gezwee
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Everything posted by gezwee
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Lol, and I thought Natwest were s**t........... bless 'em Excellent result, very pleased you got there in the end Gez
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Jacqui Nothing to defend, they are just following protocol [albeit pushing the dj into a corner at the same time]. What you need to understand is that you've brought the case, the court may or may not understand it, and a dj likes to be shown some direction to consider........ the defendant has provided the opportunity for him to consider the options for managing the case. Have a read of Gregs thread, you'll see what I mean Don't get in a panic...... it's just a standard progression pre-allocation [all p*** and wind really ] Gez
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Kasier It's an aged account, any sign of an agreement? Have you learnt anything from this forum, you seem to be asking a question which has an obvious answer........ don't mean to appear rude but if you intend to defend this you MUST take some time to try to understand the case against you. Gez
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That's interesting that they believe it's a new complaint, they really shouldn't have an issue with pulling the original case from the archives and pressing the bank to adhere. This case may interest you, not necessarily the subject matter, more the judiciary findings on FOS binding agreements. http://www.bailii.org/ew/cases/EWHC/Ch/2010/2875.html When you next speak to the FOS, ask them for copies of all correspondence from the bank in relation to the previous complaint. They won't supply anything marked privileged or w/p but everything else is fair game. Be nice to see if there's an admission of their failings within. Gez
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That's standard...... and they complain about Lip's using templates, lol I think Greg had exactly the same draft in response to his claim
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Upendra Simplest way to check is to ring the following number on Monday morning. The Warrant suggests its already been transferred to Bolton. Mr S. Conway Bailiff Manager 01204 392881 Gez
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Bev Just been reading back through the thread..... your post #48, the draft directions are still valid and can be brought to the dj's attention at the hearing. They've already been served and filed but take a copy in your bundle for the dj to refer to. Don't forget to get a costs summary served on them the day before the hearing and [assuming a favourable decision next week] ask the dj to consider your costs. Gez
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He's got a couple of weeks to make a decision yet, if not the case is stayed ........ unless he discontinues. If he then applies to lift the stay in the future your position remains the same, if he applies for s/j...... your position remains the same.... whatever he does you invoke your rights to disclosure of docs at the crux of the case. Gez
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Whilst you consider your next step I'd be inclined to report everything to the FOS. The adjudication having been largely ignored by the bank, they would be obliged to re-open the case file. Was the decision binding or a recommendation only, and do you still have the contact details for the adjudicator? Gez
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It all helps to gauge the other sides gameplan, really can't see them trying [or being allowed] to change position following their w/s admission. The account they plead in their particulars and supported by .19 in their w/s must now be supported by disclosure of CCA compliant docs/data. The rest of their w/s is pretty much irrelevant.......... I get the feeling they've filed an overtly verbose bundle and statement to detract from the central issue. Gez
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Upendra Just re-read my earlier post and it wasn't very clear....... when I said its already been transferred I meant to say the case file and warrant will be at Bolton. There shouldn't be a need to file again but experience tells me its good practice to bring it to the attention of the bailiff dept. If that means ringing them and e-mailing/posting another copy then so be it. The transfer up to a HCEO is the bit I'm not so sure about........ give them a bell on Monday morning Gez
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Not a problem, link below....... contact numbers at this link as well. Might be worth asking the bailiff dept if they accept filing by e-mail http://212.137.36.113/HMCSCourtFinder/Search.do?court_id=73 Ask them if there's an automatic transfer up to HCEO for enforcement or if it sits with the court bailiff until you complete a writ....... I'm not 100% on this. Gez
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OK, with you now [sort of]........ Bolton for filing as its already been transferred. Oh and copy of the warrant and judgment. Gez
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Yep, they can't reverse the current position......... they've been assigned a 'debt' with a value created by a current account. The effect is they are stuck with 1 position......continue pursuing [CCA enforcement], which they can't due to the failings in the account creation. It's up to you on the day to convince the dj they don't have a case with any merit Gez
