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    • Hi Ade,   Stop speaking to them by phone and keep contact in writing only, which you've said you prefer.   Send TT a SAR by post immediately. The data you get back should enable you to see what they think you owe, and how it's made up.   Also write to BW Legal confirming you dispute the alleged debt owed to TT and have written to TT seeking data, so BWL must stop demands until TT have replied to the SAR you've sent them.
    • Please do although obviously I don’t know the facts from your side but at least I can tell you how much of a cut and paste job it is.
    • Please check back for a full reply tomorrow. However, it would help if you would introduce pergo spaces into a story full stop it's very long and especially for people with small screens it's very difficult to follow when it is so compacted.   I think this straight has become rather confused because of the third party account which we received at the outset. I think it will probably be helpful if you could repost your story but on a new thread and more openly spaced please.   Then we can start to have a closer look at it. However, as I've already suggested, I think there are two issues. The question of your liability in the accident and the problem of how you have been persuaded to take a rental car at such a high rate.    I would suggest that you hold off telephoneing anyone until we have had a closer look.before you do anything on the telephone. You have obviously had some very important conversations but you don't have any evidence of them. Although the other side may say that they have recorded them, you you may find it difficult to get hold of those recordings if in fact those recordings incriminate them in any way. for instance if they have promised you that you don't have to pay anything for the hire car, that would be an extremely useful conversation to have but you may find that it is difficult to get hold of.   please start a new thread it will be much easier to continue from there                                
    • When I sadly lost my job a while back, i reportd it immpediately to DWP as you are supposed to, but didnt realise at the time that the day I reported to them was the day before I was paid out for the last month. I was actually paid extra whem I left as it was cheaper than redundancy fort the business and at the time it was a good financial move (so I thought).   I was paid on Fri 26th Jan, they paid me out 2 months in one go. I reported to DWP on the 22nd of Han that I was made unemployed, had the letters and evidence. As they spun the story, because of their assesment dates and that, my first payment was on the 1st May and reassured that it works the other way around. That when work starts again, if I dont actually receive money from the company during the assesment period, there wont be an issue as it balances up.   Can I believe this or was it another spun story? I'm concerned that as I'll be paid monthly, (Starting on the 15th paid on the last day of the month), assment ends on the 22nd. Tha they'll take that money into consideration.   I'm just concerned due to the disparity it would cause between 4 odd months I endured with zero income because of how their system works and whatever they ahe in place to counter at this end of the claim.   Anywa, it's just awonder.   Cheers,   Ade    
    • Hi, OP sister here, im going to try and explaine in full details from start to present and see if you have any advice for me on what i can do. on 15/1/2021  at 16:25pm i was traveling along hazlebarrow cresent wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR seddon. ( im going to attatch a street veiw picture and diagram wich will be more helpful in understanding how the accident accured ect) .  The owner of the parked car, which i will refer to as Mr simpson came out of his house. Myself, mr seddon and mr simpson exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property. I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect . by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and mr seddons van ect). Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.  Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability. an engineer had collectes my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .  I didnt hear nothing for around 2 weeks so i comtacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability' i asked them why admirel consider themSelf not liable and she read from the notes ' mr seddon said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' . the lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault. I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of wich i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.  The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.   Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the ' none prejudice payment) I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .   I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . again she said ' its still in dispute, admirel are not budging i have to pass this on to management. She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!? Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum and you guys had mentioned the hire car rates may fall back on me. I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. and the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' . i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport' I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i didnt have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.    After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' . will they find any fault with the contract just to try and lumber me with the debt? , as it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.  And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?    As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.  Tomorow i am going to read thoroughly through the ' hire car contract' . i am going to give them another call and record them saying i am not liable for the debt. Any advice on how i can just give the hire car back to them without me being liable to pay the debt?  Thank you Gemma
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No AQ - Straight to PRE TRIAL REVIEW


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Just received Today -5th April

 

From my local Court (N24) Notice of Pre Trial Review 13 July

Not 100% sure about a Pre Trial never seen it on any of the other threads

 

As it is a Pre -Trial Review are DG more likely to attend this.

and not make an offer before Pre trial. after all it is only a Pre-trial

 

 

 

or could a summary judgment be made at this point

 

 

 

 

will DG Let it go that Far>

 

 

 

 

I have a feeling a few more people will be getting these.

 

As always I look forward to your comments.

 

 

Cheers.

 

Oyster

 

 

- - - - - - -

Received the Transfer to local Court Friday 30th March

Where the AQ had been dispersed with. See lateralus thread

 

Posted Letter to DG Monday 2nd

- -- - - -- -

If i've been helpful in any way....then tip my scales over there!

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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Lateralus – have you head of these Pre Trial Reviews by the court before.

 

I have got a funny feeling solicitors will attend these to see if the can use then as a testing ground for some new legal angles that may prohibit all claims it may take them a while.... but if it dont hurt them to attend who knows..

 

 

I dunno, getting a little worried about this am I one of the first to have a Pre trail DG have nothing to loose by attending do they?

 

DG in effect don need to do anything up till then or maybe beyond this date.

