Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I need advice, I have this morning received the aq with another form offering a Mediation Service before it goes to court the idea is that it is a less formal meeting between you and the bank namely A & L.
Would this allow delaying tactics to go this route, as I have tried to mediate with them all the way along surely?
They have made two minimal offers, the second using the 12 Pounds arguement, + the cost of lodging the claim with the court. My claim is for 1.500 + interest they have offered just over 700.00 with my court fees included, naturally I declined.
Now I need to know the best course of action do I mediate or do I just go for a court date?
After having written this post - I came across a thread that answered my question, infact I think I already knew the answer, but just wanted someone to confirm what I was thinking.
Going the mediation route would only prolong the process and allow the A & L to negotiate a lower amount. My stance on that has been firm throughout all or nothing. I shall therefore be filling out the aq tonight and sending it off to the court tomorrow with the fee.
I have also written a nudge letter to the A/L informing them that I had received a copy of thier defence along with the Mediation Form and the AQ from the court today, and after considering mediation have decided to for go it and have my day in court, and that I would be in touch when I had dates and times for same.
I have also given them the opportunity to settle by advising them that I would be prepared to settle for full payment of the charges levied against my account and court costs minus interest.
this is a prime example of reading round ion the site and having to make up your own mind - see the thread i found - it all depends on the bank and sol involved - personally i think if you can show you have made every effort to negotaite in writing you should be ok - see my post 62 - changed three time now:o
jansus
Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
[IMG]http://www.consumeractiongroup.c o.uk/forum/images/icons/icon1.gif
offer from A&L 24/8/07 - after case stayed
"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery
I feel mediated out already I have agreed to drop the interest if they settle out of court and that amounts to around £400.00 so I think I am being pretty fair on the whole and hopefully, the court will see through all the correspondence that have passed between myself and the A & L over the past couple of months that I am trying to be fair and reasonable.
MMMM do you think I should recoup the costs for all those computer generaated letters and man hours I have spent at the PC, not forgetting the envelopes and stamps, a possible charge of £34.00 per item seems good to me lol. Then again best not push it
No I havent agreed to Mediation, its just a free Service. called the Small Claims Mediation Service. Its to try and get both parties to settle disputes either over the telephone or on a face to face basis. The mediation is less formal than a hearing before a judge, and is totally confidential.
I have decided not to go that route but instead will submit my aq. I have requested that the A & L consider an early settlement of the charges and court fee's and if they are prepared to do this I am prepared to waive the interest that has accumulated.
I now either await thier acceptance of my proposal or for a court date.
Allocation Questionnaire/ Mediation Service.
with another form offering a Mediation Service before it goes to court the idea is that it is a less formal meeting between you and the bank namely A & L.
Reply With Quote
I have agreed to drop the interest if they settle out of court and that amounts to around £400.00 so I think I am being pretty fair on the whole and hopefully, the court will see through all the correspondence that have passed between myself and the A & L over the past couple of months that I am trying to be fair and reasonable.