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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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 Burdie VS Alliance and Leicester

    Hi Folks,

    Bit stuck, i have been pursueing charges over £2k from Alliance and Leicester and notice that on each occasion Alliance and Leicester refuses to pay the charges back stating that they are fair. Ofcourse, as everyone is aware this is untrue.

    I have sent them two letters so far, one to request as a gesture of good willicon the next asking them again for them and if they are not willing to pay then to prove why the charges are correct all of which they have failed to do so, do i send them one more letter stating that it is a letter before actionicon and then if not done, request a court date ??

    please advise, they should not be allowed to bully people as they are doing, why are the government not doing anything about this ?

    Thanks all burdie

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  2. #2
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    Default burdie vs alliance and leics

    Hi Folks,

    Bit stuck, i have been pursueing charges over £2k from Alliance and Leicester and notice that on each occasion Alliance and Leicester refuses to pay the charges back stating that they are fair. Ofcourse, as everyone is aware this is untrue.

    I have sent them two letters so far, one to request as a gesture of good willicon the next asking them again for them and if they are not willing to pay then to prove why the charges are correct all of which they have failed to do so, do i send them one more letter stating that it is a letter before actionicon and then if not done, request a court date ??

    please advise, they should not be allowed to bully people as they are doing, why are the government not doing anything about this ?

    Thanks all burdie


  3. #3
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    Default Re: burdie vs alliance and leics

    Quote Originally Posted by BURDIE View Post
    Hi Folks,

    Bit stuck, i have been pursueing charges over £2k from Alliance and Leicester and notice that on each occasion Alliance and Leicester refuses to pay the charges back stating that they are fair. Ofcourse, as everyone is aware this is untrue.

    I have sent them two letters so far, one to request as a gesture of good willicon the next asking them again for them and if they are not willing to pay then to prove why the charges are correct all of which they have failed to do so, do i send them one more letter stating that it is a letter before actionicon and then if not done, request a court date ??

    please advise, they should not be allowed to bully people as they are doing, why are the government not doing anything about this ?

    Thanks all burdie
    Ok you have gone astray slightly, but nothing to drastic.
    You nedd to send the LBA which is in the library also a spreadsheet listing the charges. I strongly advise that you spend sometime reading the FAQs and step by step instructions this will hep avoid any further mistakes, Also please stick to one thread for each of your claims.






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

  4. #4
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    Smile filing court proceedings - need advice

    Hi Folks,
    Need some help and advice please on a number of things if I can. i have read through most of the post and just want to double check that i have done things right, getting scared about the prospect of going to court and having something wrong in my info or calculations.

    I have sent a number of letters to A & L
    Charges total £1666.50
    First Request:29/01/2007 - Gave 7 Days
    Response:01/02/2007 - Unable to agree refund
    2nd Request as a loyal customer and also requested that they provide a full Breakdownicon of the costs incurred : 07/02/2007 - Again 7 days to respond
    Response:12/02/2007 - Believe Charges are fair and competitive with charges made by other financial organisations ...aren't they just ! - No breakdown recieved either
    3rd Request - letter before actionicon:03/03/07 - 7 days response
    Response:09/03/2007 - Looking into the issues raised
    Response:12/03/2007 - Offering £850.00 - Half of charges only
    4th Response: LBA reminder and accept offer of settlement but will continue to chase - -No extension to deadline of 10/03/2007 and will pursue in court.

    Sorry to write such an essay but i am so worried.. I am getting together a file for court and are my calculations correct.
    For the 1666.50 that has been charged I can apply for 0.08 per annum interesticon but is that addtional to this s69 interest someone has stated on a thread. Or can i only apply for the court costs of 120.00 plus 133.32 therefore being £1799.82 ??
    I was going to send a notice of court proceedings instigated letter and then give them a few extra days and then apply on mcol online would this be ok.
    Thanks for all your time peeps, sorry that i have worn your eyes out reading but appreciate any help ?

    Cheers burdie :?


  5. #5
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    Default Re: filing court proceedings - need advice

    Hello Burdie

    its bewildering but if you use the step by step proceedure here http://www.consumeractiongroup.co.uk...tructions.html - and the FAQs here http://www.consumeractiongroup.co.uk...se-read-these/ then use the spreadsheets for calculating the 8% interest at the court stage here http://www.consumeractiongroup.co.uk...eadsheets.html

    Hope this is of some help - I found it all difficult to start, but as you get into it it all becomes clearer.

    cheers
    tealady


  6. #6
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    Default Re: filing court proceedings - need advice

    Quote Originally Posted by BURDIE View Post
    continue to chase - -No extension to deadline of 10/03/2007 and will pursue in court.

    I was going to send a notice of court proceedings instigated letter and then give them a few extra days and then apply on mcol online would this be ok.
    No, this is not ok. Issue your claim without delay.

    You have been given excellent advice above - read the FAQ's and the Step by Step instructions and issue your court claim.

    Do not write anymore letters or set anymore deadlines if you are not going to stick to them.

