Its been a long time since my last post here. Im now back on my feet and want to some how get B/C to roll over and go away with a settlement. I havent heard from them or any of their hounds for some time now, and the last I did get was a letter with idle threats ... "Pay up now or else"... "Have we done something to offend you, please call"... ha ha ha..... NO. I want to be able to offer them “without prejudice" a % of what the account balance is to make them remove the account from credit reference agencies and close it. We are planning to emigrate so dont want this lingering. My questions are; A) Is this wise? And whats the likely hood that they will accept? B) What % would you go for? When battling my MBNA case they towards the end offered 10% of the account to settle, and they had a decent case against me!! Solicitor ended up pulling them to bits for their slow actions and they lost. This on the other hand looks like BC would have a week case, considering the application form they have sent (page 1 of this theard) Thanks Sherry1980

Same day it seems! lol they have taken it back!

Have just had £4k back including 8% interest for PPI.. received a chq but also noticed they have credited my account with the same amount?!? whooops!! wonder how long it will take for em to notice.. Would you tell them? more to the point do you think I should?

I agree, dont just choose a solicitor with no experience in this area. If you are going to choose a Solicitor, then look for one that others have used and are comfortable in recommending. Once the fee was set circa £300 on a no win no fee basis I could call them as much as I wanted to hound them if I thought something wasnt happening.. As it turns out I didnt need to they called me.. Normally chasing me for something!! CHOOSE THE RIGHT ONE!! look..... I realise this site is to assist people who might not be able to afford the solicitor route but from the hours of reading of threads I have put in, reviewing what might or might not happen in court I feel the correct route was to get a pro in. They took the worry away, albeit still hanging around like a bad smell. I didnt have to read up and study the laws and then go and practice them as a total novice. When you add up the hours spent on here reviewing threads, interesting as it may be, you could argue that if you where to pay yourself the minimum wage while reading up you could afford to pay for the solicitor 3 maybe 4 times over. I was fortunate enough to put these hours back into paid overtime at work while the solicitor took the strain and paid them this way. anyway.... To sum up my findings based on reading peoples threads who are going it alone, its a total gamble!! yes you can argue that with a tight case you will have a better chance of winning/convincing the courts to side with you but hey... a cup with the smallest of holes can leak!! The Judge lottery seems to be simply swaying in favour of the financial institutions. And for me I simply just didnt want to put myself through the worry and pressure of the day and then the what happens next and so on.... Essentially reading back through my thread I had a weak case... Good luck to all that are battling on and the CAG team and members who have helped me though to the point of me handing it over. Bye for now!

New post.... This is about PPI on a halifax credit card.. Just had a letter following my complaint (1 letter using the template) back from Halifax stating that although they dont admit the error they are willing to return £4800 whop whop whop.... 14days and money back. Thats a total of £18000 either put on hold or returned !!!

To be honest I didn't think I could but as soon as they found out it was the bunch o thugs I was dealing with they came up with a 4 payment plan. They knew they had a good chance of winning so did what they could to get my business. Obviously they will now be putting a huge bill into the other side for this that and the other. They took it on a no win no fee basis. CAG will still prove useful 4 anyone brave enough to go it alone with the support of its members behind it. Thanks 4 the thanks and I will be donating as I still wouldn't have got this far with the help at the beginning. Sherry

Do I get a solicitor involved? Pros; -> De-stresses the situation. -> Stops you from having to read endless amounts of posts to try and get an understanding of the whole process. (dont get me wrong this did spur me along). -> They will attend court with you and will instruct a barrister when needed. -> Control of time scales - in that you dont miss a deadline to do something. -> complete relevant forms correctly for disclosure etc etc etc.. -> In my opinion a better chance of success if it does go to court. Although not guaranteed at least you have the professionals giving you the right advice (with professional indemnity insurance cover should they miss advise you....!). -> Ability to draw on experience with case law with a better ability to understand the terminology a general everyday 'Joe Bloggs' may not. I know there will be many more but for me the above was most important to me. Cons; -> Still no guarantee for success - No-one and I mean no one can give you that. Its litigation after all and you never know what a judge might do/say on the day. -> Normally an upfront cost that seems to be £250-£500 depending on the stage you get them involved (would suggest sooner the better) -> This is the biggest in my opinion - Solicitors cost virtually make it impossible for you to come to an agreement with the otherside to stop court action. Inevitably most cases, and the courts seem to encourage it too, will get the opportunity to settle out of court and clearing any further notes against you credit rating. Now because the deal, if you have a solicitor involved would have to either include their costs/or you will have to pay your solicitors costs, the other side can never really accept any reasonable offer. i.e. £10k balance offer to settle at £1000 full and final - but because the solicitors cost will have spiralled to £10k the other side has no option but to battle on. Commercially they have to as it wouldn't make sense doing anything other. -> Are they working for you or are they working for their fee...?? Could they have settled sooner !?! Could they have had the case kicked out sooner or are they hiking up their own costs!! Questions I cant answer but its defiantly a 'Con' To summarise - I still would have used a solicitor and if you want to PM me im happy to tell you who it was I used. Thanks Sherry1980 Now onto Barclaycard!!!!!!!!!!!!!!!!! Bye for now!!!!!!!!!!!!!1111

