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.

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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.

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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.

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  1. #1
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    Default Ok what now * * WON * *

    Im betting its not going to be that easy.

    Natwesticon had til 2day to respond to my claim, but Ive heard nothing. What do I have to do next?

    Anything? Sit back and count my money?

    Ive read loads on defences being submitted and Nobbits getting shifty and Alocation questionaires. But Ive heard nothing apart from a confirmation letter from the court ages ago.

    Hey maybe they've lost my claim ha ha!!

    But where do I need to go from here, on the step by step it says submit a judgement?

    Any more info on that?

    Cant wait to get my cash back as I need the default taken off my CRFile and I want the money to fund my other claims which Im holding back with. (oh yes I 4got so I can donateicon as well)

    Thanks guys, in adavnce

    Allyxia
    KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
    The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

    HSBC £1200 - Settled in Full
    Cap 1 2 X £100 - Settled in Full
    Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order
    NatWest £2215.60- Settled in Full and Removed Default Natice
    Woolwich £3690 - Settled in Full

  2. #2
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    Default Re: Ok what now

    Hi There

    I think that on the moneyclaim form you can ask for judgement to be entered against them because they have not entered their defence. But from reading around it seems like they just enter it late anyway and get away with it....

    But have a look on your Moneyclaim form and click on the Start that is underlined and there it gives you your options.

    Think this is right anyway!

    Mandy


  3. #3
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    darthbane2k Novitiate

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    Default Re: Ok what now

    yep - file for a judgement, but it wont make the blindest bit of difference. It seems the banks can respond with their defence whenever they want, deadline or not.


  4. #4
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    Default Re: Ok what now

    i dint do mcol, i did it the old fashioned way. so do i need to go back to the court? or can i file judgement online?

    wat exactly is a judgement anyway?

    Allyxia
    KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
    The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

    HSBC £1200 - Settled in Full
    Cap 1 2 X £100 - Settled in Full
    Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order
    NatWest £2215.60- Settled in Full and Removed Default Natice
    Woolwich £3690 - Settled in Full

  5. #5
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    Default Re: Ok what now

    did you get any paper work from the court stating a claim number, if so there should be a part on it to file judgement, fill it in and take it into court, judgement means that you have won by default, or should I say it should mean that, but with the courts and cobbetts it doesent work that way, cobbetts filed their defence 8 days late in my case, and the court allowed it, so get it in as soon as you can

    CHRIS WATKINS

  6. #6
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    Default Re: Ok what now

    Ok thanks. Yes I can see it now its on the bottom of the form. So if they had to reply by today can I submit the form today? (yes I am that mean)

    Will that put a stop to them submitting a defence?

    How can the courts allow them to do this - surely thats is why these proceedures are in place and set with timescales.

    Would we as people (in the sense not big Plc or Ltd) by allowed to get away with submitting things late - I bet not!

    Allyxia
    KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
    The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

    HSBC £1200 - Settled in Full
    Cap 1 2 X £100 - Settled in Full
    Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order
    NatWest £2215.60- Settled in Full and Removed Default Natice
    Woolwich £3690 - Settled in Full

  7. #7
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    Default Re: Ok what now

    Yes i know the feeling, not your problem they are late. They pay up in the end anyway i suppose. Yes you can file it now. Give it a go. Good Luck.

    My advice is only my opinion, I am not a legal expert.

    IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

  8. #8
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    Default Re: Ok what now

    What if I file my judgement then they submit theyre defence late? Will it be allowed or will I have won by default?

    They havent even acknowledged yet (ive not heard from Nat wets or Nobbits), or could they have acknoweldged just to the court?

    Must get this right as Im going to the court 1st thing in the morning!!

    Allyxia
    KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
    The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

    HSBC £1200 - Settled in Full
    Cap 1 2 X £100 - Settled in Full
    Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order
    NatWest £2215.60- Settled in Full and Removed Default Natice
    Woolwich £3690 - Settled in Full

  9. #9
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    Default Re: Ok what now

    Hi I would say hang fire for another day. Icould have filed my judgment on Tues 03/10/06 but something told me to wait and lo and behold the papers from Cobbetts arrived today and defence was listed as of 30/09/06


  10. #10
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    Default Re: Ok what now

    Im not that clued up to be honest on what exactly a judgement is. Surely it can be a good thing though not to give them the extra time and register the judgement if they have not responded on time?

    Yes/no?

    Surely it forces them to cough up sooner than wait another 28 days for them to just mess you around

    Allyxia
    KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
    The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

    HSBC £1200 - Settled in Full
    Cap 1 2 X £100 - Settled in Full
    Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order
    NatWest £2215.60- Settled in Full and Removed Default Natice
    Woolwich £3690 - Settled in Full

  11. #11
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    Default Re: Ok what now

    Have you responded to letter from Cobbetts as per conversation earlier?


    Consumer Health Forums - where you can discuss any health or relationship matters.

  12. #12
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    Default Re: Ok what now

    DH has just gone up PO with boglins to sort it out for RDicon as per discussions!

    I know your claimis slighty different to mine, but apprx how long before I get a reply?

    Have you picked that up anywhere on here?

    Allyxia
    KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
    The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

    HSBC £1200 - Settled in Full
    Cap 1 2 X £100 - Settled in Full
    Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order
    NatWest £2215.60- Settled in Full and Removed Default Natice
    Woolwich £3690 - Settled in Full

  13. #13
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    Default Re: Ok what now

    Quote Originally Posted by Allyxia
    DH has just gone up PO with boglins to sort it out for RDicon as per discussions!

