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 HEEELPPP!!! £12000 in Charges! WITHOUT INTEREST!

    Hi There Everyone!

    I'm just about to send off the initial letter of request for payment tomorrow and the total comes to £12883!!!!!!!!!! This is for a friend of mine...Mine weren't so high, so I'm a bit nervous! My claims were settled with contractual interesticon at 29.8%, but the total for this claim with contractual interest is over £30,000! WHAT SHOULD I DO?!?!?!?!?! PLEASE HELP SOMEONE!!!!!!!!!!!!!!!!!

    Cala

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  2. #2
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    Default Re: HEEELPPP!!! £12000 in Charges! WITHOUT INTEREST!

    Hi welcome to the site.
    I cannot believe that you are asking this question in the hope of getting the claim settled,if you dont understand the process how will you succeed ?
    Frankly I would not trust you to do mine.
    So whats the answer ?
    You will get nowhere at all without reading up.
    Prove me wrong

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  3. #3
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    Default Re: HEEELPPP!!! £12000 in Charges! WITHOUT INTEREST!

    Hi There...

    Martin! That wasn't exactly helpful!!!!!!1 I do know the process - i've just gone through it myself. I managed to reclaim all my charges plus interesticon. What I'm not sure on is the amount on these charges. With interest, it totals over £30000. I understand that up to £15000, I can fast track the claim eventually, but I'm not certain what to do at such a high mark. Additionally, the £30000 is at their contractual rate of interest of 29.8%, not the statutory 8%. When it comes to filing, where should I file? Should I attempt to split the filings? Although it seems that its not really a good idea, in all the other threads i've read? Also, does Alliance & Leicester play ball, or do they go all the way to court - i.e. will i need to prepare a bundle? I've been trying to find cases in the forum that have a similar amount, but no one seems to have gone this high in JUST CHARGES! Hence my issue! Maybe you can help me find one? Or perhaps there's someone out there who can just give some basic advice!!!! I'd really appreciate it!

    Thanks

    Cala


  4. #4
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    Default £13000 claim against A & L!!! NEED HELP!

    Hi There!

    I've just received by the standard bog off response from A & L for my prelim letter...i.e. charges concern cc charges not bank...blah blah blah...I'm about to send off my lbaicon. My problem is as follows: the amount of the claim! I don't know where I should file it! I.E. which route I should go...with interest, the claim comes to more than £20,000...so should I split and file in fast track? or should I just take to county courticon? I really don't know what the best course of action is here? OR should I just file fast track, claiming no interest?!?!? WHAT SHOULD I DO! I'm so confused as to what will give me the best result...i.e. least hassle - I would really prefer NOT ending up in court...I don't know if that can be helped anyway because of the size of the claim, but basically I WISH! Please could someone give me some advise on how I should go about this?!

    Thanks

    Cala


  5. #5
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    Default Re: £13000 claim against A & L!!! NEED HELP!

    wow that's a lot of money they've had from you over the years. Good luck with your claim. Can't give advice as I'm only claiming back £393.00

    Good luck!


  6. #6
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    Default Re: £13000 claim against A & L!!! NEED HELP!

    hi
    i think i would make several small claims, screwing them more than once must have certain pleasure, after all by the amount they owe you they must have made your life a misery


  7. #7
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    Default Re: £13000 claim against A & L!!! NEED HELP!

    Not a good idea. The bank could and probably would ask the court to consider all the claims together and take it through a higher court, at risk of costs.t

    I think if you want to go for the lot, then go for it. A judge wouldn't like the tactic of breaking it up.

    That said, it's worth a try, you could break them up by charges perhaps - one claim for over limit charges, another for bounced cheques, etc....

    Different breach of contract each time.

    Just a thought.

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  8. #8
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    Default Re: £13000 claim against A & L!!! NEED HELP!

    Hmmm...thanks dave interesting idea!!! UNFORTUNATELY...I sent off the lbaicon already with the full charges in place...do you think when it comes to making the claim online, I should break it up? Or should i Just go for it!

    Thanks!

    Cala


  9. #9
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    Default Re: £13000 claim against A & L!!! NEED HELP!

    lbaicon sent and they have until Feb 9 to reply! I can still file an mcol online even at this amount, right? Would it be better to file in court?!?!

    Any ideas anyone?!

    Also does anyone know of anyone else that has claimed such a large amount from A & L? Do you think its likely we will get to the court stage?!