he he he he!!!! Sorry I have been quiet here.. You know how it is!! blink there goes another month..... Blink 2010!! Blink February...... Anyway to update. The last few weeks have been eventful. My case was struck out due to a number of reasons but because of the court system being what it is, the other side still seem to have a reprieve.. Or so they thought... They battled to get the strike out over turned but the courts finally said sling your hook... YOU ARE OUT!!! To help others I am going to write up some pros and cons to getting a solicitor involved. In my case I still believe that due to the stress, worry and work commitments its was the best way forward for me. I will write up the info in the next post but in the mean time does someone one to change the title to WON!!!!! CASE STRUCK OUT !!!!

I would suggest that if they dont have a copy of the original telephone conversation then they will end up admitting defeat and paying you out of their own pocket or getting the insurers to pay as its a genuine mistake. I work in the industry and would suggest doing the following. Write an official complaint letter detailing the original telephone conversation and how it came about i.e. a cold call with a highly trained sales person. Make sure you copy this directly to Paymentshield. They will both have to log the complaint and provide an official response. For help on the correct procedure to follow read the info on this link. our complaints procedure and how to complain Make sure you keep to the strict deadlines or should I say watch to see if they stick to them, they are all scared of the compliance surrounding complaints and the attaching fines if they dont deal with them correctly. The minute they dont get onto the ombudsman. What alot of people may not know is that for an insurer/broker to be taken to the ombudsman for not dealing with an official complaint correctly it will cost them. I think from memory it costs the insurance broker/company £250 regardless to the outcome. Its likly for the amount you will be claiming for and the attaching excess it may well come under that amount and to avoid additional work it may just end up getting paid as a gesture of good will.. Long story short is that if you follow this procedure and stick to the truth about the telephone conversation its up to them to provide evidence to defend their position. 1. No telephone recording then they have no chance to defend it.. 2. They discover the telephone recording they then have no choice but to payout because it will be proven that what you have complained about is the truth! Be persistent and dont give up. Thats what they will think/hope you will do. Sherry1980

So to update, ive decided to get a solicitor involved and now have to submit various bits and bobs for disclosure and witness statement etc. the court window isnt until next year!! god this just drags on and on.. just to let you all know the other side are fighting it! they dont give up as easy as you might think. I think mine will go all the way to court for battle. 50/50 but lets see what happens. Thanks and sorry for the late update.

thanks for this I will fill in accordingly and get my date in court!! Scared now!

Okay, So Saturday arrived checked the post!! and it arrived... Can I make a suggestion to everyone waiting for the their AQ with the hope that it might be set aside if the other side dont reply. Dont call the court to check where it is. I seem to think, but I may be wrong, that as soon as I called and asked what the present position is with this claim the courts made a courtesy call to the other side to ask them what they are doing. This then promoted them to reply and thus scrapping through and meeting the deadline to respond. From the court themselves they told me the other side have 33 days (not 28 days as it says on the letter I received). Anyway the AQ (N150) says its been transferred to my local court in South Yorkshire (dont want to be too specific just in case CL Finance or their Cohens read these threads). >>>>>>>>>>I now need some help filling this in. Needs to be in by the 05/10/09 It reads A Settlement For all then 1-4 questions (yes/no tick boxes) do I suggest trying to settle outside of court? B Location of trial (well i can do that) C Pre-action protocols (Need help with this) D Case management information (Need help with this) E Trail or final hearing (How long do I put in here?) F Proposed directions (??) G Cost (my case is for more than £10k) H Fee ??? I Other Information ??? Please help me fill this in !

So I called the court and they said the claimant has 33 days to respond that's next week! I will update you then

So I submitted my defence and we are now past the time the claimant has to reply... Do I call the court if so what do I go for.. Strike out or is it stayed? You watch this postal strike will just end up holding everything up and give them time to do something!!

thanks for the advice.. I will bump the thread when i get the AQ or anything else. Also just to let everyone know I have just used the buddy system on here and I have found someone locally to discuss the goings on. Support is always good and to bounce thoughts experiences etc. I have read back over my thread (been along time) regardless to the outcome its important to say STEVE4064 and everyone else here are just fantastic.