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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Noumidia

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Everything posted by Noumidia

  1. Noumidia
    Thanks Ford for the tip
  2. Noumidia
    I may tik and agree to the mediation. I don't think BC will go for the mediation as they filled a defense denying all the claims regarding the bank charges.
  3. Noumidia
    Thanks Andy for the link.Is there any point filing Small Claims Mediation Service or just ignore this part.?
  4. Noumidia
    I will attach the draft direction to the N180 as Andy suggested and let the DJ direct the process.Thanks you lot for the assistane and the help. Can anyone direct me to the link for preparing the court bundles.
  5. Noumidia
    I was reading almost every case made against Barclaycard From Shelly case to trancyb and all of them received an AQ (N149). My question is why CCMCC send me an N149A and N180 rather than N149. I have 2 weeks to complete to file it to with the court office (CCMCC) and serve copies on all other parties.
  6. Noumidia
    I would like add to the form N180 the following point: Draft Order for Directions 1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made; b) Copies of any statement or other document relied upon as showing that each and every charge has been made; c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise; d) Copies of decided cases and other legal materials to be relied upon. If the Claimant fails to comply with this order, the claim will be struck out without further order. 2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed; a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon; b) Whether such charge is accepted to be a penalty, and if not why not; c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was; d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable. e) Any witness statements. f) Copies of decided cases and other legal materials to be relied upon. If the Defendant fails to comply with this order, the Defence will be struck out without further order.
  7. Noumidia
    Thanks citizenB, Slick132 may have an idea .The new form N180 is simple and straight forward.My problem is where do I put my draft direction?
  8. Noumidia
    I am the claimant, I just received a 1) Notice of Proposed Allocation to the Small Claim Track. 2) Small Claims Mediation Service. 3) Direction questionnaire N180 (Small Claims Track)
  9. Noumidia
    Thanks CitizenB.
  10. Noumidia
    I filled a claim against Barclaycard charges. I was expecting to receive an allocation questionnaire form N149 not direction questionnaire N180 which does not contain the section G (additional information). My question how do I attach the draf direction to the N180. Pease any advice ?
  11. Noumidia
    Virginmedia states that "Re‐dial before 60 minutes to avoid call charges."what is the point of this statement, surely, they could let you talk continuously without been interrupted.Virginmedia created these hurdles for only one purpose which is to make money when you neither see or ignore these hurdles . They could introduce a reminder similar to one in thier mobile phone which reminds of your credit is running low so you could buy more credit. No one forget things when money is involved!
  12. Noumidia
    Unlimited evening and weekeend calls, therefore is limited to 60 minutes. My point is they should made it clair to customers and sign posted to the difintion of unlimited calls and not just expect that everyone to know about the 60 minutes.l disagree with you Bazzas for saying that "I don't feel it was that hard to find the information."because it is easier to find informations when you know what kind of information you are looking for. My point is that I assumed all the evening call made to landline numbers are exempt from charges and I am sure there are a lot of people not aware that "unlimited calls are limited to 60 minutes" but once they get charged for call over 60 minutes then they realise that "unlimited calls are limited to 60 minutes."
  13. Noumidia
    I have a package with virginmedia which includes ( Talk Evening & Weekends), recently I have noticed that virginmedia charged for some evenings calls, firstly I thought this is a mistake and it can not happen because I have unlimited call. I decided to call virginmedia to clarify why I was charged. Virginmedia replied " I was charged because my calls were over 60 minutes." I said "but I have unlimited calls!" Virginmedia replied "unlimited calls means that you can make as many call as you like, however each call is limited to 60 minutes." 1) My point is why virginmedia don't explain to you what is means by unlimited calls? 2) I can not find in their print where it say " unlimited call is limeted to 60 minutes." Any advice how to complain about virginmedia or anyone had the some problems in the past. So they can stop misleading customers.
  14. Noumidia
    In my case, it is orderred that,1) The creditor shall by 4 pm on the 12/06/12 file with court and send to Mr xxxxx a statment exhibiting all documents upon which they intend to rely in support of the debt.2)The applicant (me) Mr xxxxxx shall by 4 pm 10/07/12 file with the court and send to the creditor a statment in reply.In my case I remember the judge said "to be fair to Mr XXXXXXXX(me),I allowed you 4 weeks to file a response after the creditor deadline," However, the creditor missed the deadline then I informed the court in writting that they defaulted.The respondent asked the court for more time,therefore the applicant (you) should file with court and to the respondent after you receive a statment exhibititing all document.In your case, it does not make sense, because your response date should be issued after the respondent date deadline so you could prepare a new defence. Please can you check the date in the court letter again.
  15. Noumidia
    Yesterday i received a cheque and it was delivered as special deliverynot a big one however a win is a win.It is nice to see DC writing a cheque to their customers.I am happy to donate some of it to the CAG.
  16. Noumidia
    I had a simillar case where the lowell solicitor requested more time to provide the paper work,however the judge give them 4 weeks to submit the paperwork to the court and to myself.Guess what they missed the deadlines.Today, I was at the hearing and lowell solicitor asked the judje withdraw the SD because they can't find the paperwork and requests a strikeout with an order for costs against the claimant.It seems that lowell play the same trick when they dont have the paperwork by asking the court for more time.lowell solicitor is trying to intimidate you in case you bottle out.My advice is to stay put and eventually they will admit defeat.
  17. Noumidia
    I was at the hearing today and lowell solicitor asked the judge to withdraw the SD because they lost the paperwork. the judge reply " what about the cost of the application" Lowell solicitor was surprised and said to the judge "I have no knowledge of the cost." and i said " i submitted the cost to court the day before the hearing," and i hand a copy to the judge because she couldn't find the copy. Lowel solicitor was not happy about the cost and said "It takes 5 minutes to prepare affidavit and skeleton argument." and I replyed " Yes it does take 5 minutes for a solicitor to fill it, but iam not a solicitor or lawyer". The judge said " £xxx cost to be payed to the defendant". I will donate 20% of it to the cag when i get the cost and i would like to thank all the cag members who assisted me to deal with the SD and another win for the CAG against Lowell&Hampton.
  18. Noumidia
    Ford Do you mean to challenge them over the interest as unreasonable, althought the (SE 69,under county court).
  19. Noumidia
    Hi Furyan Please could you tell us what was your defence, because almost everyone think i have no chance.
  20. Noumidia
    Andy It is difficult to accept the CCJ, I was trying to get rude of them for the last 5 years surely i dont need another one to hang on my CRA for another 6 years. Is not over until the fat lady sings. Andy, I do appreciate you support and your help and many thanks.
  21. Noumidia
    Ganymede Have you been or knew somone in the some sitution like me or do you have any legal expertise in this domain? because you keep saying and repeating that "The claimant doesn't have to prove or provide anything at this stage as they already have the CCJ". Is this a fact or your opinion?
  22. Noumidia
    Andyorch I know i have to pay £80, i may get a legal fees as i am on the moment on JSA. If i dont act now ,they will go for a charging order, and if i loose then i will offerd them no more £5 a month to wescot.
  23. Noumidia
    AndyOrch Ok Andy you could be right, but from my previous experiences the claimant is allowed limited time (4 weeks) to provide the documents and most of them they dont provide them on time as the bank are very slow dealing with DC issue , is there where i am taking my chances.
  24. Noumidia
    Ganymede All you lot are telling me give up and bite the bullet. As i said i have been to the court before for an SD to set a side and my defence was denying owing money to the DC, gues what the DC solicitor chikened and asked the judge for more time. The judge give the DC 4 weeks to provide the documents relying on, and in the end the DC defaulted because they did not provide the document i asked for. Now it me who is chasing them for the costs. My point is depend of the judge, and have little hope is better than having none. After all no one come forward to say i had a similar case and you have no defence.
  25. Noumidia
    Ganymede See post#8

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