legalpickle
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Great! I'm keeping this browser window open and later tonight I hope to pop back with proposed letters for you to send to the court & DG Solicitors that closes this section. Once those are sent off - by fax - please come back here and I'll tell you what you need to do - Witness Statement from boss and the like - before we can go ahead with more proceedings. But I doubt I'll be able to actually help you to issue them till late March earliest, but that's Ok. We'll get LBA's off next week and give them 4 weeks to respond! I'd like to separate the loss of earnings into a new thread when we're ready, but I'll deal with that tomorrow or Tuesday, when you have confirmed that you've faxed off the letters.
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About bleeding time too! Please can you give me some pleasure and post up the letter - minus confidential details - as an attachment here? We also need to write a letter to the court and to DG Solicitors to tell them the payment has finally been made and the court should mark the judgment as satisfied. Also are you intending to take action for loss of earnings? If you are I recommend you stay with Horribly Slow Bank Clerks till that action is over as your being a good customer might at least speed up a settlement - on the odd occasion.
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PLEASE HELP! URGENT Allocation hearing TOMORROW!
legalpickle replied to Parent84's topic in General Consumer Issues
I do not think you have the ability to do this yourself. No offence meant. Your defence document proves this. This is not a simple case where yes/no answers will suffice. It would be incompetent of me to give such short notes. A lead would not help you on how to phrase the documents. That is only something that experience teaches you. This is a case where I would say unless you have legal background don't do it yourself. Till it is clear as to their case and your case I would recommend against any offer. As you haven't written your case up competently they would refuse now, and if it were phrased competently they would probably be running to you to make an offer! I seriously recommend you retain a Solicitor. I cannot reiterate this recommendation enough. When I commit to something I see it through, and I would have likely committed - at least to phrasing some documents - a month ago, but now my schedule is so chocabloc I can't see myself having the time to phrase some lengthy and competent documents in your case till June/July at the earliest! Apologies. -
PLEASE HELP! URGENT Allocation hearing TOMORROW!
legalpickle replied to Parent84's topic in General Consumer Issues
The word is adjourned and possibly. But it would be more likely to be accepted if it came from a Solicitor who had just been instructed by you, unless you had darned good reason for leaving it so late! And it wouldn't make me be able to find the time at this stage to assist. Apologies. I seriously recommend you find a Solicitor to help you. If for that you need my assistance I'm happy to try and help. -
Not forgotten. Composing a response. May have to wait till Saturday night as the Sabbath comes in at 4:58.
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Wedding Honeymoon one problem after another
legalpickle replied to sexyfufu's topic in Holiday & Airline companies
This is their default response, and is from a different department to the legal department. They won't know that the legal department has the claim and will be dealing with it as though they have 8 weeks to respond, hence the reason you've received it. Ignore it, but keep it. -
Wedding Honeymoon one problem after another
legalpickle replied to sexyfufu's topic in Holiday & Airline companies
Download PrimoPDF for free from PDF Converter — #1 Free PDF Creator — PrimoPDF, "print" the Word document into PDF - should compress the size - and then upload it. -
Wedding Honeymoon one problem after another
legalpickle replied to sexyfufu's topic in Holiday & Airline companies
You've now done it as a text file! -
Wedding Honeymoon one problem after another
legalpickle replied to sexyfufu's topic in Holiday & Airline companies
1. 'i' before 'e' except after 'c'. 2. PLEASE upload documents as Word files not images. It automatically puts them as thumbnails and is VERY annoying. -
Sorry. Been MAD busy. Will deal with a response to you tonight or tomorrow night.