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Ok, so its been transferred to the nearest court for enforcement. Did you speak to any HCEO's? Easiest way to deal with the is to ring a couple to see if they'll sort the writ [N293A] for you, they usually do. All they'll need from you is a copy of the order/judgment and a 60 quid fee for the transfer up. There's a directory here but tbh if you ring the court they'll be able to point you in the right direction. http://www.justice.gov.uk/downloads/courts/enforcement-officers/enforcement-officers.pdf They'll ask you for as much info as they think they'll need....... contact numbers, vehicles he owns [if known], business address, home address etc etc - once they have the writ sorted they'll get on with it. Gez
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Hi Bev FRN....... Firm Reference Number Most of the major retail banking groups are listed at the link below, deposit takers must be authorised by the FSA...... if not, they can't operate a current account http://www.fsa.gov.uk/consumerinformation/uk_groups This is only of any relevance if they try to hoodwink the dj into allowing a restiutionary amendment to pleading. Can't be done, they'd need to operate as a 'bank' for a limited period to effect any changes. Tbh it's highly unlikely they'll try it on, but you just never know....... Gez
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Hi Upendra Is the defendant in the Bolton area? Gez
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Oh and.......... something else to keep the pressure on them pre-hearing Ask them in writing [e-mail will suffice for now] for their FRN http://www.fsa.gov.uk/register/firmSearchForm.do you can always follow up with a rec del request [cpr 18] This is why I believe the current account pleaded cannot now be 'undone', they are unlicenced to perform the account, or restitute prior to repleading revised DN's at a future date. They showed their hand within the w/s and they have no lawful remedy to resile that position. Gez
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Are Capital 1 contacting customers? ***WON***
gezwee replied to gregorious77's topic in Payment Protection Insurance (PPI)
Thanks Cerb -
Hi Wonky You can but state your case, hopefully the dj will see the claim for what it is Gez
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Hi Wonky The decision is yours, although to be clear the new sols are not replacing Ikon. You've got a long hearing allocated on the day, bring it up as an aside during the hearing.... something along the lines of having no service address for the claimant over the period of change. See what the dj makes of it Gez
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Crikey, that's not long........ best suggestion is to cast plenty of doubt on their case and nudge the dj to include order for disclosure of docs at the crux of their case pre-trial Link to part 24 is here http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24 It's within the courts case management powers [part 3] to order disclosure as it sees fit. It's not long enough for him to fully consider the merits of either parties pleading so it'll probably get listed for allocation to fast track within the next couple of months. You won't have long on the day so you need to be a bit shrewd with the time allocated and make certain the dj understands the primary failings of their case. Gez
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Glad you're getting to grips with it....... there's too much doubt in their case for s/j next week [in my opinion]. How long has been allocated for the hearing? Gez
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Haven't they done this now as the notice of change shows that the new solicitor is replace Ikon, albeit the notice of change that we've been sent hasn't been signed! The name of the solicitor has simply been entered in the signature box. Am I splitting hairs? Nope, Ikon advised you they were no longer acting...... The onus then falls upon the claimant to serve and file change notice to self representation. He didn't, so as far as the rules are concerned Ikon are still acting. The court notes may state otherwise but without correct notice there's been no legitimate change. In effect there are 2 changes with only the 2nd notice served, they've sidestepped/circumvented the rules for the 1st change. I'd go as far as to argue that the sols should not be recognised at the hearing as 42.1 applies. Gez
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Excellent job, spend a couple of hours here and there reading through you w/s and skel [assume you're preparing one for the hearing], try to gain as much understanding as you can for the hearing and try to make some notes of cases if they try to argue a position. ie. If they argue the DN on the originating account , you in turn argue Brandon v Amex judgment is effective There's a few cases noted on the skels already linked on here but its always best to have as much counter argument in your armoury as possible on the day just in case they throw an odd one into the mix. Gez
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