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    • i've moved you to our legal forum. there are lots of like old SLC Claimform threads here whereby the claim remains stayed after SB defence filing.   what you have is pretty std for drydens to do , to see if you want to wet yourself now. they typically go nowhere, just dont move without informing them and the court in writing for 6yrs.   there are no examples of the fleecers 'winning' on an SB case even if the do issue an N244 to lift the stay.   use our search top right 'erudio/drydens' and get reading up.   dx    
    • This the form you use. Strictly speaking it needs the judge's approval but I understand it would be very unusual for a judge not to accept a notice of discontinuance.   Form N279: Tell the court you want to discontinue a claim or counterclaim - GOV.UK WWW.GOV.UK Use Form N279 to discontinue all or part of a claim or counterclaim. Send the completed form to the court and all other parties in the case.  
    • Hi All,   To give a brief summary of the drama, I have 2 old student loans taken out /signed for on 27/02/96 and 17/07/96. Both totalling just over 3k.  Some years deferred, some years didn't and paid the minimum payment. Moved around a great deal and lost contact. The last time I deferred and filled the D10 form in was 19/08/13 with SLC.   Then Erudio took over and I received their Notice Of Assignment on 02/04/14. Ignored everything after this. No contact, no payments, nothing.   Then came Dryden Fairfax who's letters I ignored thinking it was just a DCA.   Then a court claim came on 03/06/2019 which made me sit up a little! I had a read up and came to the conclusion the debt must be SB'd so I submitted my defence within the time limit. My defence was mainly on SB grounds and that I had no dealings nor signed any paperwork with Erudio. The total amount claimed was £4969.25. The court confirmed they had received my defence.   I have checked on the MOC website and the defence submission by myself was the last activity.    2 YEARS LATER! (07/21)I receive another letter from Drydenfairfax. They claim in a nutshell that my limitation defence had no merit. This is due to the deferment being August 2013 and the claim was issued on 03/06/2019.  They state that they require payment by Aug 2nd or arrange a payment plan which may be formalised by means of a tomlin order.   They then go on to state that they will have no alternative but to apply to the court to lift the stay on the proceedings without further notice. They say that such an application will include an application for summary judgment. Their letter included the D10 deferment from Aug2013, my two credit agreements (both of which are illegible and have amendments to my name. One of which is addressed to the college). And their notice of assignment letter.   So I'm presuming that the claim is stayed by the court as nothing has happened.   I have no searches or judgments on my credit report. It's squeaky clean!   I'm just really wondering where to go next with this? My thoughts are just to wait for any letters. Ignore everything from DrydenFairfax and just submit another defence of statute barred if I receive anything else from the court, as this looks like it was accepted first time round. Surely it must be quite difficult to get a stay lifted too. I'm assuming too that the debt was statute barred or if the claim date has stopped the clock. If so, what about the two years of no contact by Fairfax?   Any help or advice would be greatly appreciated.   Thanks
    • Hi hope you can help i sold a couple of hard drives in single auctions via ebay value £48 booked delivery via ebays packlink sent hermes, anyway within an hour of it being delivered i got the following message from the buyer.    Parcel arrived but is empty. I have not opened it but I can tell there is no hard drive in there it is light as a feather. Do you want me to open the box before I request refund?   I have spoken to ebay and nothing i can really do about it so he has opened a return i made him send me the following statement as i will be taking action.   (his name and address.) The parcel you sent me is I think empty or does not contain a hard drive. It only weight just over 100 grammes do cannot contain a hard drive, which was expected. For this reason I am processing a refund.   Anyway i filed with packlink yesterday lots of emails back and forth there reply.   With this email we confirm to have opened a formal investigation for tampering/missing content/theft. With the data you provided to us, the carrier will open an investigation and confirm the outcome to us. Take into account that this type investigation requires the coordination of different participants involved (driver, depot, warehouse, carrier's local offices), so it might be necessary to wait for a response from the different parties involved, before being able to provide you with an answer.     Now having read various accounts of packlink i do not hold out much luck of anything positive coming from it what next steps should i take is this worth pursuing what should i do next.   Thank you for taking the time to read i also attach a photo he sent me.   back1-converted.pdf
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Neal vs Coop


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Hi everyone, so pleased I found this site, it's great by the way! without this site I would have never have claimed for the charges put on my account.

 

But i need to pre-warn you all I'm a bit slow at anything like this and I do need things explained to me in IDIOT TERMS.

 

I posted my SAR on saturday (31st March), unfortunately I didin't send it recorded (i know i should have)

 

sorry but i have a few questions.............. should I give them 40 days from the day of posting the letter or give them time to recieve it? or like some of the pages I have read on here should I wait until they cash my cheque?

 

I really need you guys to bare with me as I think I will have a lot of questions and need things explained to me as time goes on (hope you don't mind)

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leave them a couple of days for posting, I didnt send mine registered and got the details a few days prior to the deadline being reached - also they wont cash the cheque - they dont charge for the service - they will just return it.