 

I have a funny feeling this whole re-claiming unfair charges is about to be put on its head

And where the banks will be protected somehow by the OFT . I hope I am wrong.

 

BTW – Thank you Lateralus you have been a big help so far.

 

 

 

Oyster

If i've been helpful in any way....then tip my scales over there!

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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i haven't heard of them - but, hey, what do i know - last year this time - i didn't know what a spreadsheet was, CAG, MCOL, AQ or anything else.....

so, we take it as it comes - this is a new response - let's see how it plays out -

as i say quite a lot - like on this thread: post 1When you have filed your AQ................ (multipage.gif1 2 3 4 5 ... Last Page this is a game with two different sides at the same time, while you are waiting for further court action, you should be doing all you can to get dg to make an offer. take a look at that thread and see if you get any ideas. we don't want you harrassing dg but nothing says you can't contact them to bump up your claim. did you do the nudging letter?

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Yes done the letter sent it registered , the would have got it Tuesday

 

I put at the bottom "Thank you in advance for your prompt payment. "

a little positive subliminal hint you never know.

 

Oyster

If i've been helpful in any way....then tip my scales over there!

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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Hiya Oyster, lets get this straight from the start,

 

Pre Trial Review, I’m assuming from your posts you have to attend rather than just submit details of your claim, if that’s the case then I think the district judges are in effect trying to bang our heads together to get the claims sorted out and settled with minimal intervention from the court, just one visit.

 

The question is will the banks solicitors dare attend these sessions and I suppose this will depend on how the judges record the outcome, if its likely to affect the future standing of the banks on the issue of charges then the solicitors wont want to attend and will offer settlements rather than run the risk of being held in contempt of court.

 

The rules of engagement wont have changed, the OFT have delayed the publication of their findings until the end of the year because they need to do a more in depth study, they are due to make an announcement at the end of April what this will involve and how it will be done.

 

pete

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hang on a minute your court date is set for july!! isnt the whole point of not filling out a AQ sopposed to be that it would settled quicker! this seems like this is getting longer and longer i think this will force people to settle if you are going to have to wait that long for a court date i filled my claim in january and i do not want to wait half a year b4 i get money people who filled there claim last year are so lucky the process wasnt this long for them!:mad:

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Hi, I havent even looked at what my bank owe me but its more than anything they are entitled to. I am looking to reclaim back from HSBC for all charges as well as from Clydesdale financial services (Karen Millen store card) as they have charged me quite alot for late payments. I hope to get quite alot of money back!

 

Reading your stories has given me hope!

 

Will keep you posted.

 

Thanks

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Phil this is very new we have to see how it pans out, I think DG will settle rather than go to even a pre trial review but we will have to wait and see.

The district judges have altered the process because it was collapsing under the pressure of all the claims, they won’t want to be sitting day after day listening to the same case law and complaints either. I’m sure this has been thought out to make the banks offer settlements without any intervention by them.

pete

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Castlebest i see what you mean but why would the banks settle early when they have up till july to do so, as we all know the banks like dragging things out they probably will only settle 4 days b4 the pre trial like they done when the court dates were set backing out at the lat minute.

What stage are you up to now in your process?

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I still don’t think we have all the pieces to the jigsaw although this is another major piece; we all have to stay calm and see what happens.

 

I'm personally not worried about attending court, I’ve been there before as part of my work but I also know I’m probably in the minority. I can’t see the district judges letting the banks use fear of attending a court room as part of their arsenal to reduce their liability that would be almost criminal in itself. Having said that I dont think they can afford to attend either.

 

I’m right behind you, my 28 days is up on the 10th April.

 

pete

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How many solicitors do DG actually have? Do you think they will sending staff these meetings in a couple of dozen different locations every day?

This has got to be a good thing. :)

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im not worried about attending court beleive me i would tell you all the date and meet me there!lol

however i remember a couple months ago getting to the aq was seen as your case nearing an end but now it seems like it is dragging out longer and longer but yes i agree should stay calm and wait alot can happen i just hope the banks arent going to get the upper hand and let us all wait till the summer befroe we know what is happening :mad:

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Pre-trial review is to sort out issues like a timetable for the trial itself, evidential issues, a time estimate for the trial, a time window for the trial and any other issues of that sort.

 

You wouldn't get a summary judgment at a PTR because summary judgment requires a summary judgment hearing, not a pre-trial review.

 

I suspect it's been called as the cheapest and easiest way to get this matter over with.

If in doubt read the

FAQs

 

If still in doubt - ask!

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and i still say - it's a game of two halves - or a two pronged approach - while waiting for this date - you have every opportunity to get dg to deal.

 

ok, first you send the nudging letter -

then 10 days later - maybe you send them another one and 10 days after that another one.

i'm in no way saying start ringing them up and asking them when they are going to deal - that would be counter productive.