    THANKS!!!!!!

    Cala


  10. #10
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    Default Re: £13000 claim against A & L!!! NEED HELP!

    Well lbaicon sent and they're replied only a couple of days later with one of their standard get lost responses.

    I'm going to be waiting as advised elsewhere the full 14 days prior to filing, but will then fill would like to do it online...any advise there?

    ALSO! once again - does ANYONE know of anyone else having claimed a similar amount successfully from A & L?!?!?!?

    PLEASE GET BACK TO ME!!!!


  11. #11
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    Default Re: HEEELPPP!!! £12000 in Charges! WITHOUT INTEREST!

    Hi Cala, Im in a similar position, I reckon i would be roughly the same but like you I dont know or read anybody with that amount who has won. Im currently awaiting amy 5 years of statements (In Scotland you can only claim back 5 years). Please keep me posted what you done and if you won. Thanks Alison


  12. #12
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    Default Re: HEEELPPP!!! £12000 in Charges! WITHOUT INTEREST!

    Hi Ali

    I will definitely keep you updated! I have another thread open on alliance & leicester where I'm discussing this same case...take a look over there - I have found someone that got back a similar amount, but its pretty darn scary, especially considering the £400 mcol charge!!!

    Cala


  13. #13
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    Default Re: HEEELPPP!!! £12000 in Charges! WITHOUT INTEREST!

    Hi cala you need to start a thread in the relevant banks forum. Thanks.

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  14. #14
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    Default Re: HEEELPPP!!! £12000 in Charges! WITHOUT INTEREST!

    Hi there 0-

    Already have a thread open in relevant bank site, but still very few responses!!!

    Thanks


  15. #15
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    Default Re: £13000 claim against A & L!!! NEED HELP!

    Cala,
    I would personally file in court. With this amount involved, you need to provide as much detail as possible. I have spotted another thread asking about claiming contractual interesticon. If you do that on this amount it will take you into the realms of multi track. You do not want to go there. If A & L decided to go to court you will need a barister and the cost implications are extreme. I would just stick to the 8%. That way your claim will only hit fast track. You are still exposed to cost's if you lose, but at least you can represent yourself.

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  16. #16
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    Default Re: HEEELPPP!!! £12000 in Charges! WITHOUT INTEREST!

    2 threads merged

    If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.
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  17. #17
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    Default Re: HEEELPPP!!! £12000 in Charges! WITHOUT INTEREST!

    Hi there -

    So I filed a claim for only 2001-2003. The thing is, that the date of filing the claim with the court is slightly more than 6 yearsicon - but not more than 6 years for when i originally sent them my letter. They've now sent a letter - to the wrong address albeit - requesting that i ammend the data. What should i do? Its already filed in court with the original dates....

    HELP!!!

    Cala


  18. #18
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    Default Re: HEEELPPP!!! £12000 in Charges! WITHOUT INTEREST!

    Write back to them and advise no amendmenticon will occur as the charges claimed are within 6 yearsicon of your first letter. I would also include a copy of your first letter for thier information.

    Please Click The Scales if I have been of help to you.


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  19. #19
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    Default Re: HEEELPPP!!! £12000 in Charges! WITHOUT INTEREST!

    thanks ed! done as of today...do you know if it matters that the response will be later than their requested 7 days? they sent the letter to the wrong address, so i only just received it, and it had already passed their 7 day deadline!

    thanks

    cala


  20. #20
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    Default Re: HEEELPPP!!! £12000 in Charges! WITHOUT INTEREST!

    I must be missing something where on earth can someone run up charges including interest of £ 30,000.00 Does that include all overdrafticon interest for the whole account??? The most I can come up with is £ 2,000.00 even though it is only for a couple of years. But to get to £ 30,000.00 is really something If it is legit. best of luck but I would split it up to avoid baristers. I have a small claimicon against A&L it is only for £ 304.00 it is due in court on 16h. March. They sent me a letter dates 20/2/2007 stating how legal their charges are and MBNAicon ( who now handle some of A&L business if not it all ) do not agree with the OFT's findings etc etc. Then on the second page they go on to say that they had agreed to a partial settlement of what I owed them and they had written off £1,371.06. so as they had provided me with this generous offer they feel that I should not seek a refund of the charges. They feel it is inapprpriate to agree to my request!!! I sent hem a letter dated 26/2/'2007 saying I will look forward to meeting their representive in court explaining to the judge how they arrive at such a cost



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