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.
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Hi all, i had a great holiday!!! Get yourself to Portaventura with the kids nxt summer sometime truly amazing. In comparison we havn`t got any theme parks.
Anywayz back to reality.
Few questions and an update!!!
1st Court Letter:_
Got my notice of Issue on 18th October to be deemed served 23rd of Oct.
Then it said. "The defendant has until the 6th November to reply"
2nd Court Letter:_
Dated 23rd Oct
An Acknowledgment of Service of your claim has been filed today, a copy of which is atached.
The defendant has 28 days from the date of service of the claim form to file a sefence.
Questions:_
1 . Do i send a copy of my charges schedule to SC+M as i did to MCOL also do i have to include particulars of claim as i did on the MCOL website?
2. Do i have to wait till the 20th Nov before taking any action? Im assuming i add the 28 days to the 23rd of October.
No, its not really necessary to send anything to SC&M just yet, so long as you sent your schedule to MCOL in Northampton.
Yes, they now have 28 days from the date the claim was deemed served, so in your casae the 23rd Oct. Expect them to file a defence on the 19th/20th Nov, ie. the last possible minute! In the very unlikely event that they did not file a defence, you could then apply for judgement by default on MCOL.
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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.
Thanks Garry was a bit concerned about this. Youve eased my tension to say the least. I hear everywere that Lloyds tsb take as long as it is poss. Suppose the patient win.
I have read a few threads were they have sent the schedule to banks solicitors after getting aknowledgment of claim. Can i just verify again that at this stage this doesn`t have to be done.
If you have sent a schedule to the bank with your prelim and/or lba, and you've also sent one to moneyclaim to be added to your particulars then no, its not necessary.
Yes, Lloyds do tend to drag it out a bit. Just try and be patient though and it'll come good in the end. Plus, just think of all the interest mounting up!
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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.
Thanks again Garry just have to be certain to be fair i mis read someone elses thread it said they sent a copy of "The aknowledgment of claim" to Lloyds tsb solicitors.
Thanks Garry
I would be nice if this was settled for christmas. Me and my son would go mental!!!
You may be getting mixed up with the allocation questionnaire, which the court will send you along with Lloyds defence once its been filed. It is recommended to send a copy of this to their sols, but no need to worry about it yet.
I would'nt get your hopes up too much about getting a settlement by christmas. Realistically, it'll probabily be more like early next year.
Please remember to DONATE! Help CAG keep up the fight!
Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.
Got my aq and Lloyds long 9. pont defence which was quite scary. Having read loads of other post tho scary is what its meant to be. Have filled out the AQ according to template in library and sent 1 to local court and one to S.C&M. Paying the 100 quid hurt but what the hell.
On the letter i recieved it said A.Q got to be completed by 9 Dec does S.C&M have the same deadline????
Do i send anything more to anyone at this stage??
Maybe ask S.C&M if they got my A.Q?
Think i am spending more time reading posts on here then watchin tv, lol.
Yes they have the same deadline, although they often exceed it.
You could send them a copy of your aq and request a copy of theirs, but the best time to start putting pressure on them is after they've sent you it. They will probably request a months stay for settlement, at which point youy can say "well go on then..... settle!"
Please remember to DONATE! Help CAG keep up the fight!
Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.
Have already sent the aq to S.C&M. My mission is, if they decide to accept it , to get my pennies before xmas. I know im expecting a bit too much. But like everyone at this time of year, boy! would it come in handy.
Again Garry cheers youv`e put my active mind to rest.
Thinking of starting another claim now with the Lloyds TSB Platinium card. Is it same procedure?
Having sent off my aq to local court ive been reading a few threads and do i need to send yet another schedule of charges or will this have been passed over from northhampton to local court via mcol?
I have sent a copy of AQ to Lloyds.
Don't worry - no need to attach your schedule to the aq. Thats only if no schedule was sent for attachment to your claim form at the time of issue.
Mart,
Its not essential to send a copy of your AQ to the other side, although it is considered good practice. Certainly nothing to worry about if you have'nt.
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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.
I sent a copy of my aq to S.C&M because i have read on some threads that they have asked for it, i don`t thinks its important, but it shows your serious and mean business. I dont see it doing any harm and it may save time if they have to send a letter asking you for it.
Upto you really these are just my thoughts that are based on quite few threads that i have read.
Hello, we must be on roughly the same timeline. My aq was due back in this Friday (1 Dec) but before I sent it in I received a copy of ltsb's AQ and rang them as they had asked for a month to try and settle the claim (it would appear they always do this). Anyway, I rang them yesterday and they said, yes, they would settle in full and faxed an offer letter to me yesterday afternoon. I have accepted their offer (full settlement) and faxed it back today and they have said the money will be in my account in 7-10 working days. It would definitely be worth you giving them a call because even if you have already returned the AQ they (LTSB) will also refund the £100 fee you paid (they told me this).
Kate,
Thanks for that sounds very encouraging, i sent my aq to local court day after i recieved it and a copy to them (sc&m). Sounds like you didnt, having recieved theirs first. My deadline is 9th Dec for the AQ i am pondering whether to ring them now or just sit back and wait. The court have recieved my AQ and cheque which is going to be cashed 2morow (just rang). What does Kate reckon or anyone else for that matter???
Can a phone call hurt??