noomill060
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Everything posted by noomill060
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You must send three copies to the Court. One copy will go to the defendant One copy will be kept for the judge One copy will be returned to you for your own reference
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@barclaycard noomill-v-Sharkleycard 2 -The Final Conflict
noomill060 replied to noomill060's topic in Barclaycard
I can say no more... -
No to mediation.
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Need some advice - unenforceable BC and defaults/final demands
noomill060 replied to sausagepie's topic in Barclaycard
" but I is skint and have no equity, innit." an' maybe its cos you is a Cagger too, innit.- 11 replies
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- defaults
- final demands
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(and 1 more)
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Need some advice - unenforceable BC and defaults/final demands
noomill060 replied to sausagepie's topic in Barclaycard
Well, they have no chance enforcing this through the courts, all they can do is hassle you and mark your credit record. You could challenge this through the courts due to no agreement, so therefore they do not have your consent. At the same time you could ask for a declaration under CCA1974 s.140 from the court regarding the whole issue, possibly including harassment. Depends how far you are prepared to take this, but you must be prepared to take any action you threaten, no point making empty threats.- 11 replies
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Nat West Customer - problems after their recent failures
noomill060 replied to mojo786's topic in NatWest Bank
"RBS has not said when it will announce the reclaiming procedure" Well, we Caggers know EXACTLY how to do it, dont we guys? 1) keep all evidence of charges incurred. 2) Calculate interest on those charges 3) Letter before action 4) Small claims court -
Nat West Customer - problems after their recent failures
noomill060 replied to mojo786's topic in NatWest Bank
According to BBC Northern Ireland news tonight- Ulster Bank say they now dont expect this to be sorted until middle of next week. -
Nat West Customer - problems after their recent failures
noomill060 replied to mojo786's topic in NatWest Bank
Yes, my friend Brian cant access his wages in Ulster Bank. Brian is a sort of bad luck magnet- if any is going around, it makes a bee line to him. -
Glad to help. Ive been where you are now. The secret is not to lose heart (and talk to your friends on CAG)
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Risk of costs being awarded against you in small claims is nil. Costs can be awarded, but only if someone is so unreasonable the judge loses patience with them. You havent been unreasonable, just a little confused and Tescos are playing on that with the gobbledygook the are spouting. They say that your claim is time barred because its over six years since the charges- (your "cause of action" in legal speak) Ok, there's a six year window during which a claimant can bring a claim after the date of cause of action, BUT this isnt necessarily the date you were ripped off, so to speak- it is six years from the date you FOUND OUT that you has been "ripped off" (for want of a better expession!) Read s.32 of the Limtation Act 1980 concerning claims brought under fraud, concealment or mistake. Right- we make these types of charges claims because we believe we paid the charges by mistake as we didnt know they were unfair and we were mislead into they were lawful because the credit card companies told us they were. ie concealed the true nature of the charges. We couldnt possibly have discovered the charges were unlawful before May 2006 when the OFT ruled on the issue of credit card penalty charges, but in reality, the six years started when YOU discovered your mistake, not when Tescos says it started.
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@barclaycard noomill-v-Sharkleycard 2 -The Final Conflict
noomill060 replied to noomill060's topic in Barclaycard
Wrote to Sharkley's informing them of a) exclusions for fraud, concealment and mistake b) limitations clock reset by debtor's acknowledgement c) assignment to Lowells in 2008 and Lowell's write off in March d) my silence - it will come at a cost Mr O'Reilly replied that they would be "reviewing the matter and making a revised offer of settlement"... -
Nat West Customer - problems after their recent failures
noomill060 replied to mojo786's topic in NatWest Bank
Any thoughts of customers applying reciprical charges for RBS Group breaches of contract for each cock up- mutuality of contract, etc...? And NO, Im not having a laugh. -
@barclaycard noomill-v-Sharkleycard 2 -The Final Conflict
noomill060 replied to noomill060's topic in Barclaycard
Correct. The answer would indeed be in the negative... Na bi buartha, a bheith sasta (agus pogue ma hón!!), Mr Eoin O'Reilly. -
@barclaycard noomill-v-Sharkleycard 2 -The Final Conflict
noomill060 replied to noomill060's topic in Barclaycard
