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fbnts

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Everything posted by fbnts

  1. Just to update the thread, we had our day (well over 2 hours in court!) They were granted the appeal on a technicality; They claim they didn't receive our bundle and as we had sent it to the Alliance and Leicester and not Wragg and Co, their solicitor found the bit in the CPR that states that it should have been delivered to them directly. The judge fought for us and really tried not to allow the appeal but his hands were tied. He blamed A&L and Wragg & Co as A&L had continued to write directly and even attempt settlement with us and he said it was clear how we could have filed it incorrectly. In his summing up he completely slated A&L and Wragg n Co and moved on to awarding costs. He awarded us the travelling costs as it was in his opinion that it was their fault ultimately that we had to attend the hearing. We came out deflated that we had been nudged back to step 1 but still felt that the Judge was truely sympathetic and it was quite clear his view on the bank charges situation. We now have to wait for the test case outcome. Tom
  2. Wow! I can't believe this! Do you have grounds to appeal? Surely not allowing vital witness statements could have impacted the case. Tom
  3. Just to say good luck tomorrow (not that you need it!) We'll all be there in spirit! Tom
  4. Thanks for the reply. I was looking through all the paperwork last night and drafted the following: How does that sound? Tom
  5. Hi All, I have been assisting my Aunt with her claim. A&L sent a part payment some time ago, we continued with court action and their defence was struck out (They failed to provide their evidence 28 days after we supplied ours) The court hearing was still to go ahead and after attending, and A&L failed to attend the judge ruled in our favour. However, they have submitted an application to set aside! We now have a hearing next friday for a "hearing for permission to appeal". From what I can understand, this hearing is only for the judge to decided weather to allow their application to be considered? Here are the docs: Hi, The court has wrote back. Their appeal has been accepted. Here are the documents that we recieved: In the appeal they say that they don't understand why their defence was struck out after the judge read their request to stay the claim. I am pretty sure its because they failed to submit their paperwork with 28 days as per the order back in may/june. Is there anything we can do? can we appeal their appeal being granted? Do we need to attend the appeal hearing - its in Nottingham, or can we have it transferred to Chesterfield? Tom
  6. Hi, That's a shame. What exactly did he say? I wouldn't have thought you could claim anything back - like its been said above, they reserve the right to refuse entry. The only thing I think you could do is write to him explaining what happened and protest your innocence and asking him for a written account of what is alleged. You may be able to go down the lines of Data Protection Subject Access Request for all personal data held on their CCTV (Ie a copy of the video with you on it). You may also be able to include reference to the fact that you believe that the allegations are false and that you are looking into legal action for Slander/Defamation of Character. But obviously any action like this could also take the oposite effect and get his back up. If you don't intend on going back then you could just "rustle feathers" but if you are trying to "clear your name" so you can start going back in then just a polite letter putting your side across and politely asking the actual circumstances as you believe its a case of mistaken identify. Tom
  7. I help out at a nightclub and yes unfortunately, sometimes the wrong person does get ejected. Its very rare someone is barred unless it was serious or, more often than not, they get lippy and violent with door staff. I would contact the manager during the day and just explain what happened (be polite and not obnoxious) explain that you did not think that you did anything wrong. Chances are he/she would just say sorry for the inconvenience and basically welcome you back. The worst thing that anyone can do after being ejected or turned away from the door is to argue with doorstaff or get "high and mighty" with the manager. Once a decision is made there is practically no chance they will change their mind. At the end of the day, like it has been pointed out about, Right of Admission is Reserved and the manager/door staff are there to (hopefully) create a safe environment, its just unfortunate they get it wrong sometimes. Tom
  8. Just caught up with the past few days developements. One suggestion, if its regular abuse when you go past their window, get your mobile phone on video record as you go past. It should record the sound and the video should prove the location and date/time. Just a thought, but it could be enough proof. Tom
  9. Its awful when this sort of thing happens. You mention about 1-on-1 meetings-are these with the council or the private development company? You could try and object and get them to do a group consultation so you can all put up a strong fight. If you fight, they will probably get the CPO but will have to offer you a good deal which may even allow you buy your own place somewhere more desirable. Tom
  10. One quick thing Shayna, if they are sending you a certificate that its settled, the court will mark it as settled - it won't disappear! Ask them to confirm the details of the CCJ. It may be easier to phone the court and ask them to give you the details like the date, amount and a copy of the paperwork as you suggest that you never received anything about the judgement. Tom
  11. Just subscribing after seeing your thread and spending some time reading. Its terrible what has happened and is even more worrying at their attitude towards the incident and you. Keep your head up - you have strong backing from a lot of people here and by the sounds of it, people around you there! Tom
  12. Sorry Orange, I think you misunderstood - I was not the OP, just adding my own experience. When I cancelled, they had all but 1 DVD. It was in the post back to them that day. It just took them 10 days to show it on my account as being returned - yes I accept that it could have been a genuine delay with royal mail or something but it all seemed too convenient. Probably "Con" was not the word, just sneaky and awkward! The most annoying was the way they try to convince you to stay! You have to be really adamant! Tom
