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mothership99

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Everything posted by mothership99

  1. Thanks for that. I already wrote giving them 7 days to refund the money, they claim it's approved but then say it's not. Grrr. Will contact credit card company then thanks again.
  2. Hi All, Any advice about how to proceed would be brill please: In short - showed their expert uneven floor, he said no problem, bought floor but not collected, their fitter said can't fit as floor too uneven, now can't get a refund out of them...... In detail - Visited Floors-2-Go, chose flooring and advised that concrete sub floor has bad cracks and uneveness. Advised to get their 'surveyor' out as he was the 'expert' and could advise how much floor to buy and what to use to level the floor. Surveyor came out advised to use 'levelling boards' as underlay, returned to shop and bought the amount recommended by surveyor along with underlay he advised and priced for. **F2G advised me to not collect the floor as unused flooring can only be returned for 28 days following collection not payment** Their recommended fitter came to see the room and measure it (despite being measured already by their expert). He said the floor was too uneven for the underlay we had paid for to work and that there would be bounce, soft spots and possibly creaks. Returned to shop to advise them and asked for refund because if their expert surveyor had told us this we would have used local carpet shop instead. Shop agreed with us, blamed the surveyor and fillind in credit request as shops can only process £250 and bill is nearer £500. They have 10 day refund policy, now nearly a month later and no refund. Head office say refund been approved by area manager but awaits director. Can't buy carpet until refund received. Meanwhile no carpet, no flooring, just cracked concrete floor, sub zero temperatures and begged borrowed and stolen mats and rugs. What should I do?
  3. Phew, in the words of Michael Winner - "Calm down" - I didn't mean to begin such a heated debate. Many thanks for clearing that up. I shall sit tight and wait then tell 'em to sod off.
  4. Hi guys, I got a ticket in Ambleside St Martin's College car park at the weekend. My own stupid fault I s'pose as I totally misread their sign and paid the weekday rate of 70p for 1-2 hours instead of £1.80 for 2 hours. I got back to the car (I thought with 15 mins left) that my partner had driven in and found a ticket, overstaying and not parking in a marked bay. The car park was no where near full when we arrived or when we got back, and the attendant watched us park and could have said something there and then, there was no business lost because of the car being inches over the T-mark. The ticket is for £60 reduced to £30 if paid within 7 days. The ticket man saw me remove the ticket and spoke to us. I am the registered keeper but was not driving it that day. I bought the car only on 28th July so DVLA may not have sorted it yet and may give the wrong details to Excel. What should I do do you think? Anna
  5. There was nobody representing A & L. I was sitting next but one to Jenny. I'm keen to find out what happened to her too.
  6. Hi all, I'm probably the first one out, I didn't have to stay for the actual hearing this aft. I wasn't on the Court's list after all, they had me down as settled. In accordance with what I was told this morning I went in to hear Judge Greenfell's speech anyway, I got chance to ask him to set mine aside pending clearing of funds. He was dead good and agreed straight away. There were a couple that got dismissed through non attendance, but these were where the banks had paid some money that had not been acknowledged so maybe the claimant's deemed it settled without telling anyone. There were probably about 40 folk there today and representatives from most banks, but not all. Quite a lot of press too. There was an adjournment until 2.30 then whoever didn't settle during it will go on to the hearing. I'll be watching here to see how everyone went on. Well done all!!!!
  7. Just spoken to the court. Asked them to keep claim open till cheque cleared and they pretty much said I had to go to court and see what the judge has to say. They said they are unable to advise me what to do. If I don't go today the judge may strike out my claim. So if that heppens then the cheque doesn't clear I'm buggered. I'm off there first then!
  8. Yippee. Cheque for £1600 at home tonight from First Direct, original claim just £840 so that's nearly doubled. Still got to clear though, in all honesty is it really likley to be stopped or bounce? Do I just phone the Court in the morning to say I've settled? Also letter from DG Solicitors offering me a lesser amount and with a confidentiality clause....letter said one amount, disclaimer said another amount. They can go jump off a long pier! Thanks everybody.
