[quote=tamadus; Have you guys found yet another can of worms lol? Oh, I certainly do hope so!!! Have I earned another green blob yet - it's my favourite colour!! Regards, Pam

Will do, latest update just had a phone call from the police. All i can say at the moment is that the inspector has been informed and that Barclaycard may have committed a criminal offence. I need to be carefull what i say.

Today i made the descision to go for the jugular, Barclaycard whilst in criminal default have registered a default on my account. I have spent the last hour at my local police station with the sergeant. Watch this space.

Yes there may well be; let us know what it is when you get it - because your credit file contains everything I can think of, right down to underpant size! All I can think of that they would have is copies of letters etc.; but the thing which damages you is your credit reference entry so that's the information I would be concerned with correcting to be honest.

Reading through this site alot, sent off S.A.R - (Subject Access Request), suppose I will be waiting the full 40 days for a response.

Good practical advice here: one legal point. Before he told you that he had overpaid you, while you were oblivious to the alleged overpayment, and in good faith kept the money as your own; did you make any purchases, any payments, on the basis that you had a certain bank account balance, that you would NOT have made in any event (so not ordinary bills, but (say) something special, for the new kid, or the wife)? If so, and insofar as the solicitor is claiming money paid out in mistake, then you can DEDUCT the amount of such PURCHASES MADE IN RELIANCE ON YOUR ALLEGED ENRICHMENT. You were innocent and in good faith, had, according to his case, more money than you should have had, and in good faith you spent it. It was his clerical error. You can deduct such payments. The Defence is called CHANGE OF POSITION, and it's for you to establish. It's a defence to the solicitor's claim in RESTITUTION for "MONEY HAD AND RECEIVED". i.e. the mistaken overpayment ONLY. I think solicitors have other claims against clients, called "LIENS" and such like. But from what you say he is bringing a restitution claim against you. It also fits with his allegation that you "shoul have spotted" the mistake. He is saying that so that any special expenditure is not deductable by you. Sorry for a rambly post, but I thought you should know that you do have a defence if you relied on that mistaken payment (if it was a mistake). Make very clear that you were not given the proper correspondence, and also make clear what expenditure you are deducting, if any. Good luck. PS- he has made you a Without Prejudice Offer for tactical reasons, you need to work out what you owe him, and what you can fight, and make a counter-offer. If you can, engage a solicitor used by someone you know.

I don't think you need to let the court know just yet - there should be an opportunity to let the Judge know the score at a later point. I have made a small amend in red above, I think this should be deleted. The remainder seems fine to me...

The xbox is no longer in production, and very very cheap hence why it goes so fast. Let me see if one of my stores has it in stock tomorrow (was going to buy one myself, can't remember if I canceled the reservation). If I still have it reserved, I will see if I can do anything, however I am not guarenteeing anything, and will have to be approved by my line manager. Stock transfers are rare, and have to be approved by the manager the item is coming from. You can't insist on replacement if one doesn't exist, and the offer of a refund will still stand. You will not get a 360 because a normal xbox is fault, no matter what court you took it too, and how much you complained. 300% price difference from the DTI website: http://www.dti.gov.uk/consumers/fact-sheets/page24700.html Q12. Neither repair nor replacement of the goods are possible. What can I do? You may either pursue the old route of damages or a partial or full refund. Probably either would give you exactly the same amount of money. You would seek a full refund in scenarios such as those where you had enjoyed absolutely no benefit from the goods. If you had benefited from them then you would seek a partial refund as a fair remedy. This is exactly the reasoning that would be employed if you sought damages. I am busy tomorrow, but should find time to find out for you. Can you pm me your local store as well. As I can only get a stock transfer if they have the same Distribution center.