  13. How familiar! I signed up with ScreenSelect many months ago for a free trial. I actually liked the service and paid £14.99 per month for some time. They then got bought out and became LoveFilm. The service went down hill - many titles remained in my wish list for months before I would get them, returning them would take 3-5 days before they registered on my account and they sent the next set. So I tried to cancel. Same thing happened, I had to call and eventually got through to an overseas call centre and after about 20 mins of them trying to persuade me to leave it a few more weeks until the end of my billing cycle they let me cancel. I returned the DVDs but surprisingly, they delayed the return being registered and I was charged again. I rang them but eventually gave in and just hung up safe in the knowledge that my card had expired and the next payment would fail. They emailed a month later saying that there was an outstanding balance and I needed to update my card details. I replied and told them that the account was closed and they had actually taken 1 month extra payment. They kept emailing saying that the balance was still outstanding and I eventually turned round and said that I was not going to enter into any further correspondences with them. They eventually stopped emailing me and have heard nothing since! Its a real shame because ScreenSelect was great and at £14.99 for roughly 12 or so films a month was way cheaper than crappy Sky Movies! Oh Well! Tom
  14. Thanks for the reply. We haven't booked the insurance yet as we didn't know which dates it was going to be. He can't get it posponed as it is him on trial but it is going to fall through but its still a pain as he could sit there all day and be told "oh we're too busy, come back tomorrow" We have planned now that 3 of us going on time and the other 2 will follow on if they can't make it at the same time. Thanks for your advice. Tom
  15. Thanks for the reply. I contacted them the following day and they said they would pass it to someone who will respond within 48 hours. They still haven't despite another phone call and another email. We are booked to travel next Tuesday so its getting quite late now. Do I have anything else I can try? I presume they are not obliged to do anything considering its all booked and paid for or do they have any obilgation to help change the dates? We are not looking to cancel, just to transfer to the following Saturday onwards? Tom Tom
  16. Hi, Last night we booked a holiday with greatlatedeals.com for a party of 5 adults. We paid by debit card and it was confirmed this morning by email. It turns out that we fly on the Tuesday, but one of the party has a court appearance on the Monday and according to the solicitor, it called a "rolling trial" which means they could quite easily move the hearing to any day that week. I am going to contact the website tomorrow to find out what we can do as far as cancelling and rebooking for a week later. Before I do that, is there any ideas of what our rights are? Can we get a refund because of a cooling off period or anything? Tom
  17. Hi, Sorry for the double posting. I origionally posted this is Halifax Bank Charges and was then advised to post here. I sent my CCA request to Halifax regarding an old visa card account which was delivered on 5th January 2007. They defaulted and in May I started being contacted by Robinson Way. I told them that Halifax had defaulted on my CCJ request and was not going to enter into any correspondence with them. Yesterday Robinson Way sent me a copy of the signed Credit Agreement. Where do I stand now? Is the debt still statute barred as they failed to produce in the timescale and committed an criminal offence or are they free to harass me for this alleged debt now? Tom
  18. Yes I know that feeling! I was so sick of my sis installing dodgy games and infecting her PC with spyware and viruses, and then have to reinstall Windoze, I ended up just installing Ubuntu Linux which is surprisingly great for people used to Windows. She's been happily using it for 4 months now! Tom
  19. Just subscribing - I can see myself in this situation with Egg soon! Tom
  20. haha, sorry I wasn't being awkward just experienced enough with IT that I just don't like the way Microsoft does things (or doesn't bother to do things is more the point) What I was trying to say is to check that their ain't a genuine software called Safe Guard. - There may be a piece of software called Safe Guard produced by some other reputable company that is actually genuine or it could be a piece of spyware that is pretending to be a help but actually is evil. Tom
  21. AFAIK the legal owner and/or occupier can apply for a rebanding. I am just about to apply with the advice here? http://www.moneysavingexpert.com/reclaim/council-tax-bands-change I am technically just the occupier. (My parents own the house and we pay rent to the equivalent of their re mortgage to buy it) So will let you know how I get on. Tom
  22. Hi, I found this an interesting read! I have had a rebate every year for the past 3 for around £300 however, the questionaire at the above site suggests you can claim back loss of money invested in a company. does anyone know about this and where the relevant info is on HM Revenue & Customs? Tom
  23. Does that mean you hate me!? I'm not a MS Basher as such, I simply choose to use a working OS and not a an incomplete OS like Windoze; Would you buy a car that had a lock that could be opened by anyone and would just decide not to work because of the weather or the fuel was not the right temperature!? Sorry rant over. First thing I would check is to make sure that this "MS Safe Guard" is a genuine product as it could be a spyware program itself? Tom
  24. I had this and I bet they have looked up on the electorol register and found the same surname and are fishing for you to reply back to (hopefully) confirm that he lives there (which he obviously doesn't) I simply got a red pen and wrote "RETURN TO SENDER - Not at this address" on the envelope and put back in the post box. Not heard anything for months now! Tom
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