  9. Thanks Calculator but.....sorry, I still don't get this whole Wasted Costs thing. I've looked at the permalink post by Bankfodder that you redirected me to but the Order says this - To make a wasted costs order you must supply:- Application letter Draft order Schedule of costs incurred and time spent list of settled cases for your bank taken from our litigation section (best entered into a spreadsheet) - just list the claim number and the bank and amount settled. This sounds very much like what was requested at 35 on the CPR sheet. Are you saying to simply ask for a refund of my lost hours at work for the day in court or something other than that alone? Also the accompanying letter says - I also enclose a list of all cases of which I am aware in which XXthe bankXX was the Defendant. Every one of these cases was settled in full before a hearing despite a defence being entered by the Defendant. Where do I get this from? I've found the link to the spreadsheet of winners but were they all settled "in full before a hearing despite a defence being entered by the Defendant"? Thanks in advance, for me and all else who may be similarly confused.
  10. I'll be there about 10.00 tomorrow, shuffling from foot to foot nervously, wishing I still smoked. Hope they have a nice big waiting area. I presume we don't all go in together. Should we all have prepared a Wasted Costs order to take? I'm still a bit confused regarding this - are costs claimed as Lit in person the same as one would claim in a Wasted Costs Order or different? FD still haven't contacted me but it is a closed account and I've moved house so their file details for me have changed. Their solicitors, DG, know where I live and my mobile number would be the same as FD have logged for me. I wait with baited breath.
  11. Can someone clarify the position as far as the term 'Without Prejudice' goes please. I thought it meant that something 'Without Prejudice' is not admissible in court as evidence. Yet when I filed my claim against First Direct the court staff told me I could include it in the bundle if I wanted. Go figure? Furthermore, all of FD's letters to me and my responses have this term written on the top. I thought I was being clever copying them. If I can't show them in court then how can I show evidence of past communication between us? Also...by the way.... I'm crapping myself about Thursday - I booked 1/2 a day off work in accordance with the 1/2 day allocated by the court. How in hell can they get through 200+ cases in 1/2 day when they don't start till 10.30?
  12. Thank you everybody, you are all very helpful and it is certainly appreciated. Last time I went to Court in Leeds it was for not paying my Poll Tax (1989 I think) at what is now an O'Neills Irish pub behind the Town Hall and I lost!
  13. Just logged back in after a few days away from the internet. Big thanks to zsazsa and j.barton1 for your reassurances. They are greatly appreciated. I am taking the CMI to leeds Court tomorrow in my lunch hour - can anyone give me an idea how long it'll take me and where I go when I get there as I have to then brave the Post Office in the centre too in order to post the CMI to First Direct and their solicitors? Just one other thing...I promise...still a bit confused regarding costs, I've added them to the CMI form, but what about the Wasted Costs Order thingy that I've seen mentioned by BankFodder on here somewhere (but handily can't now locate). Seems this is separate to the costs asked for on the CMI sheet, so how does it all fit?
  14. Jenny, I was being far more literal and probably stupid. I have already asked for interest at 8% per day on each cost from date it was charged on my original court claim. I was wondering how it works if the banks pay you out before the hearing. Do you agree a sum with them or do they offer you money minus the costs and interest to test your resolve? Sorry to be a fool but I've only ever had correspondence from the bank never a phone call and the prospect of court is very daunting.
  15. I've just finished my CMI and will take it to the Court tomorrow or Friday. I'll also post a copy to First Direct (the scoundrels). I added costs in at No 35. based exactly on Jenny's 25 hours, I've probably spent over 25 hours on it so far but how on earth do I prove it? Should I file some kind of form to claim this or is just the mention on the CMI sufficient to get me this extra cash back too? I'm a tad confused. If the banks are settling prior to the Court hearings, then exactly how is the settlement sum arrived at? Is it What they owe plus original court filing costs, plus interest at 8% accrued daily from charge date? Just what they owe. No. 1 above plus extra charges (£231.25) - as per answer No. 35 in the Costs section of the CMI sheet ...and how exactly do they work out the interest or does the court do it, no that can't be right as it won't have made it to court. I'm chasing my tail. Help...
  16. Thanks for the quick reply... The Court hearing papers just mentions that the CPR 59 should be sent prior to 7 days before the date. I was a bit unclear as I've seen the AQ's mentioned in relation to Mercantile Court elsewhere. Also I have not received the bank's Defence which I'm told they filed. Is this usual? May I say also that I have come from Penalty Charges and there is little help available on their forums on the subject of Mercantile Court transfers so I've posted there that this website (CAG) has more info. Hope this is ok, as I know there are lots of us in Leeds at least. Thanks
  17. I'm at Leeds against First Direct too on 28th June. No AQ's or CPR59 done yet though, should I worry?
  18. Me too, I'm off to Leeds on 28th June against First Direct. I haven't submitted any AQ's or CPR59 though - should I?
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