The forum is very confusing for some people and they are constantly asking where they can find letters and guides or for links to documents. Below is a complete A-Z index of the main stickys with their links. In addition there is the ConsumerWiki A -Z here: http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/123374-consumerwiki-z-index.html Please PM me or a Mod if you find any bad links or would like to add any other useful links If you are new to forums this thread will be invaluable: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html It shows you how to: Create and Reply to a thread Quote and Mutiple Quote from another thread Subscribe to a thread Search the forums Report a post User control panel Settings & Options Finding a post/thread Posting links Send PM's (Private Messages) Attach documents Abuse of the Court System: How to Complain http://www.consumeractiongroup.co.uk/forum/campaign/97712-complain-about-litigation-behaviour.html Account Closures: What to do http://www.consumeractiongroup.co.uk/forum/bank-templates-library/106950-what-do-if-your.html Account Closure: A & L Fined by FOS. How to Complain http://www.consumeractiongroup.co.uk/forum/general/63646-alliance-leicester-fined-fos.html Account in Dispute Letter Account_in_Dispute Advantage Gold & Natwest Charges Explained http://www.consumeractiongroup.co.uk/forum/natwest-bank/27521-advantage-gold-unarranged-borrowing.html Allocation Hearing: Witness Statement http://www.consumeractiongroup.co.uk/forum/bank-templates-library/115059-allocation-hearing-witness-statement.html Allocation questionnaire http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html?garpg=9 Allocation Questionnaire - N149 on-line PDF Version http://www.hmcourts-service.gov.uk/courtfinder/forms/n149_1105.pdf Allocation Questionnaires - A guide to completion: N149 & N150 http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html Allocation Questionnaire - Draft directions order http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html Allocation Questionnaires and Stays - Important Information http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78216-important-info-regarding-stays.html Allocation Questionnaire - Stays & Strike Out http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78216-aqs-stays-strike-out.html Allocation Questionnaire - Dispensing With the AQ http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html Allocation Questionnaire - Dispensing With AQ: Action to Take http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html?highlight=dispensed Amending a Claim: Guide http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html Australian Penalty Fees Report http://www.govanlc.com/clcv20unfairfeesreport.pdf Australian Penalty Fees Report - Summary http://www.consumeraction.org.au/downloads/DL29.pdf Bailiffs Bailiffs - Consumer Wiki BAILIFFS AND SHERIFF OFFICERS FORUM http://www.consumeractiongroup.co.uk/forum/baliffs-sheriff-officers/ Bailiffs, types of and their fees http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/33623-types-bailiffs-their-fees.html Bailiffs: Letter to Refer A/c Back to Council Bailiffs: Council Tax Template Letter Bailiffs: Certification Bailiffs: Check a Bailiffs Credentials Bailiffs: Code of Practice Bailiffs: Code of Practice Bailiffs: Complaints Bailiffs: Complaint about Certified Bailiff Bailiffs: Stop Council Tax Enforcement Bailiffs: Council Tax - Stop Enforcement Bailiffs: Council Tax Template Letter Bailiffs: Council Tax Template Letter Bailiffs: Fees Bailiffs: Detailed Assessment of Fees Bailiffs: Get the Bailiff to Pay Off Your Debt Bailiffs: Get The Bailiff to Pay Off Your Debt Bailiffs: Invalid Walking Possession Bailiffs: Invalid Walking Possession? Bailiffs: Irregular Distress Bailiffs: Irregular Distress Bailiffs: Letter to Hand to the Bailiff Bailiffs: Letter for Council Tax Bailiff at Your Door Bailiffs: Complaints Bailiffs: Make a Complaint About a Certified Bailiff Bailiffs: Declaration of Ownership of Goods Bailiffs: Ownership of Goods Bailiffs: Paying During Removal of Goods Bailiffs: Paying During Removal of Possessions Bailiffs: SAR Bailiffs: Subject Access Request Bailiffs: Various Template Letters Bailiffs: Useful Template Letters Bailiffs: Valid Walking Possession? 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Letter G - When creditors have turned down an offer of payment, interest is still being added but you don’t want to go to court Letter H - When a creditor asks you to agree to a voluntary charge against your home Letter I - Request for a stay of execution in the High Court Letter J - Full and final settlement for any debt Letter K - Ask creditors to write off the debt due to your circumstances Letter L - Ask your creditors to reconsider if they refuse to write off the debt Letter M - Dispute your liability for a debt where a creditor has not contacted you for over six years Letter N - Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974 Letter O - Mortgage shortfalls: Breakdown of balance owed Letter P - Mortgage shortfalls: Please write off the debt Letter Q - Mortgage shortfalls: Full and final settlement letter Letter R - Mortgage shortfalls: Lender should not pursue under CML policy Letter S - Inform your creditor that you are terminating your hire purchase/conditional sale agreement Credit Scoring Credit Scoring - Consumer Wiki Currys http://www.consumeractiongroup.co.uk/forum/currys-dixons/ CUTTING AND SOUNDFILES LIBRARY http://www.consumeractiongroup.co.uk/forum/cuttings-soundfiles-library/ CYNtheSYS - Clydesdale & Yorkshire Costs Breakdown http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/78681-clydesdale-yorkshire-northern-system.html Data Controller , Find the address for the http://www.consumeractiongroup.co.uk/forum/helpful-external-links/26909-find-address-data-controller.html Data Protection Act notice S10 - if you have been defaulted for unlawful penalties http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html Data Protection Act - Taking a Case to Court http://www.consumeractiongroup.co.uk/forum/helpful-external-links/7054-data-protection-act-taking.html Data Protection Act 1998 http://www.consumeractiongroup.co.uk/forum/statutes-library/91-data-protection-act-1998-a.html Data Protection Act, Subject Access Request letter - List of charges http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516- Data Protection Act - Non-Compliance - Template Letters http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html Data Protection Act Non-Compliance - Particulars of claim http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html 1-data-protection-act.html DCA’s Address & Contact Details http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/14775-dcas-address-contact-details.html DCAs and Creditors - Letter Templates & Budget Planner http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html DCA's: Dealing With Phone Calls http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131475-dealing-dcas-phone-calls.html DCA: Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage DCA: Using CPR 31.14 to Your Advantage DEALING WITH DEBT IN SCOTLAND FORUM http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/ Debt - A Glossary of Terms http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/23991-debt-glossary-terms.html DEBT ADVICE FORUM: http://www.consumeractiongroup.co.uk/forum/#black-consumer-forums-center DEBT: LEGAL ISSUES FORUM http://www.consumeractiongroup.co.uk/forum/legal-issues/ Debt: A - Z of Debt Terminology http://www.consumeractiongroup.co.uk/forum/general-debt-issues/161658-z-debt-terminology.html Debt: Where to Get Help Debt: Where to Get Help - Consumer Wiki Debt: How to Get Out of http://www.consumeractiongroup.co.uk/forum/getting-out-debt/120603-how-get-out-debt.html?highlight=How+to+get+Out+of+Debt Debt Handbook: Useful Guide & Advice The Debt Handbook Debt: Letter Templates http://www.consumeractiongroup.co.uk/forum/letter-templates/ Debt Management Plan Debt Management Plan Defaulted, I have been http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html?garpg=7 Defaults & Data Protection Issues http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/ Defaults – A Removal Method & Template Letters http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html Delayed Flight Compensation EU http://www.consumeractiongroup.co.uk/forum/holiday-companies/17177-delayed-flight-compensation-eu.html Digital signature Guide http://www.consumeractiongroup.co.uk/forum/general-debt-issues/110578-digital-signature-guide.html?highlight=Digital+signature Direct Debit Guarantee http://www.consumeractiongroup.co.uk/forum/helpful-external-links/194-direct-debit-guarantee.html Directions Non-Compliance Letters http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-directions-non-compliance-letters.html Disability Discrimination Acts -1995 and 2005 http://www.consumeractiongroup.co.uk/forum/statutes-library/3708-disability-discrimination-acts-1995-a.html Disrepair in Private Rented Accommodation http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/74057-disrepairs-privately-rented-accommodation.html#post641938 Dixons http://www.consumeractiongroup.co.uk/forum/currys-dixons/ DOCUMENTS LIBRARY - 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Michelle, it's just that with a Royalties accounts you usually pay an amount each month for the running of it and all the benefits it offers which is a service charge. This can not be re-claimed as it is for a genuine service that you are being charged. There is no different way of claiming really, it's just you have to deduct this proportion of the monthly charge which refers to this. I don't know how much the charge is these days but I'm sure you can find it either from their website or by reading some other threads in the RBoS forum on here Hope that makes sense ....

Marcellep, Welcome to the site.. As has already been said by Doo & AWC - If you have any questions, just add to this thread and someone will be able to either give you the answer or find someone who can;) Just keep reading the FAQ's - http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ Step-byStep Instructions - http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html And read as many threads as possible so you get an idea as to what to expect. Get an idea of the letters that you need to send and also use the spreadsheet to calculate what you are claiming - minus the 8% until (or if) you have to submit a court claim - MCOL or N1 Personally, I wouldn't settle for anything less than the full amount that I'm claiming, however you personal circumstances may dictate otherwise. The only other piece of advice is to remember that it's YOUR claim, and that YOU set the timescales, NOT Halifax. If you start to doubt that, ask yourself this: 'If Halifax sent you a letterwith a 14 day deadline, would they accept a reply from you offering to reply to there concerns within 4 weeks..??? I think not! Enjoy you claim.. Survivor

I think, no I know, we have all been where you at now, I know I was! You know the type of thing? "They're not going to pay me" "I am going to be the test case" "I've done everything wrong" and many many other worries in that vein. Slow down, take it easy and read ALL!!! of the success stories. I managed to claim back a lot of money from the Halifax that they took from me when I was at my complete lowest and not only that they insulted me when taking it also - "can't manage your account Boo?" "Well here's a couple more thousand in charges that should help"! Everyone has some financial pitfall at some point, all you is need someone to assist and point you in the right direction, not kick you when you're down. CAG is a self help forum If you're prepared to put in the work, CAG are prepared to help. Use the forum, read as much as you can and enjoy the many many varied stories. Good luck and welcome Boo

welcome to the halifax forum - you don't need to be worried as everyone is here to help you. Just keep to the step-by-step guide and you won't go wrong.

Hi jeffmac and welcome, and yes a postal order is fine but as its a joint account you need both to claim, and as i am the same i can offer some advise which may be usefull to you. When you respond esp at court stage you cant just say mr & mrs smith or mr g and mrs j smith you have to do it like mr graham smith and mrs janet smith on all correspondance keep it the same, i had to redo court papers which meant a 4 week delay, hope this makes sence, good luck

Heres a letter to send to the court if they don't comply - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html#post485266. Send the second letter to the court on the day the deadline is up. Do not send the first letter. The terms of the order say that Barclays defence will be struck out in the event they do not comply, so don't warn them, just inform the court.

In that case you can point out their blind spot!! 3. the court will send 1 back to you.

I can see your point but what if you lost? would your friend hold you liable? basically you would be carrying out a legal role without legal training or insurance - the main ethos of this site is to reclaim our rights and to be able to do that ourselves, if they cant be bothered to learn how to do it (and yes it is very daunting at first) they perhaps this isnt the route for them - this is about empowerment - not about getting someone in to do the job for them - sorry if this sounds harsh, but the point was being missed

I've answered your points in red.

You dont have to notify the courts, just keep copies of any letters you recieve and send for your court bundle. This is their standard tactic before they offer you the full amount. Not long now.

Hi Missy, I am not a pro on all this by any means but that should be the figure that is used to work out your daily rate of interest, although it is more like 0.00022. Check on the filling out of the Particulars of Claim to make sure of the exact calculation figure to be used. basically, every day that your list of charges goes by without getting settled (once you have put your claim in) that is the daily amount of interest that has been worked out for your particular amount of charges. So you have your spreadsheet that was sent in stating so much was owed to you including the interest that the spreadsheet worked out for you and then the calculation figure gives you the daily rate that continues from that date on. Hope that helps? Good luck Laineybelle

Hi, This is to work out your daily rate of interest. your amount of charges x 0.00022 = for example: 0.00022 x 1000 = 22p

I would speak to your DMC and tell them what you want to do and ask their opinion. They may expect you to use it to reduce your debt. After all the debt has to be paid. How long have you got to go before you're clear? If it's only a short time, then hang on until later, or if the claim is large enough, you might be able to pay off your debt and still have a bit left over. Regards, Rooster.

Hi Shadrach. You don't need to put in dates as you can only claim back up to six years and that is what they will send. Enclose £10 fee. They will probably send it back to you, but if you don't include it they may well use that as an excuse to delay compliance with your request. Stick to the step by step guide and stick to your own timetable. Regards, Rooster.

Hello I know from your thread and you possibly have all the information you need but here is something you should read and ALL financial organisations should adhere to this Social Security Administration Act 1992 Miscellaneous Certain benefit to be inalienable ** 187- Subject to the provisions of this Act, every assignment of, or charge on- (a)benefit as defined in section 122 of the Contributions and Benefits Act; (b)any income-related benefit; or ©child benefit, and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors Hope this is of use

http://www.consumeractiongroup.co.uk/forum/general/3598-do-you-have-charges.html

Spoke to them, no notes on old account They did say howevever Old accounts will be dealt at, and to send an S.A.R - (Subject Access Request) to Mal Boyes TCA3 2nd Floor OPS Bootle GIR0AA vbrep_register("504469")

Natwest aren't any faster than any other bank. sometimes they're faster, sometimes they're slower. You could send your letter to the branch, but it takes a day or so for the internal mail to get it to its destination. Alternatively, send it to the head office.... Natwest Bank PLC., 135 Bishopsgate London EC2M 3UR Regards, Rooster.

Hi It's just 40 calender days. Barty:)

Hi Me. It looks as though you've got it all under control. Don't let them distract you from your purpose....Stick to your guns. You're on the home straight now. Regards, Rooster.

Hi Kevin. Start by spending a few days reading the FAQs and the step by step guide in the library section. That will answer most of your initial questions and show you what is involved. Read some of the longer threads in this forum to get an idea of dealing with Lloyds. If you follow the well-tried and tested procedures suggested on this site....... You won't need luck. Regards, Rooster.

They will only supply the data that you specify. If you want information on more than one account, then you must include all applicable account numbers. Regards, Rooster.

