chubbas dad v reliance & fester

[j.barton1]

Good luck, not that you'll need it.

 

Jenny

[j.barton1]

Hi I'm not quite sure what you mean, is it for statements going back to when you first opened your acc, is that what you need or is it something to send to court??

ps

(thanks for the rep points)

jenny

[j.barton1]

AAAAAA, I get you now...i am v.easily confused LOL.

What you need to do, once you've filed MCOL, is to send to MCOL address, by post a copy of your particulars of claim...i.e.the list of charges, with a cover letter ....please attach this to my filed claim claim no XXXXXXX blahblah.

I hope that helps

Jenny

[j.barton1]

Hi, try this blondy, LOL,see if it helps ...

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html?highlight=mcol

 

Jenny

[j.barton1]

Anytime......

 

Jenny

[j.barton1]

Hi, They'll probably file a defence on the last day but if they dont you'll win by default, well done with getting your bundle together, i've just started to think about it.

Jenny

[j.barton1]

Well done Blondy, You might receive a chq soon but i doubt it'll be for full amount, hold it for a while...smell it...feel it...then send it back ripped in half thanks but no thanks....

Jenny

[j.barton1]

Hi, Yep your doing the right thing, only settle for the full amount....

jenny

[j.barton1]

Can't make you pregnant !!!

LOL

[j.barton1]

I dont think it would do any harm, but dont hold your breath for a quick or good reply. Its good you're sticking with the organ grinders...not the monkeys...

[j.barton1]

Hi, I've received a letter that my case will be transferred to mercantile for a directions hearing on 28th june.This is good news for me cos i've done this before with barclays...they nearly always pay before it gets there..so 27days and counting....

Jen

[j.barton1]

I am really chuffed, i was worried that we havent heard anything for ages, Mercantile is the best thing for these cases. Hopefully the'll payout before...

Jenny

[j.barton1]

I agree, they'll say anything to make you give in! I'd send another POC...then they can't say they have lost it,

 

Jenny

[j.barton1]

Hi, I sent this....It picks up points in their defence,

Jen

 

Dear Wraggies.

 

Thank you for your letter of the xx March 2007.

 

With reference to the charges made to my account, I would be grateful if you would request from the Defendants a full breakdown to include any work or actions carried out by them, and any costs incurred which resulted in their having to make such charges to my account.

 

Where they are reluctant or unable to provide this information, please request details of the charging rate they referenced when they applied these charges.

 

I do not believe that the charges made to my account represent a true reflection of the actual costs incurred by the Defendants and therefore represent unlawful penalties, which are irrecoverable at Common Law. I would request the repayment of all charges made plus interest at the statutory rate of 8% from the time the charges were made.

 

I refer you to S32(1)(b) and © of the Limitation Act 1980.

 

S32(1)(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant;

or

© the action is for relief from the consequences of a mistake; the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. References in this subsection to the defendant include references to the defendant’s agent and to any person through whom the defendant claims and his agent.

 

On April 6th 2006, the Office of Fair Trading made a statement outlining what they considered was the maximum amount of costs incurred by the Banks when making such charges.

 

As a result of media coverage given to several actions made for the recovery of what are now regarded as penalties, I discovered that I had been wronged. The Limitation period therefore runs for six years from the date of discovery, which was after the statement made by the Office of Fair Trading.

 

The Defendants have failed or refused to provide information requested of them, and I would be grateful if this information could now be requested under disclosure rules.

 

Yours sincerely

 

Jenny

[j.barton1]

Or...

 

To Whom It May Concern:

I respond to your letter dated xx April. I would like to raise some points.

1, It is for the court to decide on the merits of each case put before them, so stating that this is bound to fail is inappropriate.

2, With regards to the Limitations act,

32.--

• (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
  • (a) the action is based upon the fraud of the defendant; or
    
  • (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
    
  • © the action is for relief from the consequences of a mistake;

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it....

An example case is,

Sheldon v. R.H.M. Outhwaite (U/W Agencies) Ltd.

and

Cave v. Robinson Jarvis & Rolf [2002] UKHL 18 (25th April, 2002)

3, Your client has had many months to settle this case without having to reach this stage, I will accept an offer of full settlement which stands at,

£2,168.00 in charges

£120.00 court fee

£1,056.50 Interest @ 8%

£100.00 Allocation questionnaire.

A total of £3.444.50.

I am also entitled to claim back my costs as a litigate in person which I will add on when I get a date for the hearing.

Regards

Jenny

[j.barton1]

That looks fine blondy.....I dream of how i'm gonna spend it!!

 

Jen

[j.barton1]

he he, your gonna buy me a new helmet and gloves....and ill buy you the sweetest smellys you ever did have, with a bunch of flowers ty jenny, printing now, and it will be posted tomorrow,

HAHAHA, what colour??

[j.barton1]

evening all.just looking through some threads.still cant find any success stories for the a & l ff.has anybody moved forwards with their claim.i sent a thanks but no thanks letter on the 31 may(recorded) it still hasnt been signed for yet.is this a new ploy to slow things down? i hope it dosnt get returned to me in 30 days i will be most annoyed8)

It doesnt always work with the royal mails signed for thingy with A&L, they use a automated signing machine for their bulk mail.

Jen

[j.barton1]

mmmmmmmmm, roses of course....

[j.barton1]

OOOOhhhhhh....okay then...they'll do!!!

[j.barton1]

Anytime, thankyou too...your posts always make me laugh!!

 

Jen

[j.barton1]

oooooooooh on a more serious note.if a claim was issued on the 21 may 07,when would the 14 days be up?

Yep, Yesterday?? Check MCOL

[j.barton1]

I cant remember now...If they have sent their defence is it 14 days or 28? If it says 14 days i'd ring MCOL or email them and check, they'll be able to confirm the dates for you.

J

[j.barton1]

Fingers crossedXX I'm not sure how LLoyds work, some of the banks do'nt file a defence and people win by default. Good Luck, lets hope this ones easy.

Jen

[j.barton1]

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-directions-non-compliance-letters.html

 

Dont know if this will help???

Keep us posted on what happens!