chubbas dad v reliance & fester

[chubbas dad]

Re: Me vs A&L
i have claimed the charges ie £34 here and there . i have claimed the interest on these charges at the 0.8% .but i havnt claimed the interest on the charges. will i be able to amened my poc to reflect this and raise my claim to near 5k from the 4k i have claimed?

[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

[chubbas dad]

omg jenny will be our ledgend!!!! that was reserved for me.......... good job jenny. it will be a big boost if yours goes through now.we need a bit of a lift x x x x

[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

[chubbas dad]

morning all.no news yesterday.am a bit confused about the hull debargle.cant find much out about it.wont let it bother me 2 much though.anyway have a nice day and dont drink 2 much..................... ...

[MimiJane]

Originally Posted by 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

Great news Jenny ... keep us posted

[chubbas dad]

:o recieved the 6 page defence today when i got home from work.seems like its just like all the others i have read about lately.so now i must send the wragge mob a copy of my poc, and the copy of the charges against my account.do i also send more of the same to nottingham court as another attchment to my poc?my poc were almost word perfect from the forums so how can they say "the poc disclose no reasonable cause of action and ought to be struck out persuant to the provisions of the civil procedure rules 3.4 and/or that summary judgment ought to be granted against the claimant pursuant to the civil procedure rules part 24.2 as the claimant has no real prospects of succeeding on the claim or issue and there is no other compelling reason why the case or issue ought to be disposed of at trial" hmmmmmmmmmmmmmmmm!!!!!!th ey also threw in the 6 year garble but non of my claim goes beyond six years adivice please ..................

[kpsh87]

Hi
I had the same defence as you on Saturday morning, i don't think any of my claim goes beyond 6 years either - first claim date 21/02/01, but they threw that bit about pre 6 years, made me go all panicky again.. I sent off my schedule of charges to Wragges today, do I need to send them a copy of the particulars of claim as worded on MCOL as well? I phoned the court to make sure they had received the schedule of charges and he said they had, was really helpful and said that I will be hearing from my local court soon. Sorry its not advice but I do feel better knowing lots of us are in the same boat. Good Luck

[chubbas dad]

thats ok , im just glad we are not alone.seems like we are both at the same stage so it will be interesting to see who comes out on top 1st........

[MimiJane]

I just sent them my charge list and mentioned I'd previously sent A&L this and hope it now clarifies my claim. Don't see why there's any need to send them the POC.

Yes, load of garbage in their defence ... just more tactics to try and frighten us into giving up. It's as well to "comply" and send them the schedule though just to cover yourselves.

[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

[Ollyq]

Hi - the CAG site is new to me, I've spent the day reading all this help & advice - fantastic!! I have previously used docs and templates from money saving expert and didnt realise all this was here too.

Blue- we seem to be at similar stages, I received a defence from the trainee at Wragge - sounds v.Similar to yours. I registered my claim on line with MCOL, and have just logged on to see that they can no longer deal with it as A&L have discputed all aspects of my claim- not really sure what happens now can anyone help?

Also the defence talked about insufficient POC's, I submitted these with original 2 letters to A&L, but not with the claim. Should I send to MCOL or await further instructions?

tks for any help you can give me

[chubbas dad]

thanks all of you.ill knok up a copy of both and send to wragge,should i send same to nottingham , i dont have a court date,yet and it hasnt been transfered to my local?

[chubbas dad]

any ideas on a covering letter to send to wraggeys with my poc and charges list?

[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 (c) 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
(c) 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
  • (c) 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

[debstardeb]

hey anyone got any news on whether any alliance and leicester fighters have won anything recently? They've out defence in on my claim it got transferred to colchester and then to southend (i live in colchester so i have know idea why southend maybe thats the closet court that deals with this??) just waiting and waiting for a letter every day...

...anyone had regular dreams about getting through a big fat cheque?! i wake up disappointed every morning (hopefully not for too much longer!) wonder why there's been no wins for ages..

[chubbas dad]

had a look at both , would this combination of the two be any good or should i just stick with the first one?

To Whom It May Concern:

I respond to your letter dated 01 june 2007 . 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
(c) 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,
£xxxx.xx
£xxx.xx court fee
£xxx.xx Interest @ 8%
£xxx.xx Allocation questionnaire.
A total of £xxxx.xx

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.
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.

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
man on a mission
x x x x x x x x

[chubbas dad]

hi deb,i dream to.gotta have me a fat cheque soon.i think i can smell it in the post..............

[j.barton1]

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

Jen