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legallyblonde25

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  1. By way of an update my claim has now been sent to the "Escalations Team" for a final response. I felt like saying you said it was a final response the last time but I will wait with baited breath to hear from this elusive team!
  2. I agree with you that it's them that has benefited. Any right of relief I have should be against them. Will keep you posted on what they say to my summons etc. Do you know of anyone who has successfully pursued this point with GE money?
  3. Thanks DX!Hi IMS, so if the agents should be fully trained by GE money are GE money therefore liable? My understanding of the common law position is that if an agent acts for a principal and the principal is disclosed (which they were) then the principal would be liable to third party but would have a right of relief against their agents? So really GE money should be paying up and claiming back of Bespoke or whoever??So far I have had final response saying claim against Bespoke. I sent a letter with Summons and saying no thanks will rather sue. Awaiting a response to that and to notification to cite their CEO.What do you think?
  4. Hi Dx, thanks for your reply. I have checked a few different threads and can't seem to find anyone with a definite outcome. I have sent a fax today asking for their solicitors' details and advising that I will require to cite their CEO to confirm their position in Court. Will see what they say-eek!
  5. I have had considerable success in obtaining refunds in all areas of finance but I am struggling with GE Money who are essentially passing the buck to Freedom Finance/Bespoke. I was sold PPI through this broker who most people know are now dissolved/in default. My written correspondence is all in GE Money's name and the lump sum premium was paid to GE Money. I am a litigation solicitor (albeit I specialise in personal injury and negligence.) I have threatened GE money with the Scottish Law of Agency and holding them personally liable. Has anyone else used this argument and had any success?
  6. Hey alanalana, sorry for the delay in replying. Have you found out how much exactly you are due from RBS in total? I think it would be worthwhile you threatening to take them to court for negligent misrepresentation and asking the court to have the contract set aside as voidable. I know to most people this is a scary thought but if under the small claims/summary cause procedure the bank would normally settle on an economical basis if not to avoid the embarassment. If you need a hand drafting a summons let me know Kind Regards
  7. Hi all. I am a commercial litigation solicitor. Last year I got myself in a financial pickle and needed £750.00 asap. I contacted welcome because I knew that they would jump at the chance to give me cash and I was determined not to borrow any more money off my parents or my own bank. I thought this way I would have an incentive to pay it off early which i did, in 3 months. At the time of applying I was asked if I wanted PPI. I knew of all the mis-selling cases and the cost of same and declined. I was told categorically that I had to take it-company policy. I made a complaint after the loan and Chris Palmer dealt with said complaint. Obviously a refund was refused so I threatened litigation but I really didn't want to go to Court for such a sum and particularly because of my job. So I have lodged a complaint with the Financial Ombudmans seeking a refund and nominal damages (a legal concept which Mr Palmer as a legal officer apparently doesn't understand along with common law.) I have also called upon Mr Palmer to produce the transcripts of my telephone conversation at the application stage. He has taken nearly 3 months to produce these. I received a call this week from him saying that I would receive an audio copy of the call by no later than friday of this week. I asked him confidently if he had listened to the conversation to which he hesitantly replied - not yet. Friday arrived and nothing has been received. I will keep you all advised of when the information ever gets sent and what he does afterwards. I have to say he is one of the most arrogant men I have ever had to deal with. Any questions, drop me a line
  8. Thanks Josie 8. I'm hoping I can use my experiences both personally and professionally to help others
  9. HI all just to let you all know that the bank offered me £3257.59 to settle. I settled today with them at £5000.00! Money should be in account by the end of this week!
  10. HI there I am a litigation solicitor in Scotland. In terms of section 6(1) of the Prescription and Limitation (Scotland) Act 1979 you can only claim 5 years. IN Scotland we have nominal thresholds for our court actions. Small claims is £750, summary cause is £1500 and thereafter its ordinary cause. YOu do not require a solicitor for small claims and summary cause. However please note that small claims expenses are limited to £75 if a diet of proof is fixed in a small claim whereas summary cause can be a bit more costly. As for ordinary cause, you will definitely need a solicitor and the expenses for merely raising an action and settling it are nearly £1k. Jurisdiction is normally based at the Defender's address so if Halifax's head office is in England you can use that to get your claim in England
  11. Hi there if the furniture is bought on HIre Purchase then the finance company are jointly and severally liable as well. At the same time as writing to reject the goods write to finance company indicating that in terms of section 75 of the Consumer Credit Act 1974 they are jointly and severally liable. Good Luck
  12. Yes, very often the regulations only really hold weight when in a solicitor's letter. I think you should write them one final letter indicating that they are in breach of the ABTA code 1.1 with respect to booking procedures. In addition they have misrepresented the contract to you and it is therefore voidable. If you do not receive a full refund within 7 days receipt of the letter you will refer the matter to the ABTA dispute resolution arbitration which failing a solicitor who will be instructed in relation to their breach of contract to claim damages, expenses together with interest. Send the letter recorded delivery and let me know how you get on. Also let them know in the event of litigation your letter will be founded upon.
  13. Thanks everyone for all your good wishes. I contacted the Bank today to see if the response had been issued yet as I will be initiating litigation on Wednesday. Apparently I have been highlighted as an urgent. Hmmm we'll see By way of background I wrote to my bank in November after I forgot to renew my overdraft. I was going away to New York and it was the last thing on my mind. After incurring £400.00 worth of charges I wrote to them seeking a refund of just that period. Got bog standard response. Decided in February it was worth pursuing having successfully obtaining a refund for clients. Of course being a Bank of Scotland customer I got the delay chat about records etc from amalgation taking some time to send out etc etc. After a couple of snippy letters I sent an email to the CEO informing him that I was raising an action for account, payment and reckoning and that I would enroling a motion to ordain him to appear at the bar of court to explain his company's failures. The next day I received all my bank statements. I sent a letter requesting full refund of last five years and apparently they are looking at my complaint again and tomorrow is the final day for a response. Last week I received another set of bank statements which were clearly the original ones requested
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