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diskmandave

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Posts posted by diskmandave

  1. Andy

     

    I don't believe Dave checked the field for any detailed poc to follow, no mention of it at filing. The defendant has ack the claim as served. More detailed parts could I suppose be referred to within his reply to defence.

     

    There wasn't an option in MCOL to check for detailed PoC.

    That's why I have included in the brief claim details that there will be detailed documents to follow.

     

    These are ready now, I'm going to send them to DLA Piper and a copy to the court.

     

    Is that ok?

  2. OK... Thanks orfoster, it's not private anyway, I'll post them at some point...

     

    PM reply basically said thanks for your statement of claim that you sent me, and that

    the particulars of claim POC that I've come up with are this.......

     

    The Claimant claims that aqua credit card

    (SAV Credit Limited) has applied over

    the duration of a credit agreement, unlawful

    penalty charges amounting to £184.00. The

    interest rate for this account is 39.95% and

    the Claimant claims interest from the date of

    charges at that rate. Some of the charges go

    beyond six years, however, the Claimant

    claims that these were payments made under

    mistake, Kleinwort Benosn -v- Lincoln City

    Council (payments made under a mistake) and

    seeks full recovery regardless. The Claimant

    first approached the Defendant on 27th July

    2013 with an initial approach for repayment,

    this approach was rejected, and the Claimant

    then served the Defendant with a Letter

    Before Action on 11th October 2013, the

    response received on 30th October being

    almost identical to the initial approach and

    refusal leaves little option but to take the

    Court route. The Claimant claims the full

    amount of Penalty Charges to be repaid, plus

    interest at the account rate, and all costs

    at the County Court rate applicable.

     

    Thanks again mate... :-)

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