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.
1)I have filled in all the aq except the other information section, i have read the notes but does anybody have any exaples of the types of things they have put in to help their claim?
2)I sent the CPR 18 standard letter to Cobetts laong with letters and Breakdown of charges and received a letter stating my Particulars of claim did not properly particularise my claim and they object to my allegation that the request in intimidating.
Do i have to do anthing with this letter or is the CPR matter closed now?
Last question, i received another copy of the defence from the local court, is this because i have not yet returned my AQ? have a few days left to do this!
Any advise would be much appreciated as i am getting a bit panicky now!
What were your 'particulars of claim' exactly? Can you post them please.
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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.
Claimant has account xxxxxxx, sort code xx-xx-xx
with Defendant from March 2003
conducted on their standard terms and
conditions. Claimant is claiming the return
of £1044.08p taken by Defendant in charges
over three and a half years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite written requests.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 31/10/2003 to 20/09/2006 of £164.38 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.23
Thats fine then. Send off your aq with section G other info filled in as per the guidance notes, ie, the request for standard disclosure. Also attach a copy of your schedule.
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.
You don't have to by any means - so long as you have already provided it, but many do and it certainly won't do any harm.
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.