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.
When you get to court, claim it then along with interest
Dave
** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **
see you stand like greyhounds in the slips,
Straining upon the start. The game's afoot:
Follow your spirit; and, upon this charge
Cry 'God for Harry! England and Saint George!'
If you think I have helped, informed, or amused you do the clickey scaley thing !!
Was that your 1st letter? Not to worry, when you send your lba, alter the amount (add a sentence to it to explain that you missed one and this is the revised amount), it's no big deal.
Apologies to people who I was in the process of helping, I may be gone some time.
What was the date that your claim was deemed to have been served?
They have either 14 days from this date to file an Acknowledgement of Service or pay. If they file an acknowledgement of service they get a further 14 days in order to submit a defence.
Presumably as they have acknowledged your claim, they intend to defend, so you should hear again shortly.
iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted. Vanquis - Claim issued, no AoS or Defence received
oh, and since we sent the lba my hubby was sent a default notice and told to clear his £1k overdraft immediately, we couldn't do this, so hubby accepted the deafault notice. RBS then said the acc was closed, but still continued to charge hubby for ddr's that were unpaid (£38 charge for £20 direct debit!!)
so he rec'd his stmt last week and there are around £180 worth of charges - how do i claim those, i already filed a moneyclaim b4 i was aware of them.
have i left it to late - also can i claim £30 default notice fee back?
you can wait until they offer to settle in full and then simply ask if they are prepared to refund the charges made whilst your claim has been ongoing or do they want you to start a new claim for their return.
on moneyclaim it shows RBS acknowledged my claim on 18/09/06 -
what is the latest date that i should hear from them?
They have 14 days from the acknowledged date to enter a defence. However the full time allowed is 28 days from the date the claim is deemed served.:grin:
oh, and since we sent the lba my hubby was sent a default notice and told to clear his £1k overdraft immediately, we couldn't do this, so hubby accepted the deafault notice. RBS then said the acc was closed, but still continued to charge hubby for ddr's that were unpaid (£38 charge for £20 direct debit!!)
so he rec'd his stmt last week and there are around £180 worth of charges - how do i claim those, i already filed a moneyclaim b4 i was aware of them.
have i left it to late - also can i claim £30 default notice fee back?
pls reply
Hi if the default is because of charges you can have it removed there is a thread regarding default removal. Also contact the bank and state that will file a seperate claim for any further charges ask them how they can continue to add charges if they account is closed.
You will have to send another lba for these charges; the Court cannot amend the moneyclaim once it has been filed. I can be done but you would need to submit an application and request to re-serve the claim. In order to do this you would need to complete an application notice (N244) detailing the changes you would like to make and send this to the court along with an N1 completed with the correct claim details.
Frankly in my opinion it's not worth it at this stage.
I would begin a new claim for these charges and the default fee and would be tempted to wait until this claim was settled and request that they add these charges to your payment.
iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted. Vanquis - Claim issued, no AoS or Defence received
i have taken RBS to court via moneyclaim - but they have filed a defence against me.
i am willing to go to court so i filled the questionnaire in and returned it with the requested £100 court fee because it was over £1.5k (this is in addition to the £120 i already paid on MCOL website)
i was just wondering whether this was the done thing or not - i've not heard of the additional £100 before.
mine was about a month but really does vary on how busy the court is.
NatWest - Settled in full 22/05/06
RBS- Prelim sent 9/05/06 £1,147
£500 offer 27/05/06, rejected 30/05/06
LBA sent 25/05/06
MCOL 15/06/06
Defence received 20/07/06
Settled in full 01/09/06 wahey!!!!!!!!!
Today i have rec'd a copy of Cobbets court questionnaire stating that they intend to have my case sticked out of court due to cpr 3.4 (2) (a), due to a lack of reasonable grounds to bring the claim to court.
it sounds like the cpr 18 which others have mentioned - is it?
or do you think my case will be struck out of court?
also cobbets state that they asked to remedy the lack of particularity in the particulars of claim - but they didn't.
please, please help - i don't want to lose my court fee's.
Re: cpr 3.4 (2) (a) HELP -striking it out of court
Originally Posted by boltonangel
hi
Today i have rec'd a copy of Cobbets court questionnaire stating that they intend to have my case sticked out of court due to cpr 3.4 (2) (a), due to a lack of reasonable grounds to bring the claim to court.
it sounds like the cpr 18 which others have mentioned - is it?
or do you think my case will be struck out of court?
also cobbets state that they asked to remedy the lack of particularity in the particulars of claim - but they didn't.
please, please help - i don't want to lose my court fee's.
missed a charge
last week, but i ommitted a £28 charge, what can i do, if anything??
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If you think I have helped, informed, or amused you do the clickey scaley thing !! 
Originally Posted by boltonangel