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Judicial Review - Financial Ombudsman Service
legalpickle replied to legalpickle's topic in Financial Ombudsman Service
I think you're a bit confused, though some of what you're saying is right. A SAR applies to personal information relating to the Data Subject (i.e. requestor / applicant). This applies jointly to all public bodies, though there are different rates - such as for medical information - and certain exclusions - such as certain medical information where it may not be in the best interests of the requestor to have that information disclosed. A FOIA request applies to public information - not relating directly to the requestor, but the general public - from public authorities and covers Local Government & most Central Government. The FOS is excluded from the FOIA as it is a company incorporated by statute as opposed to a public authority. Judicial Review however is not excluded with companies incorporated by statute, such as the FOS so can apply. Though to date nobody has succeeded in a Judicial Review against the FOS. Hope this clears it up. I'll try to respond to HermieMonk's post later on. -
PLEASE HELP! URGENT Allocation hearing TOMORROW!
legalpickle replied to Parent84's topic in General Consumer Issues
Parent84: I received your PM. Help given on CAG is given publicly. I cannot accept you sending me documents privately, sorry. You have left this to exactly 2 weeks before your next hearing! The last hearing was 8th January, so you've seriously procrastinated. I understand you're probably busy, but so am I. I don't ask for money for helping people on CAG and don't expect it. But I do expect people to act quickly and give me as much time as possible to respond. There is no way I can prepare anything this quickly when I'm so bogged down with work: - I have a defence & counterclaim to file, that will take me about 8 hours to prepare tomorrow. - I have to prepare 2 AQ's & Responses to Defence by Friday. - I have to prepare a Schedule of Costs & Response to Witness Statement by Monday. - I have to study. - I have to help others I am committed to helping and have been assisting for a lot longer. - I have a hospital appointment on the 16th, court hearings on 17th & 18th. - Over 20 documents to prepare by 24th February besides the above. - Then I have court hearings on 3rd March, 7th April (x2), 21st April (x3) & 28th April (x2) besides for numerous other things on. And I'm going away on 6th May for 3 and a half weeks. Had you given me more time, even with my VERY busy schedule, I would have at least tried to get you through this hearing. I just can't do it at such short notice. My recommendation - instruct a Solicitor. Get him to ask for an adjournment by consent, and get the documents in order. If you need help finding a Solicitor, please advise whereabouts you live, approximately. Apologies. -
Thanks for the link! After spending more than 4 hours yesterday and about an hour today looking for travel insurance to cover my pre-existing conditions I found that Karma Insurance gave me the cheapest price of £135.07. On other sites and calls, I was either refused cover for some conditions (the most common is High Blood Pressure - a friend told me they do this often because almost every condition is related to High Blood Pressure so they can use it as a get-out clause!), outright refused cover or quoted between £150 to £860! One company - forgotten the name - even listed a price of £120, but then at the end added the regular premium, not showing it previously the sneaky b**t*rds! Now booked insurance - one thing to cross off!
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Hi All, Does anybody have any details of companies that offer travel insurance for those with pre-existing medical conditions? Most travel insurance policies exclude pre-existing medical conditions. Any names, contacts or any other useful information would be much appreciated. I am travelling to Israel in May. Ta, legalpickle
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Nobody can tell you what's appropriate. That's for YOU and YOU ONLY to decide. It's not over. You are entitled to compensation for their botchup. If they don't send you a letter offering satisfactory compensation, then we prepare a complaint to the Financial Ombudsman Service once 8 weeks have gone by from the date they received it. Also we need to notify the court that the judgment debt has been paid - wait till you get confirmation from HSBC that it was paid into your account, in case they botch up again and withdraw it. Don't worry, unless they botch up again, there should be no more Special Delivery. Maximum of 1st class Recorded/SignedFor, but otherwise 1st class regular or fax.
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Technically the FOS will investigate the underwriters, but it's rarely done unless it involved an actual insurance claim. But legally in court, you can't sue the underwriters unless it's for an insurance claim, and even then it's sometimes complicated. Good Luck!