Now to disect this- The provisions of the Limitation Order (NI) 1989 are the same as the Limitation Act 1980 in England/Wales. There is an equivilent to s.32 and acknowledgement of a debt within 6 six years resets the clock for another six years in just the same way. The letter admits acknowledgement of the debt within the last 6 years as it refers to the £236 repaid in 2007. The letter makes reference to an outstanding balance- however, the account was assigned to Lowell Portfolio 1 in 2008 and the outstanding balance written off by Lowells in March 2012. I like the way that they've given a guy with an Irish name the task of defending this! I can only respond with the Yorkshireman's battle cry- "'OW MUCH?" -
@barclaycard noomill-v-Sharkleycard 2 -The Final Conflict
noomill060 replied to noomill060's topic in Barclaycard
First time for everything, this arrived today... -
@barclaycard noomill-v-Sharkleycard 2 -The Final Conflict
noomill060 replied to noomill060's topic in Barclaycard
Yes, its the same as fast track in England/Wales- one up from the Small Claims track, so I'm exposed to costs. As to limitations, they did refund the difference twixt £12 and the actual charges within the last 6 years, so it shouldnt be difficult the balance is within limitations in addition to the s.32 exclusions. Barclays have never put up any arguement against me on these issues before. -
@barclaycard noomill-v-Sharkleycard 2 -The Final Conflict
noomill060 replied to noomill060's topic in Barclaycard
The above document came from another consumer website. The poster uses the same avatar as our own member - ODC. Just to explain, ODC is a RUC abbreviation. -
@barclaycard noomill-v-Sharkleycard 2 -The Final Conflict
noomill060 replied to noomill060's topic in Barclaycard
1 1/2 hours to hear the case? What do you reckon, slick? -
@barclaycard noomill-v-Sharkleycard 2 -The Final Conflict
noomill060 replied to noomill060's topic in Barclaycard
Form 43 Certificate of Readiness Between (insert your name and address) Plaintiff And (insert the banks name and address) Defendant To the Chief Clerk Sir / Madam I / We request that you enter these proceedings for hearing. I / We certify (on behalf of the Plaintiff) – 1. that to the knowledge of the Plaintiff (a) there are no remaining interlocutory issues between the parties; and (b) that these proceedings are ready for hearing; and 2. that the plaintiff estimates that the hearing will last not more than ………Hour(s) *. Signed Plaintiff / Solicitor for the Plaintiff Date To: The Defendant and the Chief Clerk *Note: This information will assist the Chief Clerk in assessing the likely duration of the hearing -
@barclaycard noomill-v-Sharkleycard 2 -The Final Conflict
noomill060 replied to noomill060's topic in Barclaycard
I think I now need to send something called a Certificate of Readiness to the Court to get this listed for hearing. I wonder what that looks like! (Talk about flying by the seat of your pants!) -
@barclaycard noomill-v-Sharkleycard 2 -The Final Conflict
noomill060 replied to noomill060's topic in Barclaycard
I hope thats compound interest at the contractual rate, rather than 8% simple... -
@barclaycard noomill-v-Sharkleycard 2 -The Final Conflict
noomill060 replied to noomill060's topic in Barclaycard
Well, served the Civil Bill on Sharkleys by Special Delivery. They got it last Friday (8th June) and it looks like its hit the fan. They had 21 days to respond and looks like they arent hanging about for a change. They've always waited till the last day to respond, but all my previous claims have been in the Small Claims court, so who knows? This here notice of intention to defend arrived from their Belfast solicitors this morn, and they are conforming to past (small claims) behaviour. (ie: bluster and verbage and promises to defend until death until they realise you mean business) -
Classic and historic cars exempted from MoT
noomill060 replied to Conniff's topic in General Motoring Issues
Yup, the six cylinder 2500 saloon engine with higher compression is the one in the TR5 and TR6pi . Done that swap into a Spit- and you can wire the O/D inhibitor switch to give overdrive on second as well. I had such a 7 speed box in a Dolly Sprint. (Only with a saloon box-dont try this with Vitesse/GT6 box though, it will work but wont last very long...) -
Classic and historic cars exempted from MoT
noomill060 replied to Conniff's topic in General Motoring Issues
Yup, my first car was a dove grey 1957 Austin A35 which cost me a tenner with a blown engine in 1980 (which I fixed up and quickly swapped for an Austin Healey Sprite- discovered that a A35 wasnt great for bird pulling!) Had a series of other Sprites, Midgets A40 Farinas tweaked up to the nines. Changed to Triumphs in 1983 and had an unending chain of Triumph Spitfires, GT6s, 2000s and Dolomites ever since! Love British metal/rust! -
Classic and historic cars exempted from MoT
noomill060 replied to Conniff's topic in General Motoring Issues
Unfortunately for coniff, the 1100 came out in 1962, so misses MOT exemption by a couple of years... Plenty of pre-1960 Moggie Minors out there, though!
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