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Important advice: go to any hearing you've had notice of anyway, with copies of your paperwork. Explain any problems as "due to the postal strike"

 

Ask the judge to stay proceedings until the OFT high court case is decided.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Its done - £290 lighter now!!!

 

Thanks for that advice Tomterm - do I still go to the hearing on the 25th?

What should I expect to happen now?

 

Wally

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Its done - £290 lighter now!!!

 

Thanks for that advice Tomterm - do I still go to the hearing on the 25th?

What should I expect to happen now?

 

Wally

 

Did you hand it in in person / use MCOL?

 

If you don't hear anything, call the court up in a week, to see whether they've recieved you applications / whether an order has been produced/ whether a response has been submitted.

 

You can also call up a couple of days before the hearing, and check if it is going to go ahead.

 

If you don't get any further instruction from the court, turn up to the hearing.

 

===

 

EDIT: IMHO, this case is very likely to be stayed subject to the OFT test case, which will take between 9 months and 1 year to be resolved.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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I actually went in to the court and handed it in in person.

I'll ring the Court end of next week if I dont hear anything.

Big thanks for your advice

Wallyx:D

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Just got home from work to find a short letter from Shoosmiths.

It reads as follows:

 

"Our client has instructed us, on a strictly without prejudice basis, that they would be willing to settle the indebtedness (what indebtedness - cheek). Further to this we enclose an Income & Expenditure report along with a pre-paid envelope. We ask that you complete the form along with any proposals for settlement and return within the next 10 days."

 

What do you make of that everyone???

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What do I make of it? I reckon that unless they're inclined to drop their case they should have a serious re-think!

 

Sounds slightly more positive than it has done recently though Wally - but I'll leave this one for Tom, he'll have more of an idea than me I think! x :)

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What do I make of it? I reckon that unless they're inclined to drop their case they should have a serious re-think!

 

Sounds slightly more positive than it has done recently though Wally - but I'll leave this one for Tom, he'll have more of an idea than me I think! x :)

 

personally, I'd put it down to left hand not knowing what right hand is doing. the letter is an automated letter, and since the matter is subject to a court decision you should only respond to it if you want to settle the case.

 

i would send this back:

 

"WITHOUT PREJUDICE SUBJECT TO COSTS.

 

With regard to your letter dated XX, I am confused as to the content. As you are aware, the matter is subject to court action, and my recent counter claim.

 

Please be aware that I dispute any liability whatsoever.

 

I am, however, prepared to consider any reasonable offer of settlement you might make in order to reduce court costs.

 

Yours Sincerly,

 

XXX (type, don't sign)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Thanks Tom and Hedgey

 

I think your right Tom, they dont seem toknow what they are doing. Why go this far down the road and then ask for a proposal to settle?:confused:

 

Anyway I'll send the above letter and keep you updated.

 

Luv Wallyx:)

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Hi

 

Just had a letter from the Courts to say that due to my Defence (thanks Tom) they are staying the hearing until the outcome of the OFT High Court Case.

In the same post had a letter from Shoosmiths saying that they understand I have applied for the SAR but havent received the £10:rolleyes: (oh my god-what do the think they are doing)? I'll file that one under R for rubbish!

Anyway I'll keep you posted.

Many many thanks once again:)

Luv Wallyx

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That's good news Wally - gives you some breathing space to have everything prepared for a later date. Well done. x ;)

Can't find what you're looking for? Please have a look at Michael Browne's

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*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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  • 3 weeks later...

Good morning everyone

 

Had a reply from Shoosmiths in reply to the letter I sent (as per Tom). It reads as follows:

 

"We have been instructed by our client to put forward an offer to settle this case in order to avoid any further Court hearings and further costs.

 

You will be aware that our clients claim was for the total sum of £9,086.95 (this is totally incorrect). Our client would be prepared to settle this matter for the sum of £4,544.00 (thats jolly decent of them) which equates to approx 50% of the amount claimed. Our client would be prepared to accept this in monthly instalments of £20.00.

 

We believe that this is a very reasonable offer :rolleyes: and confirm that if you are agreeable to this offer then this will be in settlement of the proceedings issued in the Telford County Court and the proceedings currently being heard in the Canterbury County Court.

