Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default Jimmyowl77 Versus A&hell

    Hello, Congrats to everyone who have recently won their cases.

    Yesterday I received my General Form of Judgement or Order for both my A&L accounts that I`m claiming for. The 1st is for roughly £1200 inc interesticon whilst the second is for £800 inc interest.
    My local court (Rotherham) have been flooded (no pun intended ) with a load of cases and so I`ve had to wait a while to receive these judgements.
    Both Judgements state that the Court has made this order of its own initiative without a hearing (When i received notification of the court transfer a few weeks ago, the allocation part was crossed off.)
    Am I right to believe that because each claim is under £1500.00/allocation part crossed off then the fee is not due.

    I take it now that I have to sort my court bundle out and post copies to the Court and (Toe) Wragges or is it A&L or do I send to all three???.

    Just wondered if people slightly ahead of me in their cases could point me in the right direction of court bundles, nudge letters etc.

    Thanks
    Jim

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  2. #2
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    Default Re: Jimmyowl77 Versus A&hell

    Hi there and welcome to the forum.

    It certainly used to be the case that, for any claim under £1,500, you did not have to complete an aqicon, however, I'd give the court a ring out of courtesy just to make sure. I did not have to complete an AQ, but had to pay the fee of £100 within 14 days.

    You may be wise to post on your thread exactly what the judge has asked you for as it's obviously important you get it right. Your "court bundle" may just consist of your charges list, statements and correspondence, or a lot more, depending on the Order. You will be told in the Order who (if anyone) should get copies of your court bundle.

    Hope this helps.

    Mimi


  3. #3
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    Default Re: Jimmyowl77 Versus A&hell

    Hello please could anyone have a gander at m y General Form of Judgement or Order which says

    Upon the courts own motion. The Court has made this order of its own initiative without a hearing. If you object the order, you must make an application to have it set asideicon, varied or stayed within 7 days of receiving it

    IT IS ORDERED THAT

    Dated 04 july 2007

    1. The Claimant shall within 28 days of service of this order send to the Defendant and to the Court:

    a) A schedule setting out each charge repayment of which is sought, showing the date, amount and reason(if any) for that charge being made.

    b) Copies of any statement or other document relied upon as showing that each and every such charge has been made;

    c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise.

    d) Copies of decided cases and other legal materials to be relied upon.


    It then goes on about what the defendant needs to send.
    I really only need help with parts c and d as a and b seem straight forward.


    Thanks

    James


  4. #4
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    Default Re: Jimmyowl77 Versus A&hell

    Quote Originally Posted by jimmyowl77 View Post
    Hello please could anyone have a gander at m y General Form of Judgement or Order which says

    Upon the courts own motion. The Court has made this order of its own initiative without a hearing. If you object the order, you must make an application to have it set asideicon, varied or stayed within 7 days of receiving it

    IT IS ORDERED THAT

    Dated 04 july 2007

    1. The Claimant shall within 28 days of service of this order send to the Defendant and to the Court:

    a) A schedule setting out each charge repayment of which is sought, showing the date, amount and reason(if any) for that charge being made.

    b) Copies of any statement or other document relied upon as showing that each and every such charge has been made;

    c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise.

    d) Copies of decided cases and other legal materials to be relied upon.


    It then goes on about what the defendant needs to send.
    I really only need help with parts c and d as a and b seem straight forward.


    Thanks

    James
    Well, no court date

    You have to submit your charges spreadsheet with all info. on it they request (which is hopefully there anyway). Also your bank statements with charges highlighted (just the ones with charges on).

    Statement of Evidence template here :-

    http://www.consumeractiongroup.co.uk...nnaires-3.html

    Alternatively, PM me with your email address and I'll send you my SofE.

    The legal papers are all in the Basic Court Bundle, which you can print off here :-

    http://www.consumeractiongroup.co.uk...rt-bundle.html

    Decided cases/settled cases are all at the top of the forum in the CAGicon library. Let me know if you want an idea of which ones to print off and I'll let you know which ones I used.

    Make sure you get everything off in plenty of time and send it Recorded Delivery to the court and solicitor (or hand deliver to the court)

    Hope this helps.

    Mimi


  5. #5
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    Default Re: Jimmyowl77 Versus A&hell

    Thanks Mimi, Your a star


  6. #6
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    Default Re: Jimmyowl77 Versus A&hell

    Heyalp

    I`m having a total brainfreeze and can`t seem to find a statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise. I`ve looked in the CAGicon libraries but to no avail, just wondered if anyone could point me in the right direction.
    Thanks


  7. #7
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    Default Letter from Wragges

    Just recieved a letter from Wragges today offering £1100 inc court costs to settle before court, seems they`re going in the right direction but I`m still holding out for £2300, I will send them a letter rejecting their offer but will offer a lower settlemnt of £2000 if they reply before friday 27th otherwise I`ll be posting my court bundles off.


  8. #8
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    Default Re: Jimmyowl77 Versus A&hell

    Hello, Just finishing my court bundle off and I`m having trouble printing off the terms and conditionsicon for A&L for 2001,2003,2006 and 2007 (as I`m doing two claims am I right in thinking you only need the T&C`s start and finish date for each claim?) been on the wayback machine? and that doesn`t work, I also am having trouble printing off the office of fair trading report April 2006 (OFT842). Can anybody point me the right direction. I`m panick ing a bit as I go on holidayicon on friday so need to post the bundles out on that day.



  9. #9
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    Default Re: Jimmyowl77 Versus A&hell

    You can go too "way back" on that web site unfortunately You only need T&C's for your start year and your end year. I'll have a look for the OFT report for you now and come back ...

    Mimi

    A-Z CAG links to all documents you'll need for
    your claim
    (Thanks to Michael Brown for all his efforts)

    http://www.consumeractiongroup.c o.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

  10. #10
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    Default Re: Jimmyowl77 Versus A&hell

    I've been very efficient (for a change) and put it in my "favourites" Here's the link, only 3 pages long :-

    http://www.oft.gov.uk/shared_oft/rep...ts/oft842a.pdf

    Hope this helps,

    Mimi

    A-Z CAG links to all documents you'll need for
    your claim
    (Thanks to Michael Brown for all his efforts)

    http://www.consumeractiongroup.c o.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

  11. #11
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    Default Re: Jimmyowl77 Versus A&hell

    Cheers mimi, I did look on that way back? site for the T&C`s but they don`t seem to load up, it always says this site is busy, try later. when I try and open a file it doesn`t do anything. Thanks again for the OFT


  12. #12
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    Default Re: Jimmyowl77 Versus A&hell

    Yes, it does'nt seem to have "archived" many of the old ones. I think that most (if not all) of the ones that are available have already been posted I've been on that site quite a few times looking for ones that aren't available.

    Night night.

    Mimi x

    A-Z CAG links to all documents you'll need for
    your claim
    (Thanks to Michael Brown for all his efforts)

    http://www.consumeractiongroup.c o.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html


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