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.
Do I have to submit a full breakdown before I receive the court date or do I wait ?? If so, until when ??
The court has also recommended that an 'allocation questionnaire' is not required, does this make any difference ?
Finally, the banks defence says that they may try and reclaim the charges in a different way if the court rules in my favour. Is this just talk or is it possible ?
I have to say I am starting to get jittery because I want to be sure I'be done everything I need to for the case to be heard and so that it doesn't get thrown out on a technicality.
Do I have to submit a full Breakdown before I receive the court date or do I wait ?? If so, until when ??
send them a copy of your Schedule of charges ... if you have used Martins site this wont update your interest so i suggest you transfer your charges into the spread sheet from here http://www.consumeractiongroup.co.uk...eadsheets.html the simple would be best
The court has also recommended that an 'allocation questionnaire' is not required, does this make any difference ?
Im guessing you filed on mcol .... they are doing away with the aq however your court may still require one
Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)
I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.
Do I send the Schedule of Charges directly to the bank or Directly to the court or a copy to both. If a copy is to go to the court, can I just send the info with a covering letter and a reference to the case number immediately or do I wait ?
The bank has already had a copy of the charges but it did contain details of charges made over 6 years before the date that the claim was actually lodged. This was due to the delay between their acknowledge ment and the filing of the claim. So, do I amend the details of claimed charges before sending to them (and/or the court)or will this be detremental to my claim ?
If I amend the charges and remove the early ones, do I then add new charges that have been accrued since the claim was put in ??
Sorry for so many questions but I'm completely confused here !
Finally, the site is asking for litigation details to be posted. What does this mean, is it asking for full script of the banks defence, which I am happy to put in ? Just want to be helpful to others with this point !
Do I send the Schedule of Charges directly to the bank or Directly to the court or a copy to both. If a copy is to go to the court, can I just send the info with a covering letter and a reference to the case number immediately or do I wait ?
Send to both the court AND B's litigation team
The bank has already had a copy of the charges but it did contain details of charges made over 6 years before the date that the claim was actually lodged. This was due to the delay between their acknowledge ment and the filing of the claim. So, do I amend the details of claimed charges before sending to them (and/or the court)or will this be detremental to my claim ?
Leave them as they are
If I amend the charges and remove the early ones, do I then add new charges that have been accrued since the claim was put in ??
I would wait untill your negotiating settlement with B's lit team then ask them to add on the latest charges
Finally, the site is asking for litigation details to be posted. What does this mean, is it asking for full script of the banks defence, which I am happy to put in ? Just want to be helpful to others with this point !
Send me a pm (private message) with
Claim number
bank
sum claimed
Date of hearing
concluned (Y/N)
Hope all that helps to answer your questions
Saint
Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)
I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.
Today (17/07) I received a 'Notice ofAllocation to the Small Claims Track (Hearing).
It states that the judge has considered the statements of case and allocation questionnaires dispensed with and allocated the claim to the small claims track.
It goes on to state.....
The Court has made this order on oi's own initiative pursuant to Rule 3.3 of the Civil Procedure Rules 1998. Any Party affected by this order has a right to apply to set it aside, vary or stay it, by applocation made not more than 7 days after this order was serve on the party making the application.
1. Case allocated to the Small Claims Track
2. Claimant to file and serve within 14 days of service of this order an itemised Breakdown of all charges claimed by him/her giving the date and amount of each item. I sent a copy of the charges and dates to both the bank and the court on 6th July 2007.
3. Defendant to file and serve within 14 days of service of this order a statement setting out all facts and matter relied upon that the charges are fair and reasonable.
4. Refer back to the District Judge after 21 days.
The letter has a date at the top of 13th July 2007 but there is a date at the bottom (under point 4) which reads 'Date: 09 July 2007'.
Is the court date 21 days after 9th july or 21 days after 13th July or neither ?
I am on holiday from 27th July to 10th August, if the Court date is between these dates what should I do, bearing in mind I seem to have received this 'Notice' quite late due to the recent postal strike. Do I ask for the date to be put back or does it not matter if I don't attend ? When would I have to do this by because if it's 7 days from 9th I'm already too late !
Do I have to send the statements again or should I telephone the court to make sure they have them ?
Ok ..... what you have is directions to send paperwork to the court ...... within the next week ....... you havent got an actual date as yet ...... however Barclays have to do the same supply the court with the same paperwork
Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)
I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.
I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.
It seems to suggest a set of attachments which I know nothing about. Am I being a bit thick here, is it simply that I delete most of the references to attachments because I'm not sending them !?
Presumably this means that I DO have to send the figures again but with the Statement of Evidence ? Sorry just want to be sure because it seems that time is tight and I don't want to mess it up.
I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.
Defended Claim
) has defended the action I have taken against them.
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