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Thanks for compliments. Please start a new thread asking for advice, as people are unlikely to check this thread which has '*** WON ***' in the thread title, and it will confuse the thread. I don't have enough time to help you with a claim at the moment, because I have too many commitments at the moment. Sorry. But it's better I say so now than you get frustrated that I am unresponsive. But, two points in response to what you write: 1) You can't claim more than 6 years back. Whilst some people believe you can because the account would still be ongoing that would be VERY difficult to fight and almost certainly defended. If you don't understand the PoC, then you are unlikely - no offence meant - to have the legal ability to fight such a difficult legal issue, which would be hard even for me to fight. 2) The underwriters are irrelevant. You cannot claim against them. Your contract was with the company you made payments to. The underwriters would only be involved where a claim was made against the alleged insurance. Don't try to claim against the underwriters, it would almost certainly be defended and you would almost certainly lose! I recommend you start a new thread detailing EVERYTHING you have done to date.
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Wedding Honeymoon one problem after another
legalpickle replied to sexyfufu's topic in Holiday & Airline companies
As expected. They now have till 19th February 2010 to file a defence. So on 22nd February 2010 - if you haven't received a defence from the court by then - at 10:15am call Stafford County Court to ask if either one of them has filed a defence. If not you file a Request for Judgment in Default, which if you ask me on Sunday 21st February 2010 we'll prepare. If you receive a copy of the defence from either of the Defendants ignore it. Keep it, but ignore it. It doesn't mean the court will have received it. Don't admit to receiving a copy of the defence from either Defendant, till the court sends you notice that one has been received, because that's what matters. -
Good. You're asking if you should send your letter of complaint to the incompetent nincampoop who couldn't see the cheque is from Horribly Slow Bank Clerks themselves?!?! Never! You're complaining about that idiot and the idiot's team, so sending the idiot a copy of the letter, would be like saying the idiot isn't as stupid as the idiot is!
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I've just checked and Crystal Ski is a division of TUI Travel plc but Thomson Holidays is a division of TUI UK Limited. Your receipt from Thomson's travel shop should state the name of the company - the exact name is what's needed. Please advise? Did you get a receipt from Crystal? If yes, what - exact - company name does it state? Whether or not they are linked is not legally relevant. There will probably be different company names, so who you can sue is limited to this. Also there is a good chance that the resort in Italy will be owned by an Italian company, which will be a subsidiary of TUI Travel plc. This means that for monies paid directly to the Italian subsidiary, you can only sue them. Let me explain the difference. If the company you paid is a "division", this usually means it is - for example, something like: TUI Travel plc t/a Crystal Ski or Barclays Bank plc t/a Barclaycard - in which case you can sue the company before the 't/a'. But if they are a separate company - usually for tax purposes - or "subsidiary" they will be their own limited or plc company. For example: TUI UK Limited is probably owned by TUI Travel plc but you can't sue TUI Travel plc for monies paid to TUI UK Limited and vice-versa. So the first thing we need to ascertain is which companies are liable for which parts. I need you to do that research and then: Break down EVERYTHING you wrote above - after I asked you for a breakdown - including exact dates (not saying 2 days later, but this was 10th October, this 12th October and so on...). Also include in this the amounts paid and to which company each amount was paid. Due to the Sabbath coming in at 4:30 and my still having other things to do, I won't be able to look at this today. Will try to pop in Saturday night or Sunday if you post before then, and try to advise further.
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Rule number 1 if I am trying to assist you. Do not write letters till I have vetted them. Your letter is not written well, and is unlikely to assist you. I understand that you hadn't received a response, but 4 days isn't a long time when the case is not urgently pressing, so please be patient! Before I advise please answer these questions: 1) The Crystal rep worked for Thomson or Crystal? 2) The booking was in your name or your friend's name? 3) Did you pay monies to the Crystal rep by credit card, debit card or cash? (If debit card: VISA/VISA Electron or other?) The reason I ask the former question is because if the rep was working for Crystal, any amounts paid to the rep would have been a contract between you and Crystal, not Thomson, and they can't be held liable for those payments.
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