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)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    baconbuttyman Novitiate baconbuttyman's Avatar

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    Thumbs up Filing Action?? At The Court Or Online?? Read This First

    I Went To The Court To Make Prelimenary Enquiries Into The Court Action, I Asked If The Filing The Online Claim Form Is The Same As Filing The Claim At The Court, She Said In Principle Yes...but... If You File At Your Local Court The Case Will Be Heard There As The Defendant Would Be Expected To Travel Not The Claiment, If You File On Line There Is A Good Possibility The Case Would Be Heard At The Banks Local Court Room Which May Be A Long Way From The Claimant, I Know Its Easier To Do It Online But It May End Up With You Traveling A Long Way To Hear Your Own Case And The Bank May Call Your Bluff And See If "you" Attend, Also, If The Case Is Filed At Your Local Courts That Means The Bank Will Have To Travel A Long Way With X-amount Of Legal Eagles And They May Decide That Its Just Not Worth It, In Other Word You Make As Much Hassle For Them As Possible

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    TOTALLY debt free as of 2007, Fantastic,

  2. #2
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    Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull's Avatar

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    Default Re: Filing Action?? At The Court Or Online?? Read This First

    Sound advice, and well worth bearing in mind. Thanks.

    Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

    All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  3. #3
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    Default Re: Filing Action?? At The Court Or Online?? Read This First

    I heard, off Bankfodder I think

    If the claimant is an individual and the defendant is an organisation then the claim is always heard in the claimants local court.

    Why is it different for moneyclaim?

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  4. #4
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    Default Re: Filing Action?? At The Court Or Online?? Read This First

    The bank would not travel to court - they would instruct an agent. Say you file in manchester CC and the bank lawyers are baed in London, they will ask a law firm in manchester to act on their behalf.

    If a claimant or defendant is an individual and the other party is a company or commerical enterty then the case is heard at the individuals local court.

    The law maybe reason without passion as Aristotle said, but hey, he said nothing about having fun when getting even!

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal expereince. For legal advice you must always consult a registered and insured lawyer.


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  5. #5
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    Default Re: Filing Action?? At The Court Or Online?? Read This First

    Even if you make your claim online the hearing will still be transferred to the Claimants local court. Its up to the Defendant to make the application to transfer to their preffered court and they must have extreme circumstances for this to be granted.


  6. #6
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    Wink Re: Filing Action?? At The Court Or Online?? Read This First

    I Had A Long Conversation With The Court Clerk About This And Like I Said It Is A Possibility So Its Just Worth Enquiring At Your Local Office, As This Is A Possability, According To My Local Courts, The Clerk Felt It Should Be Pointed Out That This Could Happen
    Its Up To You, For The Sake Of A phone callicon, Its Worth Checking

    TOTALLY debt free as of 2007, Fantastic,

  7. #7
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    Default Re: Filing Action?? At The Court Or Online?? Read This First

    This is being picky but can you not capitalise EVERY SINGLE WORD in your post. It makes it really hard to read and is poor English.

    Paul

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  8. #8
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    Angry Re: Filing Action?? At The Court Or Online?? Read This First

    Quote Originally Posted by ispartacus75
    This is being picky but can you not capitalise EVERY SINGLE WORD in your post. It makes it really hard to read and is poor English.
    very picky

    TOTALLY debt free as of 2007, Fantastic,

  9. #9
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    Default Re: Filing Action?? At The Court Or Online?? Read This First

    The way around this problem is very simple, when you file your claim you do it against your local branch, so if it goes to their local court, lo and behold it also yours.


  10. #10
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    Default Re: Filing Action?? At The Court Or Online?? Read This First

    ...but, if the claimant is an individual and the defendant is a business, it will always be held in the claimants local court, unless the business can prove that it cannot afford to attend.

    I don't think the defendants we're talking about could realistically claim that, do you?

    [COLOR=olive][SIZE=1]If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.
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  11. #11
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    Default Re: Filing Action?? At The Court Or Online?? Read This First

    Quote Originally Posted by lee6370
    The way around this problem is very simple, when you file your claim you do it against your local branch, so if it goes to their local court, lo and behold it also yours.
    Yes, this is what i've done

    Except in the case of First Direct who dont have branches. But Leeds is only an hour away anyway.

    First Direct, £4031 Recovered
    Halifax, £953 Recovered
    MBNA Credit Card, £120 Recovered
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  12. #12
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    Default Re: Filing Action?? At The Court Or Online?? Read This First

    It's largely academic in any case - no bank wants to go to court over this - particularly not now - in light of the OFT statement.

    [COLOR=olive][SIZE=1]If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.
    Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.
    Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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  13. #13
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    Default Re: Filing Action?? At The Court Or Online?? Read This First

    Quote Originally Posted by dave
    ...but, if the claimant is an individual and the defendant is a business, it will always be held in the claimants local court, unless the business can prove that it cannot afford to attend.

    I don't think the defendants we're talking about could realistically claim that, do you?
    i always thought they needed my money more than i, cos the keep steeling it...lol

    TOTALLY debt free as of 2007, Fantastic,

  14. #14
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    Thumbs down Re: Filing Action?? At The Court Or Online?? Read This First

    I am pursuing Abbeyicon Business Banking for these illegal charges over the past 3 years. Their 14 days has just ended and so I began filing the case over the net. The only problem is that when they request the defendants address they state it must be in England or Wales. As Abbey business banking is based in Scotland this poses a problem.
    Does anybody have an idea about how to proceed



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE