I think his kipper is lovely.

He's my hero and i love him :o

N244 details 1 C) Tick without hearing 5) District Judge 6) Platform Homeloans (defendant) Moneymania intend to apply for an order, that the defence be struck out pursuant to CPR Rule 3.4(2)(a & c) and without prejudice to the previous, CPR 3.8 (3)(b) be issued. The claimant respectfully requests the above orders are issued without relief from the sanctions. tick evidence in part c box. Part c: 1)The claimants have noted that the defendants response to the claimants claim and the defendants defence seem to be nothing more than a styled generic template response to claims of this nature. Claims of this nature should be dealt with on an individual basis and on their own merits. Therefore the claimant contends that the defence submitted has no reasonable grounds for success pursuant to CPR Part 3.4(2)(a) and is an abuse of the court process. 2)The claimant would also like to mention the court order of 28th June 2007, whereby District Judge xxxxxx requested further clarification and disclosure of cost's to the defendant and ordered that it be complied with or the defence will be struck out WITHOUT FURTHER ORDER. The information submitted by the defendant was, again, nothing more than a generic template for these types of claims, with no clarification or proof of cost's involved, what-so-ever. The claimant respectfully requests the defence be struck out pursuant to CPR Part 3.4(2)© 3)Without prejudice to the above, the claimant requests the sanctions imposed within the order of 28th June 2007 be actioned, without any relief of sanctions pursuant to CPR Part 3.8(3)(b). The reason for the request of no relief of sanctions are outlined in (1) above. wot you reckon?????

Hi all, just wondered if anyone had any guidance on this :?:D

thank you, thats what I thought but you never can tell. I'll stick to my post now, http://www.consumeractiongroup.co.uk/forum/mortgage-companies/61934-mm-platform.html I'm seem to be hijacking this thread a bit. :roll: thank youoooooo

update. received platforms disclosure info today.....mmmm they still ignoring the judge's request for disclosure. the claim is for unpaid d/d charges etc and is for £500, they have issued a counterclaim for £3000 They are relying on their indemnity clause for counterclaim, which i hit back with unfair terms etc. platform issued draft directions for fast track, the judge replied, nay way lad..........so small claims it is. the judges directions after allocation did not mention anything about the counterclaim, just my claim for charges. judge wanted full schedule from me,, duly served, and full disclosure from platform, with a note stating that ' if the defendants fail to adhere to this direction, the defence will be struck out without warning. Now I can't rely on the judge to strike out the defence, so I need to issue a N224 form pursuant to CPR 3.4 (i think) Any help on this would be magic, as the DJ already has the case notes with him.:)

Hi Chrbydis, is there an update on this?? Any reply from the FSA on the indemnity clause from platform?? The reason i ask , is that I just received platforms defence bundle for our claim for returned d/d charges etc. Again.. they have failed to disclose cost's pursuant to the judge's order and rely on a weak defence of ' you signed the t&c's...blah blah blah. our claim is for £500, their counter claim is estimated @ £3000

any update on this one Phill?

Wouldn't that be classed as an unfair indemnity clause? Surely a clause like that would prejudice your right to issue a claim against them.

sorry guy's and gals, you keep posting 2 or 3 post's to my 1. I'm a bit slow at this. :D if you can get away with getting the info without having to send any money, that would be benificial to you. but they could just ignor you, which would benifit you anyway.

you should use our own template letters. just amend to suit your individual needs, also add the 'I do not acknowledge the alledged debt' bit. I would of thought the Halifax would be

you could send am SAR request but make sure you indicate that you do not acknowledge the debt. You never know, they may owe you more than you owe them

if your last contact with them was Jan 06, then by Jan 2008, the debt would be time barred. that's providing you don't acknowledge the debt from now till jan 08

bump

A request for the original agreement is being send recorded tomorrow. Lets see what they say shall we.

bump

bump

I do feel that our property was undersold. They are now chasing us for a £10k shortfall. I have a feeling they will want to start court proceedings on this issue asap. Is there anything I could send them to a) give us time to sort out our finances b) to stop any interest being added to the amount owed. Please help.

Hi. in addition to the query below. The charges on our RBS account have been sorted. This process was started in October 2006 and claimed for 6 years worth. I wish to start another claim if possible to claim charges from when we aponed the account till 2001. Is it possible? How long do I need to wait before I send another DPA request with fee?

Bump ;) ;)

Your probably best doing them as two seperate claims, as they are 2 seperate accounts.

Bump ;)

Bump

Thanks nailpost. The unlawful charges are no longer an issue, if you know what I mean . Although they have refused to remove the default notice. I didn't make it part of the charges issue so I feel I have very little leverage now to get default removed. I have no problem paying the debt owed to them, providing all paperwork is in order. This is why I'm wondering if the overdraft is covered by the CCA, as it is rolling credit afterall, just like a credit card. But I have a feeling the big boys may be exempt from the CCA. If any one could let me know either way, I would be very grateful.

Hiya, sorry my fault, they have added the PPI to the amount of credit. The PPI, which we were forced to have, according to the T&C's of the policy covers for 5 years, and the premium of £1620.37 has been added to the amount of credit. The term of this second charge is for 15 years, so we would have to take out 3 rolling policies. We certainly were not aware of this until a couple of days ago. So the £1620.37 premium, @1.2% p/mth, over the 5 year period of the PPI policy = ? Then you would need 3 of these policies to cover the term of the agreement....ouch...ouch....ouch. Thats a lot of money for a policy that would not payout anyway. Any ideas?