as proof of my ID. I told them in no uncertain terms that they will accept the ID as proof of my ID and that the late request for ID is merely a stalling tactic so I will continue to take the legal deadline of 40 days for the information from my original request.

 

I look forward to the 09-April-07 !!

 

David

 

That must have worked because today with 17 days to spare I received all the statements for my Egg credit card for 7 years. :eek:

 

It appears that I only went over the limit three times so my total charges amount to £60.00.

 

Not wanting to look a gift horse in the mouth I'll send my claim off tomorrow.

 

David

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After sending off my claim to Egg, a week later on the 29-March I received two letters; one saying that they have received my complaint (?) and one offering me £12.00 (3 x £4.00).:-x

 

On 07-April I sent them a letter accepting the £12.00 as a part payment for the full amount of £60.00. They have 7 days to pay this and then the remaining £48.00 to be paid within 14 days. Otherwise I will commence legal proceedings.

 

Checked www.royalmail.com and the letter was received today.

 

Just sit tight and wait.:)

 

David

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After sending off my claim to Egg, a week later on the 29-March I received two letters; one saying that they have received my complaint (?) and one offering me £12.00 (3 x £4.00).:-x

 

On 07-April I sent them a letter accepting the £12.00 as a part payment for the full amount of £60.00. They have 7 days to pay this and then the remaining £48.00 to be paid within 14 days. Otherwise I will commence legal proceedings.

 

Checked www.royalmail.com and the letter was received today.

 

Just sit tight and wait.:)

 

David

 

After only a few days I'm astonished to report that Egg have given me a full settlement of my £60.00 :eek:

 

I was ready for a fight as well :rolleyes:

 

Just wait for the transfer into my bank account within 14 days.

 

Many thanks to the advice on the boards.

 

David

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Received another letter from Egg today confirming that MY money will be in my bank account within 4-5 working days - they've become very helpful all of a sudden :confused:

 

David

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Just thought I'd let you know that the £60.00 was in my account by 18-April-07.

 

Case closed.

 

David

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daipp, well campaigned at all stages.

 

Barely a day goes by without new claimants diffidently posting the question "Egg sent me a rebuff letter, what do I do?" You clearly had no doubts, and your entire campaign took just 47 days.

 

Why? Eggployees, I suspect, have standing orders to read between the lines like poker players. When they come up against a ferocious claimant they retreat, otherwise they stall and ride their luck. Lets see how you achieved rapid results.

 

--------------------------------------------------------------

FEB 26 - you sent S.A.R - (Subject Access Request) to Egg.

MAR 12 - you reinforced SAR with Secure Message "IN NO UNCERTAIN TERMS" demanding response within 40 days.

--------------------------------------------------------------

MAR 22 - FROM EGG: 7 years statements received.

MAR 23 - you sent letter to Egg quantifying precise claim.

--------------------------------------------------------------

MAR 29 - FROM EGG: derisory offer of settlement.

APR 07 - you sent letter to Egg warning of legal proceedings from 21 APR.

"I was ready for a fight as well". :-x

--------------------------------------------------------------

APR 14 - FROM EGG: offering full refund.

APR 18 - FROM EGG: full refund received.

--------------------------------------------------------------

 

Granted your claim of £60 was smaller than some, and you appeared not to have claimed interest, but I believe your resolution leapt off to page and hit Eggployees with Eggstraordinary force. Suggest all claimants who receive derisory template letters from Egg, to reply saying:

 

that they know daipp got full refund within 47 days,

that in daipp Egg have seen nothing yet,

that they are twice as hard as daipp. :-x :-x

 

They probably could do with your convincing letters as templates, lol.

  • Haha 1

 

 

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Thanks for your comments and thanks to this board as well.

 

It's important that everyone takes their time to read as many threads and posts as possible and follow the guidance as closely as they can.

 

The other thing I would recommend is that your 14 days doesn't mean seven weeks, or 7 days doesn't mean when you've got time. Stick to the deadlines and stick to your demands. The financial institutions you are fighting, stuck to theirs when they took your money.

 

David

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