Thanks Car So maybe I should add their costs to my costs application?!!!!!!!! Cupcake

Hi DD & CB Yes I did intend to submit a breakdown of costs but there were big discussions as to how much was reasonable and I got a little bogged down by so many different opinions (I think mainly because it was fast track?) I couldn't decide what I should try for but after receiving this statement I now think I should go for as much as possible! Cheeky Wotsits!

Hi BD I think I have to try and negotiate a payment plan before the court date (5 months away!) I don't have much of a case now they have supplied an agreement! I am not too worried at this point because to be honest they can't have what I don't have so they will have to wait but I am not expecting it to be easy to agree a plan when they see how little we have right now! Cupcake

Hi Guys Yes that's exactly it! Well it doesn't mention interest just litigation costs and charges totalling £290 I still have a claim for costs to put in maybe I should add something similar?!!! Cupcake

Is it normal for them to add costs to my balance when they have discontinued the claim? Cupcake

Hi MU Yes they did file, the date has been set to 3 days before I am due to give birth!!! I now have to try and negotiate a deal with them. My situation is pretty dire at the moment and I have recently tried to negotiate a deal with my bank re an overdraft. I offered them £5 a month and they refused saying I could't afford it but then went on to order that I pay £350 immediately!!! If Egg behave in the same manner we might not be able to agree a monthly payment!! Wish me luck! Cupcake

So... Haven't yet got round to my claim for costs but yesterday I received a letter from DLC saying it is the law to send me a statement every 6 months. Today I have received a statement of account. They have added litigation fees and costs totalling £290 to my outstanding balance. Is this what they normally do? Cupcake

Hi GH Great to hear from you. I have had no reply to my CCA request of 15th October 2010 and am still unclear as to whether they have supplied the original agreement in the past or whether it was the current agreement or maybe they have not changed it at al since July 07!!! Also when they sent the recent copy of agreement via carter they only sent the agreement so technically they have not supplied the termination or default notices! I am going to wait until 25th to call the court and see if they have complied and if a date has been set but don't know what I should be doing because they have ignored my request. Cupcake

Hi GH Great to hear from you. I have had no reply to my CCA request of 15th October 2010 and am still unclear as to whether they have supplied the original agreement in the past or whether it was the current agreement or maybe they have not changed it at al since July 07!!! Also when they sent the recent copy of agreement via carter they only sent the agreement so technically they have not supplied the termination or default notices! I am going to wait until 25th to call the court and see if they have complied and if a date has been set but don't know what I should be doing because they have ignored my request. Cupcake

Thanks guys I was originally buying time to see what the outcome of PT's case would do for me. It has kind of just dragged along from there but GH suggested I CCA Egg because they cant take me to court if they have not complied with my request. Is this the case and if so what do I d about it? I realise I am now just pushing my luck ad hoping that being that it is BC and he is known for not being the best that they may trip themselves up. I know the chances are that I am gong to get a CCJ and possibly a charge but am I not right in saying that as my house is in joint names (we are not married)and there is very little equity in it that a charging order won't do much for them? Can someone also please clarify that because they have chosen small claims track that this is better for me because of the charges being less? Thanks agani Cupcake

Thanks MU I will call the court next week. Do you know anything about the CCA request situation? GH suggested I CCA them again as they cannot take it to court until they comply. I sent the CCA on 15th October and they have not yet replied. Do you know if I should be informing the court or anything? Cupcake

No mention of time or date on this! Just claimant to disclose by 25th November Cupcake

No mention of time or date on this! Just claimant to disclose by 25th November Cupcake

No mention of time or date on this! Cupcake

Thanks Andy So next I will get notice of allocation date and time. I sent CCA request to Egg on 15th October as advised by GH. They have not replied. Is there something I should be doing about this in the meantime? Cupcake

Me again! I have today received notification from the court. It's a General Form of Judgement or Order It is ordered that 1 Allocate to the small claims track 2 not less than 14 days before the date of the final hearing both parties shall send to the Court and to each other copies of any documents upon which they intend to rely at the final hearing. Further copies of documents already supplied are not required. Any witness intending to give oral evidence fr either party to this claim must file and serve a written statement of that evidence with the documents referred to above. 3 In addition, the claimant to disclose y 25h November 2010 a) copies of the agreement relied upon. b) copies of any default or termination notice served under the agreement. c) copies of any assignment of rights under the agreement. d) a balance of account. Or failing disclosure provide an explanation for the absence of documents by the same date. 4 Time estimate of 2 hours. Any advice? Cupcake

