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Good!;)

 

So, do you think you'll appeal? I know that you must be feeling a little 'raw' but do you have any plans?

 

Wxxx

 

Stitched up thats how i feel.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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A different day a different judge who knows.

 

 

Having read the thread and the scanned documents Paul, I have to agree with that statement. So sorry it didn't go your way - you have showed guts and determination that are an example to us all.

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Awww Paul I'm so sorry for you mate .. it's really shi**y that you didn't get a chance to see this defence before the trial as I'm sure with the help of the mods u coulda prepared a fantastic reply.

 

Pick yourself up, shake yourself off .... have a few bevvies 2nite & contemplate your next course of action .... Think u need some help with an appeal so HOT to blow this one straight outta the water.

 

Dunno what else to say for you except Good Luck with your appeal!

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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the defence only received the documents on the 10th it seems the kings chambers of barristers drafted them up. I agree, with help, i could have prepared a better response and got a full hearing.

 

Paul

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Guest willowb

I can't believe that the Judge didn't allow this case another hearing given the fact that you were not given all the docs.

 

 

You may or may not appreciate this but........

HIG HUGS Paul:) whatever you decide to do, there will be more of us subscribed to it now!!!! LOL

 

Wxxx

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Thanks for all your support, it just goes to show that we're all in this together, and hopefully we learn from this.

 

Paul

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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I

HIG HUGS Paul:) whatever you decide to do, there will be more of us subscribed to it now!!!! LOL

 

Wxxx

 

Hey Willow what's one of them!? Is it a big hug but a bit different if ur wearing spotty pants or have u been on the vino again?! ;-)

 

Hope ur feelin a bit betta Paul ... I'll send a HIG HUG (whatever it is) outta my window for u ... shouldn't take long to get to u as I'm not that far away!

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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Paul

 

Truly feeling for you.

It could be any one of us in your position right now .

 

I've just read your thread from the beginning and just by reading your words it's easy to see how determined and focused you are.

 

Shattered today...

 

maybe hot headed anger tomorrow...

 

But you have got the fire and the guts to pick the reins up on this again.

 

Deepest respect and best wishes to you Paul

 

Hope xx

You need to read this if you have ever consolidated lending through your bank,

http://www.consumeractiongroup.co.uk/forum/general/49648-loans-pay-off-overdrafts.html

NatWest

S.A.R - (Subject Access Request) LETTER SENT15/12/06 - STATEMENTS RCD 22/12/06

PRE-LIM AND SOC SENT 11/01/07

FULL CLAIM OF £4093.04 INCLUDING CONTRACTUAL INT :)

JUST WAITING FOR STANDARD BOG OFF LETTER...:rolleyes:

LETTER FROM STUART HIGLEY TODAY 20TH JAN THANKING ME FOR MY LETTER AND ADVISING ME THAT THEY ARE CONSIDERING MY CLAIM.... YEAH, BET THEY ARE !!!:lol:

LBA SENT 29/01/07

 

**** G.W.G PAYMENT OFFER RECEIVED TODAY FOR £2160. THAT WILL DO NICELY AS PART PAYMENT MR HIGLEY !!!:D ****

 

 

 

 

 

Member of the official Bill-K appreciation thread cos he's just ape !! :D

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Guest willowb
or have u been on the vino again?! ;-)

 

!

:o :o :o Oh you are good!....very good!!!!:p hahahaha

 

Wxxxxx

Poor Paul, I bet you don't know what's hit you having us lot on your thread....but when it's serious....we are too!!!!;)

 

 

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Paul, this kind of thing makes my blood boil. How can they be allowed to get away with springing this on you just as you were about to go in? Particularly in light of their comments in para 2! It doesn't sound as if you could have done any better with a judge like that, and I think you did a tremendous job.

 

Having read their document I think they were really struggling to put forward an argument against your mistake (paras 17 and 18]. These seem very weak arguments to me.

 

Anyway, I'm sure you need a bit of time to get over this and its not for me to start suggesting that you should carry on after what you've been through (although you will be supported I am sure if you do decide to appeal). Can I just give one tiny criticism? I had no idea you had this hearing coming up until this week when you mentioned it. If you do go back for more, PLEASE ask for more help with it. You seemed to keep this all to yourself, I'm not saying we could have changed what happened at the hearing, but if there is a chance of undoing this it makes sense to get lots of ideas and help with it.

 

I'm sure everyone here will be behind me in extending a very much deserved group hug. WELL DONE for having the courage that was needed to take them on, never mind what happened, they are IN THE WRONG and they had to STOOP TO DIRTY TRICKS to get this past you.

 

Candles%20and%20group%20hug%208x12%20300%20dpi.jpg

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I think the barrister must have been on some kind of bonus because the ammount of effort he put into stinging me for costs was embarrissing, i quote, if mr Walton had sought advice from local solicitors 99.9% would have made it clear to him that the claim was doomed, therefore he acted unreasonably, he also caused an adjournment by springing a document on the defence whithout submitting it beforehand, the defence also stated that the application to strike out was made before the allocation to small claims so costs should be awarded.

