noomill060
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Everything posted by noomill060
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In May 2015 my friend's neighbour fitted a new steel railings at the front of her house. The railings were welded up by her father, so owner of property has vicarious liability. The railings form the boundary between her property and the pavement and there was no barrier sheilding the public from the flash of the welding arc or the metal fragments from the grinder used to tidy up the welds. well, you guessed it, my eyes were caught by the welding flash and suffered retinal burns in both eyes and pitting to both eyes from the metal fragments .Very painful. Attended A&E, got treatment and antibiotic for the infection from the metal fragments. Cleared up within a week. The paintwork and windsreen of my car was also showered with hot metal fragments. Sorted out the paintwork myself, but the windscreen is covered in tiny pits. Noticable and distracting when driving into the sun. Written LBA to owner of property but no response. Told owner at the time, response was to go forth and multiply. Time to sort this out before three years is up. Medical report of examination obtained from A&E visit in 2015. Prob is, I'm in N.Ireland and defendent is in England. Need a little advice on N1 claim form. Do you need to include full POC with N1 or a brief outline with full details and evidence included at Allocation stage?
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If you can you show that you have suffered a financial loss as result of their action, you've got a claim. Have you suffered a financial loss? Can you prove that, within the balance of probabilities, it was caused by their actions in relation to the processing of incorrect data relating to yourself? Just noticed this thread starts in 2009- is this not statute barred by now?
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My claim was against an organisation (NCO Europe Ltd) who were processing incorrect data related to myself. This was not NOT a libel claim, do not get the two confused! I brought a SC action against them for an order under DPA 1998. Initially, the judge was persuaded by NCO's barrister that SC was not the correct place for this to be heard due to the wording of the ICO guidance which at that time related only to the England and Wales SC procedure. As usual, they had forgotten about Norn Irn's parallel, but simplified SC system. She did not throw it out though. Instead, she adjourned the case and asked me to come back when I could show that she was able to hear my case, which I did, drawing attention to the fact that the ICO stated that in E/W a judge would normally place such a claim in the SC track and that in Norn Irn, it is tha Claimant/Applicant who decides whether or not to make an application through SC or through a heavy duty claim in the County Court, known here as a Civil Bill. At the next hearing, the judge agreed with me that she could hear a DPA claim in SC and gave judgement in my favour. I pointed out to the judge that the ICO had appeared to forget about Norn Irn and a short time later (perhaps in response to my case) the ICO issued new guidance in relation specifically to bringing a DPA case in Norn Irn, stating that SC is the way to go. Read the ICO guidance on how to bring a claim under DPA 1998.
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I brought a DPA claim in NI Small Claims quite some time ago. There should be some info in my thread of use to you. http://www.consumeractiongroup.co.uk/forum/showthread.php?135360-noomill-v-NCO-(round-2)
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I wonder what happened.
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Worked for me...
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Have you recalculated the interest on each charge? if you're going to sue them you need up to date figures. Which different financial laws are you referring to? While 'tis true that a solicitor in GB is unable to sue anyone in NI courts directly, they would simply instruct a local one, probably Wilson Nesbit Solicitors in Belfast Consumer Credit Act 1974 etc extends to NI. If they sue you, it would be for a breach of the credit agreement and you would respond with a counter claim for damages due to breach of contract. ie: Their unlawfully levied charges- plus interest unlawfully applied, from the date of the charge to date of settlement. The interest will dwarf the amount in charges, so you've go to keep it up to date- another day- another dollar...oh the magic of compound interest!
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Mick- you are way out on your interest calculations. Use this handy tool, I did. http://www.egalegal.com/compoundWindow.html Just calculated one £20 charge - 13 January 2005 £215.40 interest
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Yeah, he did- the interest he worked out will be months out of date. Reason I suggested SAR ing the DCA is for the opportunity of suing them if there is actually no debt. We don't know, it may be Statute Barred by now. Do we know when the last payment was? If not, it may be fair to warn mick that his claim could be offset against the debt. One more thing, County Court interest should be claimed at the contractual rate here. Says so in the SC guide you get from your local court office. This doubled my claim and BC didn't bat an eyelid.
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We don't have CTAX here in Norn Irn- still on the old household rates. Copy of your rates bill.
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The first thing I'd do is CCA and SAR the DCA that now claims to own the debt. Specify that you want a copy of your call log, copies of all letters they've sent to you and a log of the dates posted. If you cant find the CCA template, I'll write one for you, You will need to send them a postal order for £1. Send CCA and SAR by Signed For and KEEP THE RECEIPTS!! This will scare the pants off them and put them on the back foot from the start. Keep a note of all future contacts from them, so you can sue them under DPA for each contact if it transpires that no debt exists (You see what a devious, vindictive rat that CAG has produced?) ;-) If they cant comply with your CCA, they may eventually write off whatever you may or may not owe them. This is what happened to me. Who is the DCA? Then write your LBA. There used to be a template letter in the library. If you cant find it I'll write one for you
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Hi mick, I can assure you that Norn Irn law on this matter is exactly the same as English law, the main difference is procedure. There are historical reasons for this which I wont bore you with, but ts a heck of a lot more straight forward to bring a small claim here, but the limit is only £3000. Anything over that and you bring a Civil Bill in the County Court. First off- how much are you talking in total? 1) how far back is your earliest charge? 2) how did you work out interest? I ask about interest because this can bump your claim up by an eye wateringly large amount and you don't want to allow Sharkley's to keep a a brass farthing of money which is rightfully yours. You will need to recalculate the interest again up till the day you lodge your claim, as it accrues on a daily basis. A CCA s.77 request is a legally binding request from you, which places an obligation on BC to supply you with a copy of your credit agreement. If they are unable o do this within 12 days, they cannot pursue you for a debt they claim is owed on the strength of that alleged credit agreement. When I sent my s.77 request to BC, they failed to comply at all and called off their DCA dogs, hoping I would be happy with that. They were to be disappointed, as I then took great pleasure torturing and tormenting them on various points for close on six years after the default date. When I got bored playing with them, I issued a Civil Bill for charges and interest and they rolled over without complaint. Lifes been a bit boring ever since! .
