Eldridge vs Cahoot

Swashbuckler · 3rd August 2006, 20:12

Hi All,

For clarity sake I've copied this thread and given it a more appropriate title.

Have just received my Notice of Transfer of Proceedings and the allocation questionaire from the court regarding my case.

I have until the 20th August 2006 to complete the questionaire.

Would appreciate any advice on the following issues I have.

1) Is it quite common to pay an additional court fee (having already paid c.120GBP on MoneyClaim)?

2) Secondly should I wait for DLA solicitors to offer me a settlement? To date none has been forthcoming.

3) On the allocation questionnaire The first section asks do I wish to postpone any further action so that you and the other party can settle the claim? Should I do this? What are the pros and cons?

Thanks to all in the past for helping me and I hope someone can shed light on these outstanding issues that I have.

All the best

Swash
Edit/Delete Message

EEK!!! · 4th August 2006, 08:52

Hi,

if you look in the library there is a section about filling in Allocation Questionaires. However in my experience;
1. If the amount you are claiming for is for £1500.00 or above you will have to enclose a cheque for £100.00 with the completed allocation questionaire.
2. I would wait until the last possible moment to send the Allocation Questionaire (allowing enough time to reach the court before the cut off point) just to see if they offer you a settlement.
3. Do not tick yes to section A. You have given them more than enough notice regarding this with the prelim and LBA letters etc.

If you do end up paying the £100 for the Allocation Questionaire don't forget you can add it to the amount you are claiming for.

Hope this helps.

EEK!!!

MARTIN3030 · 4th August 2006, 18:01

well answered

Swashbuckler · 4th August 2006, 21:04

Hi all,

Ok, the very next day low and behold I received a settlement for 50% of the total claimed plus 50% of the interest accrued plus all charges.

Thorny question I know but is it worth settling or should I squeeze them for more?

If so how much?

Thanks

Swash

Michael Browne · 4th August 2006, 21:10

Quote:

Originally Posted by Swashbuckler

If so how much?

Simple, the other 50%, so that makes 100%

Chimera · 5th August 2006, 12:49

Yep.. all of it..

Swashbuckler · 19th September 2006, 15:08

Well, roll on another month and finally I have been given a court hearing.

"Take Notice that the small claims hearing will take place on 14 November 2006 at 10:15 AM...

When you attend 2 hours has been allowed for the small claims hearing."

Don't know about you but 2 hours seems excessively long for my case?

Have to deliver documents supporting my case by 4pm Friday, 13th October.

Is there a thread detailing the actual court appearence? I vaguely remember seeing a thread detailing what docs to bring, how to address the judge etc.

Well fingers crossed hope everything goes to plan.

MARTIN3030 · 19th September 2006, 15:23

Its basically a court bundle.......this is more or less everything that hasc already been (or should have been ) supplied.

Its generally suggested that cases should take no more than 1 hour.

If you need any help feel free to ask.
Its unlikely that you will be using everything (if anything at all) as the defendants are unlikely to attend ....or certainly defend !!

But you do of course need to have everything prepared.

Swashbuckler · 19th September 2006, 15:36

Thanks Matrin3030,

Any suggestions would be most appreciated, I have all the spreadsheets/templates filled in I guess I just have to make it presentable?

Will I need to have any other docs prepared?

Swash

MARTIN3030 · 19th September 2006, 15:38

I will come back to you on this.

Michael Browne · 19th September 2006, 15:55

Quote:

Originally Posted by Swashbuckler

Will I need to have any other docs prepared?

Swash

Exhaustive list on post 110 here:
jonni2bad v Halifax - Got the money but no default removal

Same (with links) post 136 here:
jonni2bad v Halifax - Got the money but no default removal

Swashbuckler · 8th November 2006, 21:30

Quick update.

Received the following letter today 8th November - Notice of Change of Solicitor.

Apparently DLA will no longer be representing the case and that Abbey National will be acting in person.

The court case is due next week. So what ramifications does this have?

Is it simply Abbey National do not want to have to fork out for the solicitor to travel down from Leeds?

Can anyone else shed any light.

Lager_Lou · 9th November 2006, 10:57

Don't worry - DLA Piper have stopped representing Abbey & Cahhot. Abbey's in house solicitors are now defending all claims themselves.

Good luck and keep us updated on this one, Lager Lou

jkop · 9th November 2006, 10:59

they've got rid of DLA piper because too expensive, they aren't going to court - they are just filing standard printouts so doesn't need expensive solicitors to do that - they just some people in house to do it. They are settling all claims so it's really to minimise the amount they have to fork out.

jkop · 9th November 2006, 11:06

double post

Swashbuckler · 17th November 2006, 10:58

Ok quick update...I'm pleased to announce that a settlement was completed for the full amount.

Just waiting for the cheque to clear.

Thank you everybody for your help and support. A donation to the forum will be winging its way

swash

Michael Browne · 17th November 2006, 14:45

Excellent!!

Please complete the bank survey

See here for advice after settlement:
When You Get Your Refund

Congratulations. Enjoy the dosh!!!

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