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Problem with Morgan Stanley Harrassment

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  • MarkyMarkD
    MarkyMarkD Posts: 9,912 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    digp wrote:
    No you can't. The court has the power to strike out and/or grant summary judgment and may do either of its own motion. I suggest you leave the practice of law to lawyers.
    OK, I must have been dreaming when my small claims court action was upheld in full because the other party failed to submit a defence.

    Maybe I should have used a lawyer and thereby increased the cost of pursuing (read: winning) my case 1000-fold?

    Let me re-phrase. If you submit a claim which is plausible and which is supported by appropriate evidence, I would suggest that the court is very likely to uphold your claim if the other party fails to submit any defence at all and thereby doesn't challenge any aspect of your claim.

    As for leaving practice of law to lawyers, I suggest you stop rolling out the tosh about the invalidity of bank charges on every possible occasion, on the basis of a non-decision in a non-defended case.
  • Rafter
    Rafter Posts: 3,850 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I would also log a formal complaint with Morgan Stanley which they are then obliged to investigate.

    Give them 7 days to investigate the account, explain why their own payment protection (including critical illness/ disability cover) does not cover your mothers situation and why they are suddenly demanding interest. Ask them why they have rejected an offer of payment of £2 per month prepared by the CAB etc.

    State that if you don't get a satisfactory explanation from them within 7 days you will copy the banking ombudsman, the editor of the daily mail, John McFall the Chairman of the Treasury Select committee and the Chief Exec of Morgan Stanley (although I think he has just lost his job!!!)

    This is unacceptable harrassment, but you have to play the system unfortunately. You may want your mother to give you power of attorney over the account so they have to deal with you rather than her if it is causing so much distress.

    Good luck.

    R.
    Smile :), it makes people wonder what you have been up to.
  • digp
    digp Posts: 2,013 Forumite
    1,000 Posts Combo Breaker
    MarkyMarkD wrote:
    I suggest you stop rolling out the tosh about the invalidity of bank charges on every possible occasion, on the basis of a non-decision in a non-defended case.

    You are such a twit and cretin.

    The general case law supports my position.
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