clarion48 vs Abbey ****WON****

[Robdblynd]

I'm a rock turning expert Bonnie, I'll have you out from under if it's the last thing I do.

 

 

You have been warned.........

[kia]

me too tricia and can we not type too much tonight cos my wrist is aching nobodys hiding anywhere cos we wont allow it will Txxkia

[clarion48]

GaryH.......thanks for looking at my thread.....the reason I am still tempted to go the formal application route is that (1) it was an aside comment that he made without lifting his head....he was writing at the time and didn't even look up....just muttered it......and (2) he himself awarded costs to another cagger just a couple of weeks ago....not just in one case but in two (the same person). Hardly seems a fair justice system when it's a lottery as to how they feel on the day.

 

He was not meant to be the judge that day......the one who made my directions is a lady and I know has awareded costs in several cases recently.

 

May be worth a try?

[ICY]

I would say its deffinatly worth a try, it cant harm anything, hope it goes your way

[bonnie0852]

Hi Clarion!!! Like Icy says, it may b worth a try and hope you get a different judge??? Do you have to pay any more court fees to pursue yr costs??? If not go for it as you've got nothing to lose!!!

Bonnie

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[kia]

yes youve answered your own question love go for it xxkia

[clarion48]

Thanks peeps......I am going to try it. I'll wait until the judges directions arrive following the court case.....see what he has said.....if nothing about not being able to apply for costs....will send it in.

 

Bonnie luv....think the fee is £65.....so I've been told!

[kia]

welcome love msn later about 11 ish ok xxkia

[clarion48]

I'll see later kia.....quite tired....long day tomorrow with an early start. xx

[Robdblynd]

I don't think it costs to apply for a wasted costs order Anita. I'm sure if you read Bankfodders' original thread he says it costs nothing.

 

If that is the case, go for your life.

[paula wardman]

Hi

 

As you have won - can you help me . The judge just dosen't like the particulars of claim I sent and this is the 2nd time he/she has asked for more from - This has been fgoing on for months and I am worried that he/she might throw the case out?

 

Do you or anyone who has won have a template I can use - I have tried 2 now and it's all going Pete Tong!!!!

[clarion48]

Hi Paula,

 

Please don't worry.....you will get lots of help.

 

Follow this link, which is to the bank templates library particulars of claim...have a read through and see how it compares with what you have written already....come back to me if you are stuck or need to know anything else.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

It will be okay.....always a bit scary at first so don't worry please. I am here for you...so are lots of others.

[clarion48]

General Form of Judgement arrived this morning after the court case on Thursday.

 

The judge said that as the defendant had failed to comply with the Order of 5th June 2007, the defence is struck out and judgement entered in favour of the claimant (think that's me!!)

 

No mention made of Wasted Costs so guess I go ahead and formally submit my application now?

[charleyfarley]

well done C......

 

and as you say if there's no mention of costs in the order, then you can go ahead with a separate claim:)

[clarion48]

Morning CF.....thanks for that. Will do!

 

At least I have a judgement from the court saying they failed to comply now.....more evidence I guess?

[Robdblynd]

Go get 'em ...... you want the lot. If the silly beggars want to play games, you just play harder.

[clarion48]

Thanks luv......will do!!

[bonnie0852]

well done C......

 

and as you say if there's no mention of costs in the order, then you can go ahead with a separate claim:)

Took the words outta my mouth cf!!!

You go for it Anita, nothing to lose is there!!! (apart from your sanity) :o

Good luck!!

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[bonnie0852]

Hi anita, i hope you dont mind but ive pointed a lady called alice in yr direction!!!

Shes in court 2morrow (same situation as u were in) and needs urgent advice and i thought u were the expert on costs etc.... having been in that situaton.

Ive told her to read yr thread from last thurs on to get an insight and i said u would prob be able to help her??

Hope u dont mind hunny!!!

bonnie

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[alice25]

Hi Clarion, Bonnie pointed me to you!! as she says above!! my claim was settled in full out of court and ive now applied to court for wasted costs. Im due inn court tomorrow and need some help. Can you look at my thread (of today) and give me some advice please. cheers x

[clarion48]

Reply posted on your thread Alice......good luck!!

[clarion48]

Wasted Costs application now formally filed using advice from GaryH's thread 'Application for Costs Updated'. Thanks Gary!!

 

I used the formal approach.....filed an N244.....cost £35.00 but I hope it will be worth it.

 

Will keep you informed.

[clarion48]

Does anyone know how I go about trying to have default details removed from my credit file history?

 

Abbey defaulted my current account when they withdrew my overdraft facility leaving me with £2,000 debt to pay off. This was made up entirely of charges, which I have since won back through the small claims court + a substantial amount more.

 

I would like to see if I can get the default removed though as it has such a negative effect on being able to obtain credit in future.

[Robdblynd]

What a shame you didn' tmake default removal part of your original claim. These institutions hate removing defaults more than they hate repaying the money but you could've argued for it removal as a condition of settlement.

 

I think you have to start a completely new claim purely asking for the default removal and it's much more difficult to achieve that in isolation.

 

Try looking in the debt forum, I think there's some threads there that have this point contained in them.

[charleyfarley]

think you have to start a completely new claim purely asking for the default removal and it's much more difficult to achieve that in isolation.

 

That's exactly right.....................the Banks see it as their right to be able to default custmers, and are much more aggressive with stand- alone default claims.

 

sorry to be the bearer of bad news:(