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All these letters are great but bit confusing:confused: for me anyway! ;)

 

Obviously the 40 days aren't up yet but nearer the time should i send them another letter telling them they have so many days remaining? or should I just leave it until the 40 days are up?

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Personally would wait until time is up and then follow up with phone call to them and report the breach under the Data Protection Act to the Information Commissioner. From what I have read on the various threads though it is likely that you simply sit tight and the information will find its way to you.

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  • 3 weeks later...

What I did with Natiowide was send them a letter one week before the SAR was up then I telephoned them with 48 hours notice!!!

 

Cor blimely charlie - the chap was flabbergasted!!!

 

Guess what - yep it all arrived neatly bound on day 40!!!

 

Theres nothing wrong with giving them a jiffy along - I just wouldnt do it yet!!!

:-x Kennsignton Mortage Company

:-x GE Captial

:-x Welcome Car Finance

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thanks for the info, the 40 days will be up May 9th, but how can i be sure that they received it because like i mentioned earlier i did not send it recorded delivery, also shelter pie if i ring them what will I say, don't want to ring them and make myself look too stupid ;)

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could anyone advise me as it's coming close to the 40 day dealine and i really need helpin what to do next? If i don't receive anything by the 9th May does this mean they havn't getting my SAR? as like i said i didin't send it recorded delivery

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From reading other threads with the co-op, they are taking just about 40 days to give the SAR information. Wait until the 40 days are up and if you have not received anything contact the call centre and if you want to, report them to the Information Commissioner. I can't see why your letter should have gone astray purely because you didn't send it recorded, however in the future make sure you do as it is important for the timescales and your reords.

 

Hope it helps.

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Hi,

 

Just to let your know I received my list of charges this morning, nothing like i expected (even though i dunno what I expected lol) basically on the sheets it says the DATE /COMMISION / COMISSION REFUND /DEBIT INTEREST/ FEES / FEES REFUND what can i claim back? is it the Comission/debit interest/fees?? and once i've worked out how to do the spreadsheet do i send the LBA?

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another thing in the spread sheet where it has written "cleared transaction" unpaid dd charge" etc etc do i type over the top of that whether it's a Comission charge or Debit Interest charge? also i read earlier that I can charge them interest at the rate they charged me? can someone help please?? need to get this done tonight as i can only print it off at work tomorrow! Thanks

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Posted by Bolton1 (in Timescales thread)

 

You can claim for commission less commission refunded and fees less fees refunded, I wouldn't bother with the debit interest as it's impossible to work out which percentage of it relates to the penalty charges and doesn't really amount to much anyway. Also you need to look out for unusual amounts in the commission column as these could be where you have used your card abroad and these could be transaction fees which also need to be deducted. In the fees column if you have a privilege account you also pay an amount each month for that typically ranging between £6 and £8.50 as it has gone up over the years, these also nedd to be deducted, they are not always explicit and if you have some fees at the same time as the privilege accouont money comes out they will be lumped together.

 

 

 

Bolton I've done mine wrong and posted it, crap, I applied for Comission, Fees and debit interest, I havn't minus the £6 & £8.50 for my privledge account, also I have left the 8% interest on....................what will i do now????

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Calm Down, it's only a claim!! LOL. They will amend it anyway however if it's just the prelim you have sent, put the correct figures on the LBA after the14 days with an explanatory note. Remember that the statutory interest isn't added until you file in court

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Phew, thats alright then, Yeah it was just the prelim that i posted today, i'll wait until i know that they have received the LPA then give them the 14 days and then post the CORRECT charges LOL, right so just to get this straight I can apply for:

 

 

Commission

Comission Refund

Fees

Fees Refund

 

Minus the £6 & £8.50 charges for my Privledge Account. ohhh and of course the 8% interest

 

I'm so sorry to be such a pain with all these questions!

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No you can't. When you send the LBA ( Letter Before Action) amend the charges etc that you have made a mistake on, with a new spreadsheet. You must deduct the commission refunded and the fees refunded as well as the other stuff that we 'spoke' about. Do not include the 8% interest at this stage. When they do not pay up after the LBA, then you add the interest when you file in court, plus the court fees of course:) .

 

Hope it helps.

 

Have a great B/H Weekend . Hold the CAG faith!!

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received letter from them today saying they were sorry to hear they havn't met the high standards etc etc etc

 

They also say that one of their colleagues will be in touch within the next 4 weeks and that they have attatched information about their complaints procedures (they must have forgot to enclose that) lol

 

What do i do now send the LBA with the corrected spreadsheet or do i wait until the 14 days is up then send it i'm a bit confused with the dates

 

Cheers

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  • 2 weeks later...

Well if it's 14 normal days and not 14 working days they have until Tuesday (5th) to pay me, if not I shall then be filing my MCOL.

 

fingers crossed i hear from them before hand

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