Congratulations. Well done. Nothing to stop you at all. The only thing is that you would be advised to open a parachute account because there is a good chance that a second claim will prompt them to close your account. Regards, Rooster.

You can't actually prepare your AQ yet as you don't have it, but have a read through this lot and you'll be ready when it's popped through your letterbox. See here: Allocation Questionnaires - A guide to completion You could also propose a Draft Directions Order: New strategy for Allocation Questionaires Other Information - Section G: It's a bit of squeeze, but very important you enter all the details. Include copy of schedule Cheque to HM Courts Service Fee will be added automatically to your claim Send copy of your AQ to Cobbetts Hope this helps!!

Hi G.M.M.M. Regardless of what they say, the charges are still unlawful and therefore they are reclaimable. They may have lowered their charges but they are STILL unlawful. Timetable should be... Preliminary request. 14 days. Letter before action. 14 days. MCOL. Good luck. Regards, Rooster.

Woolwich are settling cases lately over the phone if i were you now that you have your court date i would ring their litigation department because the woolwich do NOT want to go to court so give them a ring have your name address court ref number your total of claim that is your full amount plus interest and costs youll soon have your money back myself BigAl and traceym did this after reading welshmans thread and got full settlement read through our threads to give you that wee boost it takes to ring them nothing ventured nothing gained they are really nice to deal with nothing to be afraid off so go on ring them good luck keep us posted !

See my post 17 above, you wait until your are notified that SCM are handling your claim, through the Acknowledgement, and then send a copy to SCM. Yes, I would send a copy to SCM and explain what has happended, i.e. you sent 2 copies to the court. The court should be sympathathic as you are a litigant in person. You need to read what is sent to you when you receive it, post any queries you have here shortly after and then we will all help to ensure that you get your money. Lloyds will exploit anything that you do not do correctly.

Hi Gemz, Usually at this stage in the build up to your claim you send the LBA letter to the Borehamwood address. Their usual lame response is to then direct any court proceedings to their registered office address in Bishopsgate, LONDON. Failing this, and as NATTIE quite rightly pointed out, you can hand it in to your branch you will make sure it gets to the correct dept. The added bonus is it saves you on a stamp.

Hello and welcome to the Consumer Action Group! There are a few things that you must do before sending letters off left right and centre. By following the steps correctly you save yourself and others a lot of work! Read the FAQs. Print them out and take 2 -3 days to understand what it is you are about to do…..you wouldn’t just jump into a lake for a swim unless you knew how to swim, would you?? Understand the process. Don’t try to start halfway through, it won’t work. Its time consuming but at least you won’t be making any mistakes in getting your money back! Read through the relevant forum for your bank claim. Here you will find others journeys, celebrations and queries, most of which will help you in your claim. Start a thread in your forum, and keep it in your favourites so you can find it easier. Call it your name v bank name for example. Here you can log your own journey, ask questions and most of all offer another thread for a newer person to read (see you are giving something back already) It’s your claim; you have to do the work! Its not easy, can be very frustrating and at times you will feel like throwing the towel and letting them get away. But keep on going, seek advice from mods / site helpers/ or anyone else who is on the forum, great place for this is the chat room, try it out! And yes you do need to include a list but go over the above points first Good luck

Don't worry Mupster I received exactly the same letter, they certainly try it on don't they. You are correct in thinking that your claim starts from the date you sent your preliminary letter. Send this as a response, it did the job for me!!

Here with links.....! I need to look up more for the case law references - I will try to post links for those too. 2. Authorities ...........Description .................................................. .............No. of pages (AA) -- Copy of bank statements supplied by HBOS following (A) - 91 (BB) -- Copy of spreadsheet supplied with claim detailing specific dates and amounts as requested for refund - 1 (CC) -- Data Protection Act (1998.) - 53 (DD) -- Data Protection Act (1998.) Schedules - 53 (EE) -- Unfair Terms in Consumer Contracts Regulations (1999) - 10 (FF) -- The Supply of Goods and Services Act (1982) - 13 (GG) -- Unfair Contract Terms Act (1977) - 9 (HH) -- Office of Fair Trading Report April 2006 (OFT842) - 35 ( II) -- House of Commons Early Day Motion (EDM 2227) - 1 (JJ) -- House of Commons Select Committee on Treasury Second Report: ‘Transparency in charging’ - 10 (KK) -- Report by Kendall Freeman on Liquidated Damages (May 2005) - 3 (LL) -- Case Law Reference: Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1915] AC 79 - 2 (MM) -- Case Law Reference: Alfred McAlpine Capital Projects Ltd v Tilebox Ltd [2005] EWHC 281 (TCC) - 2