 

If you wish to settle this claim then please contact us and we will arrange to draft the appropriate Consent Order for you to sign so that we can file this with the Court to advise that the matters have been settled."

 

So, what about a very sarcastic reply back. They clearly have NO idea what they are doing. Are they just ignoring the counter claim and hoping I will agree to their offer? For a start the figures they are quoting are wrong and with my counter claim they actually owe me.

 

What do you think my reply should be?

 

Luv Wallyx:)

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Hm... how much was their actual court claim, how much was your counter claim for charges? (I know it probably say on your thread, but I'm lazy:)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi Tom

 

The amount they are actually chasing for is £6834.76 (the amount in their letter above is incorrect, the Judge queried interest rates and they changed it from £9,086.95 to the £6834.76 above).

The Counter claim I have submitted is for £6704.11 plus 8% interest totalling £8763.27, plus of course the court charges.

 

I dont think your lazy - without your help I would be in s*** street:D

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What about the nice and simple

 

Dear XXXX,

 

Re: Your Offer,

 

I am quite purplexed that you have stated in your offer letter dated XXth, that your court claim is for £9,086.95. In actual fact, after the judge queried your interest calculations, your client reduced the value of the claim to £6834.76 .

 

As you are aware, I have issued a counter claim in the amount of £6704.11 , plus interest.

 

I am also considering further action in respect of inaccurate data held on my credit file, since it is clear to me that the amount of any default notice was incorrect.

 

While i am, of course, always willing to consider methods of resolving this case amicably, I do not feel that accepting your offer would be to my advantage,

 

Yours Sincerly,

 

XXX.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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  • 4 weeks later...

Hi

 

Sent the above letter to Shoosmiths as suggested by Tom.

Havent heard anything back but today have received a letter from the Court saying that the hearing is adjourned until the 20th Dec at 10.00am.

I was under the impression that a stay had been put on until the outcome of the court case in January.

Do you think I should ring the Court on monday and clarify this:confused:

 

Wally

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Rang the court who where as confused as me

 

After alot of phone calls it is because Nastywest have got to explain to the Court why they have changed the amount they are claiming.

The Court reckon it will probably be postponed until the whole case is heard next year.

 

So that explains it:)

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Had another letter from the courts yesterday.

 

Apparently the case is being heard on the 20th Dec for the change of amount Natwest are claiming.

I have been told to attend.

Do I need to take anything with me ??

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  • 3 weeks later...

Just an update.

Went to court last week. Firstly it took the Judge 30 mins to get his head around what Shoosmiths have been up to.

They sent a young lad from Law school who had no idea of what was going on - in fact I felt sorry for him.

The reason I had to attend was because Shoosmiths have never dropped the original claim which they had lodged at Telford Court - their next claim and my counter claim is with the Canterbury Court.

Therefore the Judge asked if Shoosmiths actually knew what they where doing and told the young lad that as he had no durisdiction over the Telford Court they had to cancel that claim and stick with the Canterbury one.:rolleyes:

The Judge did say that it was his opinion that the Test case in January will probably lead to the Banks being told to reduce their rates which is what happened to the Credit card companies.

Anyway basically thats it for now I suppose we have just go to wait and see what happens.

 

Have a lovely christmas everyone and a Prosperious new year (without bank chgarges):D

Wallyxx

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  • 1 year later...

Well - long time no posts. What a suprsise that the banks won!!!

So what do I do now? The Bank was claiming their charges back from me and I am counter claiming, does that mean that I have got to pay them back now??

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  • 4 weeks later...

Let them go ahead and do the best you can, if you say the charges are unfair they have to defend that claim and prove that they are fair. That's what the Guidance notes say see OFT854, it's on the internet. Any claims of an unfair relationship the defendant has to prove he was fair, the onus is on the bank to show the charges are fair. By defendant I mean defendant to your counter claim.

It's not as if the court will cost you anything and you have spent so much effort in getting this far.

 

Best wishes

 

iIeuan

Edited by ieuanMr
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Thanks for the advice.

They have given me 8 weeks to respond and as I am away in Australia for 4 weeks I'm not going to worry about it till I get back.

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