Should I be reminding Egg or the court that they have failed to comply with my request? Cupcake

Still no news from the court. I have been kind of busy as other half seriously broke his ankle and has been in hospital for two and a half weeks awaiting operation!! Just trying to get back on top of things and have realised that my CCA request sent on 15/10/10 has not been replied to. Are they seriously going to try the "we sent it but you never recieved it" line for the third time? What should I do now? Cupcake

Thanks NO Things are getting along well now he is home. We do intend to make a complaint to the hospital and it is on my list of things to do ths week! Cupcake

Thanks again guys! He has finally had the op this afternoon He has not had any of the cage they told him about fitted he is a regular cast so everything we have been told at the original hospital was not correct! But at least he can now concentrate on getting better. Cupcake

Hi Guys Thanks for the advice. This is such a nightmare! I did take RMW advice last week and ended up getting help from PALS. We were delighted when he finally went down for surgery on Monday afternoon. He did not get the expected visit from the surgeon after the op but was told before the op "this is the definitive op that you have been waiting for and in a couple of days you will have some wires fitted down your leg that will hold your broken bones in place" The first thing he knew after the op was Tuesday when surgeons sidekick came in to tell him once physios were happy he could go home. When he asked about wires sidekick said he didn't know anything about wires. I then lost it (again) and insisted on staying at hospital until surgeon came to explain what was going on. Turns out this was not the definitive op at all, this was a temporary measure to replace the traction he had to something to enable him to be a little more mobile while waiting for a bed at another hospital to have the main op. As yet they had not even broken his skin!!!! They did admit sidekick had got it wrong but were not apologetic in any way, more like the mafia who didn't like being questioned or criticised. By Wednesday we were being told the specialist ankle surgeon at the other hospital was trying to fit him in for Friday but it wasn't looking likely as he had another patient blah blah blah and if he couldn't do Friday it wouldn't be for another ten days because this surgeon was then on holiday! They told him various different stories, he had to pack and unpack twice because he was supposed to be moving then not but finally they moved him Friday. He was seen by nursing staff only at the hospital and kept in a side room far away from orthopaedics while they ensured he didn't have any bugs but all the time the nurses told him his notes said he was down for surgery on Monday with a different surgeon. Yesterday he was moved to orthopaedic ward and the staff nurse was amazed to find out he had not seen a doctor since arriving at the hospital. She said the doctor was here and she would let him know and get him to come and see him. Half an hour later she returned to say doctor won't be in to see you tonight but they are having a meeting first thing monday and he was down to be discussed. When my husband said but I am definitely having op tomorrow? she said she couldn't answer that until todays meeting. So we are still waiting, not sure if it will go ahead today 16 days after his fall! The other bad news is this hospitals PALS service is not staffed this week!!!! What a complete nightmare! Cupcake

My husband fell 10ft from a scaffold board last saturday and seriously broke his ankle and seriously sprained the other ankle. He was taken to hospital immediately and we have been waiting every day since for them to operate. Each day he goes nil by mouth and each day he has been let down. The excuses are always different. Day 1 - No Surgeon, Day 2 - No excuse given, Day 3 - too swollen, etc etc There is no continuity with what he is being told by so many different surgeons. One minute they talk about moving him to another hospital the next they're not, then they are again. He was promised on Thusrday if he wasn't moved and done over the weekend it would definitely be Monday. On Saturday they said they needed to do a different op to insert an external brace while they are waiting for the big op. So again at midnight he was nil by mouth, not even allowed a sip of water until 8.30 tonight when they told him they would not be doing that today either. There is no way he will get this major op done tomorrow now. Obviously all the time he waits the bones are in the wrong place and starting to heal. I am really worried that what is already looking like a long job is going to be made worse by their negligence. He hasn't been given any explanation tonight, getting himself really down. I'm ready to park myself on the ward tomorrow at 8.30 and refuse to move until we get a proper explanation but what I would really like to know is what are his rights? Does he have a right to get fair treatment etc etc. Any advice would be really appreciated. Thanks Cupcake

Thanks GH I am very aware of that, that is why I am concerned! No doubt I will hear from the court before long. Cool smiley! Cupcake

Thanks M I am getting really concerned about this one now! Cupcake

Have been thinking about this and kept the envelope todays letter arrived in. The covering letter just says further to your telephone call or letter please find enclosed docs requested. This proves that I had not received it before so maybe the judge wil not be mad with me! Does anyone know how long it normaly takes to hear back from AQ?