 

but look at it this way - lots and lots of peeps have filed claims - all those not with cag will be squirming - we don't do squirm - we get proactive.

maybe the second letter refers to the first with a thinly veiled here i am trying to resolve this and you are doing what? doing squat! let's get this done before the judge sees me as the reasonable person trying to wrap it up and not waste court time - all the while you are treading water.......

we can dress it up - but that would be the message -

reminding them that the court will be given copies of all correspondence.

it's like they are getting hit from two sides - they will deal!

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when you send the letter you have to reduce your claim amount dont you for them to settle quicker? i dont want to reduce my claim amount know i have got this far my claim amount is for £2537.49 how much would you suggest you reduce it by to settle bearing in mind hsbc offered me 2117 that was the full amount without intrest

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Why should you offer to reduce your claim to settle more quickly once you've filed a claim?

 

Once the court claim has gone in hold out for the full amount, including any statutory interest and court costs, unless and only unless it's in your own interest to have a lesser amount of money sooner.

If in doubt read the

FAQs

 

If still in doubt - ask!

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i did say that a couple of times and in certain circumstances it becomes the best course of action - but if you don't want to reduce it - don't - just send a letter saying - hey, i'm still here - i'll settle, go away, halt the claim if you send me xxxx.xx

i think it is a good idea to put in an equation - right there in black and white - charges xxxx + interest xxx+ court filing fee xxx + aq filing fee (if applicable) 100 = total required to make the claim go away.

 

i could write another letter - but you know what - so could somebody else - if you write your own letter using these ideas - they won't all get to dg as identical letters - and that might be preferable - of course i'll help anyone who needs it - but this is as much how you feel as what i would put down.

anyway oyster - give the first letter a chance (given the holiday weekend) and then write another letter. long time til july!

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- Castlebest Yes I have to attend

 

Just my luck to get a Pre Trial Review - I would put money on it that DG will attend I think the will use the first wave of PRT's to postulate new angles with the courts.

 

Like I say DG I don;t think DG have anything to loose by attending

 

The other question then is what will happen if DG don't remember this is only a Pre Trail Review.

 

Lateralus - I think you are right gentle persuasion not to waste the courts time you never know !!.

 

However I think there gonna show up this is a whole new ball game, it is in there interests there may be a way out this is a first for them what have they got to loose if they attend they can still make an offer before the actual date.

 

It has kind of taken the impact off a court case where DG would Normally settle before. the case

 

How long after the PTR before you get an actual date.

 

 

Oyster

If i've been helpful in any way....then tip my scales over there!

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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I spoke to my uncle this evening as i have to admit i was getting a little freaked out by all this! who is a lawyer he told me when the courts set a pre trial it is so the 2 parties can come together and ''negotiate'' a settlement however now this is what scared me the lawyers do not have any obligation to offer a settlement b4 the pre trial and it is in their best NOT TO as the pre trial is only half of whats to come so if the lawyers do want to drag this case and hope we crack under the pressure they will attend the pre trial!:( and then after that is when the court date is made which they wont attend for obvious reasons.

 

The PT is bascially so the court isnt bombarded and it gives us more time to come to some arrangment with HSBC

 

i hope this helps... it helped me!

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Hiya Oyster, what new angles? The OFT report wont now be published until December at the earliest and that will only provide a smoke screen for the banks it wont provide anything of substance or settle the basic issue that it costs about 50 pence to generate a charge of between £25 and £35 pounds and this is unlawful.

As Avoc8 says the PTR will sort out issues like a timetable for the trial itself, evidential issues, a time estimate for the trial, a time window for the trial and any other issues of that sort. These items were all covered by the AQ and handled in seconds by a district judge, all except one, evidential issues. Do you think DG will show in front of a district judge in whatever forum if they have to talk about disclosure of their banks charges? They haven’t yet.

I think your best bet until we get some reaction from DG is to do as Lattie says and just keep gently reminding them your there and waiting to settle your claim and your waiting for their move.

pete

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Hi

 

Lateraulus

Castlebest

Advoc8

Site helpers

 

I have found on HM site Detail of what is involved in a PRE TRIAL REVIEW

 

Do we need to think about a pack for the PTR which cover our claim and rebuttal to the defence.

 

PLEASE FOLLOW THIS LINK

Attending the pre-trial review

 

The information covers what is required by Claimant and Defendant

REC4278 - Attending the pre-trial review

 

When attending the court you should take with you

  • your warrant of appointment
  • certificate(s) of debt
  • the papers
  • the evidence you intend to produce
  • two copies of a simple calculation of the interest accrued between starting the action and the hearing date

The outcome of the PTR will depend largely on whether or not the defendant attends.

If the defendant does not attend

 

If the defendant attends the PTR

 

Outcome of hearing

 

Report of hearing

 

 

 

Oyster

If i've been helpful in any way....then tip my scales over there!

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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Bear in mind that the link you've posted goes to an HMRC web page and seems to relate to tax claims. Some of the info is useful although not all of the details are relevant.

 

I've not seen any other posts about PTR's (not that there aren't any) - my suspicion is you'll get a settlement before then but if not I would suggest the evidence to be taken will be the standard CAG bundle plus an additional witness statement if the 'new' AQ directions have been issued.

If in doubt read the

FAQs

 

If still in doubt - ask!

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