    I know your claimis slighty different to mine, but apprx how long before I get a reply?

    Have you picked that up anywhere on here?
    They always seem to have a 2 week turna around for correspondance. Sometimes less depending on how standard their reply is and whether they have to think or not!


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  14. #14
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    Default Re: Ok what now

    Ah well. I have been advised to post my letter on here as well.

    So will type an edited version (edited out the B******t not the facts) when I get a mo!!

    Allyxia
    KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
    The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

    HSBC £1200 - Settled in Full
    Cap 1 2 X £100 - Settled in Full
    Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order
    NatWest £2215.60- Settled in Full and Removed Default Natice
    Woolwich £3690 - Settled in Full

  15. #15
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    Default Re: Ok what now

    OK. Why is nothing with this claim straight forward.

    First off on receipt of my aqicon I realised my case had been transferred (without me knowing) to manchester, some 500miles round trip.

    I have been calling both courts every day all week to try to sort this out, as AQ has to be posted by tomorow at lastest (date due 6 nov).

    Was advised by Manchester not to post AQ until a further directional hearing has been heard. I have called time and time again, but each time, I get told my file is still with the judge and somebody will contact me to let me know what is happening!!!

    Ok no answer as of 530 today.

    Im am going away tomoro at noon, so have decided to take a plunge and complete the AQ anyway.

    problem 1 - its N150
    problem 2 - it has pages missing.

    I do not understand what it means (dispite reading the template about applications), I do not understand what it means "applications".

    I think it has all been left to late for me, due to both courts complete mis mangement.

    Does anybody know if I can have any redress because of this if my claim gets struck out on Monday?

    Allyxia
    KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
    The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

    HSBC £1200 - Settled in Full
    Cap 1 2 X £100 - Settled in Full
    Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order
    NatWest £2215.60- Settled in Full and Removed Default Natice
    Woolwich £3690 - Settled in Full

  16. #16
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    Default Re: Ok what now

    Is the aqicon due Monday?
    There are templates in the library to fill it in and also a link to downaload and fill in and print online - you can then fax to whichever court claims to have your file - post cheque if they agree or drop it into court before you go away.


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  17. #17
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    Default Re: Ok what now

    Gizz - they transferred my case (without my knowledge) to manchester. With thebest willintheworld I cant get up there to drop the cheque in.

    I have done the aqicon now, and am gona fon them today. I willpost the AQ first class recorded delivery and if they claim it was late ,I wil respectfully reminind the court that the defences defence was 3 days late, justout of pure bloody mindedness, whereas my AQ is late befcause the courts dont have a clue whatthey are doing!!!!

    Obviously Im not going to say this!!

    Anyway I ll do what I have to do this end and talk to them again on monday, if they not received it i will post on here for furthr advice!

    Allyxia
    KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
    The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

    HSBC £1200 - Settled in Full
    Cap 1 2 X £100 - Settled in Full
    Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order
    NatWest £2215.60- Settled in Full and Removed Default Natice
    Woolwich £3690 - Settled in Full

  18. #18
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    Default Re: Ok what now

    Just want to check this is normal way of things!

    I received a copy of Cobbetts aqicon today in the post? Is that normal?

    Additionally, it got me thinking - should I have sent them a copy of mine?

    I mean the very fact that the courts have no idead where my paperwork is, or the fact that they do not know what on earth to do with it, I think the Aq is the least of my problems!!

    Bet they will still cash my cheque though!!!

    Oh well have decided to start my other court cases today rather than wait for a settlement from these, will have to start to new threads, wonder how Nationwideicon and Wooley are settling there claims?

    A responce to my pre ramblings would be much appreciated?

    Allyxia
    KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
    The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

    HSBC £1200 - Settled in Full
    Cap 1 2 X £100 - Settled in Full
    Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order
    NatWest £2215.60- Settled in Full and Removed Default Natice
    Woolwich £3690 - Settled in Full

  19. #19
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    Default Re: Ok what now

    Quote Originally Posted by Allyxia
    Just want to check this is normal way of things!

    I received a copy of Cobbetts aqicon today in the post? Is that normal?

    Additionally, it got me thinking - should I have sent them a copy of mine?

    I mean the very fact that the courts have no idead where my paperwork is, or the fact that they do not know what on earth to do with it, I think the Aq is the least of my problems!!

    Bet they will still cash my cheque though!!!

    Oh well have decided to start my other court cases today rather than wait for a settlement from these, will have to start to new threads, wonder how Nationwideicon and Wooley are settling there claims?

    A responce to my pre ramblings would be much appreciated?
    Yes as a matter of courtesy you should send the other party copy of AQ - but no big problem if you haven't.


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  20. #20
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    Default Re: Ok what now

    Ah balls to them, in which part of this claim have they been showing any courtesy to me with their threatening letters and B**Ls**T.

    As I know its not going to get to court, i cant see how a judge can make it go against me!!!

    What can I expect to happen next gizz?

    Allyxia
    KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
    The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

    HSBC £1200 - Settled in Full
    Cap 1 2 X £100 - Settled in Full
    Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order
    NatWest £2215.60- Settled in Full and Removed Default Natice
    Woolwich £3690 - Settled in Full


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