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mickrick, before I can help out, you'll need to answer the questions I asked you in response to your PM.
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The spawn of Rothschild truly are a parasitic state within the world community of states.
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As youre in Norn Irn, your are going to have to ignore well meaning advice telling you how to file a small claim in England- apart from staying away from the online claims thing. It isn't suited to this type of claim- not enough space provided. Assuming you've got a list of your charges and have worked out the 24.6% compound interest on those charges and added county court interest (I claimed CC interest at the same rate- 24.6% and they didn't flinch!) youre ready to hit them. Fill out your Small Claim form Send it with your POCs and the fee to: Small Claims Civil Processing Centre Laganside Courts. Oxford Street Belfast BT1 3LL Ring them on: 030 0200 7812 They are friendly and helpful to deal with.
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Hi mickrick, I'm in Norn Irn and I can assure you that suing Barclays over here is as easy as suing them in GB, easier in some ways- due to the simplified NI Small Claims system. Either get a Small Claims from your local court or download and print one from the NI Courts and Tribunals website. Haven't read through your thread yet, I'll get back when I have. Hi slick!
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Lloyds Overdraft Terms deemed Unfair in new Bank Charges Victory
noomill060 replied to manchesteruni's topic in General
The appeal was on 29 October- no word as yet... I wonder how it went. -
I wrote to Matthew Taylor after he made a speech in Parliament supporting the fight against charge some years ago. He replied to, but he wasn't very hopeful.
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Lloyds Overdraft Terms deemed Unfair in new Bank Charges Victory
noomill060 replied to manchesteruni's topic in General
Here we go again....Lloyd's donkey was well and truly filleted. Well done! -
Interest should be claimed at the rate stated in the contract. I claimed contractual rate on my credit card charges and county court interest at the same rate. (The 8% simple is for cases where a contractual rate is not stated)
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online retailer refusing return - need advice ***Resolved***
noomill060 replied to 2REAL2RYAN's topic in Online Stores
This transaction was not a b2b. That is clear It was business to consumer and as such covered by the replacement DSR regs. That is all you need to worry about. The seller is blatently attempting to contract out of the regs. This is unlawful and thus any t&cs stating thus are void and unenforceable in the case of a B2C transaction. Buyer should simply return goods at the cheapest price, retaining the FREE PROOF OF POSTING to the address given by the company. If the seller doesn't refund within the 14 day period allowed, just start a claim against them. If you're not working you can get exemption from fees so it need not cost you a penny. Let them try to convince a judge that the law doesn't apply to them. Far too much ill informed nonsense spouted on this thread. Been there. done that and crushed the trader. Go for it -
A few days ago would any one have taken seriously the fact that there is to be a judge led enquiry into a pedophile conspiracy in Westminster covered up by Whitehall? Funny that no one has mentioned that David Icke has been telling us this for 20 years Funny that Icke publically denounced Sir Jimmy Savile in 1994, but everyone called him a loon. No acknowledgement that he turned out to be absolutely correct, though. Not all conspiracy theories are wrong and there are more horrifying connected facts yet to emerge - eg: a deceased PM who liked to sail his yacht to Jersey in the 1960s to meet up with Uncle Jimmy at a childrens home...how about that then guys and gals? Back on topic.
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SLC have this statement on their website http://www.slc.co.uk/media/latest-news/smith-lawson-statement.aspx SLC will be hearing from me, LBA being typed tonight. Had a load of fun with SLC a few years ago. The loan is now written off. I hit 50 last year- how did that happen? http://www.consumeractiongroup.co.uk/forum/showthread.php?78206-noomill-v-Student-Loan-Company-***WON***&p=4571276#post4571276
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noomill v Student Loan Company ***WON***
noomill060 replied to noomill060's topic in Student loans/SLC
Sorry to bring this thread back from the dead, but just heard that SLC has admitted unlawfully used a fake law firm called Smith Lawson to harass it's customers up until June 2014. http://www.slc.co.uk/media/latest-news/smith-lawson-statement.aspx I remember them sending me Smith Lawson letters when attempting to collect their £20 unlawful penalty charges. These letters caused considerable stress. I'm sure they will be delighted to hear from me again and make an offer of settlement... -
The name of Mercers claiming to operate on behalf of Barclays springs to mind.
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