The judge made no order for costs.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Guest willowb

That's all it's about though isn't it? not somebody trying to get his/her life in order and fighting for what they believe is right and incidentally what the Law is conceivably telling them is right, NO it's about money....money....money.....sorry, forgive me......too much wine!

 

I'm so glad they didn't get away with stinging you for costs paul, at least that's something!

 

Wxxx

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The fact that there's a number of people veiwing this thread i would like to draw attention to the CCJ. A number of months before i issued the claim i wrote to the credit management department for a statement of account.

 

Since 1998 theres been no correspondance what so ever apart from my monthly payments to reduce the debt.

 

So to receive a statement of account that had grew not reduced was frightening, furtheremore the bank had been applying interest at £400.00 per qaurter.

 

When i contacted the bank asking why the interest was being applied they revealed, wrongly, that the debt had never been subjected to a CCJ so interest would still apply, i then rang Manchester County Court to see if they still had records of the CCJ, apparently the court remove all records after 6 years.

 

After much searching i found the original judgement (big relief) and got in touch with the CAB who then contacted the bank on my behalf, suprise suprise the bank revealed they had set the account up wrong, and would alter to suite.

 

I don't know how wide spread this is but i've had 2 pms with people in the same boat, but unfortunatley have no proof the debt was a CCJ. Now thats what i call shafted.

 

Paul.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Guest ian cognito

Paul, firstly can I say I'm gutted for you, and while my sympathy (and that of others) is heartfelt, I'm hoping that some of those who have been so healthily debating these issues will be along in force with some ideas to turn this around.

 

How long do you have to appeal this decision? I am currently at the start of this very same process (SAR stage) and if I can do anything differently that may help you (and others) out than please let me know.

 

I am thinking there is a method here by the bank and perhaps it would be good to find out exactly how many people the bank have 'set up the account wrong' for, have they now removed the interest from your account and has the debt been paid in full?

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Paul, firstly can I say I'm gutted for you, and while my sympathy (and that of others) is heartfelt, I'm hoping that some of those who have been so healthily debating these issues will be along in force with some ideas to turn this around.

 

How long do you have to appeal this decision? I am currently at the start of this very same process (S.A.R - (Subject Access Request) stage) and if I can do anything differently that may help you (and others) out than please let me know.

 

I am thinking there is a method here by the bank and perhaps it would be good to find out exactly how many people the bank have 'set up the account wrong' for, have they now removed the interest from your account and has the debt been paid in full?

 

Hi Janquinny, no the debt is still ongoing and will take a number of years before it's settled, the answer to your second question is no i requested a statement about 6 weeks ago and the interest is still being added.

 

If the bank continue to say the debt has never been subjected to a CCJ and i think i'm the only one that can prove it, i may just play them at their own game, i know they don't have the original signed agreement because i've made 2 SARs and CCA requests, and we all know that a debt is unenforceable whithot a signed agreement.

 

You have 14 days to appeal.

 

Paul.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Guest willowb
£400.00 per qaurter.

 

.

:o :o :oHow much????

 

the bank revealed they had set the account up wrong, and would alter to suite.

So, what does that mean? that they'll refund the interest? If they refunded the interest since the CCJ was put in place would it clear the debt? we are talking 9 years of quarterly interest of £400 aren't we?

 

Hummmm the CCA issue....been thinking about doing the same with our Abbey Loan which is defaulted....just taking it all in!

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:o :o :oHow much????

 

 

So, what does that mean? that they'll refund the interest? If they refunded the interest since the CCJ was put in place would it clear the debt? we are talking 9 years of quarterly interest of £400 aren't we?

 

Hummmm the CCA issue....been thinking about doing the same with our Abbey Loan which is defaulted....just taking it all in!

 

My payments are reducing the debt, it wouldn't be a case of refunding the interest just removing it.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Paul, this kind of thing makes my blood boil. How can they be allowed to get away with springing this on you just as you were about to go in? Particularly in light of their comments in para 2! It doesn't sound as if you could have done any better with a judge like that, and I think you did a tremendous job.

 

Having read their document I think they were really struggling to put forward an argument against your mistake (paras 17 and 18]. These seem very weak arguments to me.

 

Anyway, I'm sure you need a bit of time to get over this and its not for me to start suggesting that you should carry on after what you've been through (although you will be supported I am sure if you do decide to appeal). Can I just give one tiny criticism? I had no idea you had this hearing coming up until this week when you mentioned it. If you do go back for more, PLEASE ask for more help with it. You seemed to keep this all to yourself, I'm not saying we could have changed what happened at the hearing, but if there is a chance of undoing this it makes sense to get lots of ideas and help with it.

 

I'm sure everyone here will be behind me in extending a very much deserved group hug. WELL DONE for having the courage that was needed to take them on, never mind what happened, they are IN THE WRONG and they had to STOOP TO DIRTY TRICKS to get this past you.

 

Candles%20and%20group%20hug%208x12%20300%20dpi.jpg

 

Bong, the court directions order was for the defence to reply before the 18th Dec, beleive me if they had complied with this you would have known about it.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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