    The interesticon you apply is 8% pa simple interest and the spreadsheet you can use to calculate your charges will add this for you. In addition to the 8% on each charge from the spreadsheet, you calculate an amount per day from the day you file until the day they settle, this is calculated by taking your total charges only, not the interest figure from the spreadsheet and multiplying by 0.00022. This gives you a figure in pence that you can enter into MCOL.

    Look here for details on how to file your claim.

    http://www.consumeractiongroup.co.uk...laim-line.html

    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

  7. #7
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    Lightbulb Re: filing court proceedings - need advice

    Thank you both for the great advice, i have read through both of the threads that you said and bit worried, i did not send a breaddown of the interesticon charges that they applied only the penalty charges. Can I not just file proceedings with the orignal Breakdownicon sent and add the 0.08% and fees as i had stated in last and final letter. Have i done wrong ?? and on the 1666.50 that i have been charged is my calculations correct of £132.00approx ??

    I am really worried about the prospect of taking on the organisation and need comfort in knowing that what i have done is right, can you help ???

    Kindest regards

    Caz


  8. #8
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    Default Re: filing court proceedings - need advice

    8% interesticon is not just £1666 x 8%.

    Use the Simple S/S here:

    http://www.consumeractiongroup.co.uk...eadsheets.html

    See here for a visual guide:
    http://www.consumeractiongroup.co.uk...html#post50088

    Overwrite the existing examples type of charge, amount and date.

    The days since and 8% will be calculated automatically


  9. #9
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    Default Re: filing court proceedings - need advice

    Quote Originally Posted by hagenuk View Post
    No, this is not ok. Issue your claim without delay.

    You have been given excellent advice above - read the FAQ's and the Step by Step instructions and issue your court claim.

    Do not write anymore letters or set anymore deadlines if you are not going to stick to them.

    The interesticon you apply is 8% pa simple interest and the spreadsheet you can use to calculate your charges will add this for you. In addition to the 8% on each charge from the spreadsheet, you calculate an amount per day from the day you file until the day they settle, this is calculated by taking your total charges only, not the interest figure from the spreadsheet and multiplying by 0.00022. This gives you a figure in pence that you can enter into MCOL.

    Look here for details on how to file your claim.

    http://www.consumeractiongroup.co.uk...laim-line.html
    Thanks everyone for the advice it is so good to have such helpful people. however i am having problems opening the spreadsheet to be able to work out the interest on the amount. I have all the details of charges applied,descriptiosn and the dates, how do i calculate in excel to work out the interest. I am not too back at vlookups but really stuck on this on ANY ideas ??
    The only other thing worrying me is that we stupidly destroyed the statements once we had the info just did not think it would get to this state (naively). I know that I cannot now apply contractual interest on the charges as I do not have the dates of when they were applied in my last and final letter to them i said that i would claim the 8% interest and total of my charges. They have had plenty of time to resolve, time for some action i think. can you advise

    Burdie


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    Default Re: filing court proceedings - need advice

    Burdie
    Prior to comming to this site, I devised an excel spreadsheet that would auto calculate the charges and interesticon (the interest being at 8% per annum per charge). I have since checked my spreadsheet against the ones used by members of this site and it is correct.

    You say that you are unsure how to do the speadsheet and I could describe the process to you, i.e autosums, formulas etc. However the easiest way is if you Private Message me with your email address I will email the spreadsheet to you so that you can use it. If not I will endeavour to walk you through it.

    Regards

    Kandinsky


  11. #11
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    Default Re: filing court proceedings - need advice

    I have been getting together my court bundle today, as these cheeky monkeys been holding on to my pennies for too long. I asked them to demonstate their charges and they stated " we do not publish these details".....ummmm wonder why.

    I should start a burdie's question for the day at this rate but....

    Today's question is.. In my last and final letter which was an iba reminder i stated that i would claim interesticon, as well as my charges and any costs, would i be able to charge their non -contractual rate at this stage as well as the 8% as neither interest rate was specified ??

    Thank for your help all
    burdie


  12. #12
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    Default Re: filing court proceedings - need advice

    would i be able to charge their non -contractual rate at this stage as well as the 8% as neither interesticon rate was specified ??
    No, conmtractual should be claimed in both prelim and lbaicon letters and you cannot claim both contractual and s69 8%, one or the other


  13. #13
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    Default Re: filing court proceedings - need advice

    Hi

    Help i think i have mucked up or have I, when i sent details of the interesticon charge i totalled it from the overall charges not by the date of each charge.

    What shall i do next shall i send a notice of court proceedings and then include a corrected version of the charges up to date or do i just go for it and apply to mcol online with charges and interest to date and then the 0.00022 interest charge ??

    Thanks once again for all your advice, i do hope that sooner or later the banks are forced to comply with the law just like all the rest of us they do not appear to be punished just the customer.

    Good luck to you all.

    Burdie


  14. #14
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    Thumbs up Claim Acknowledged -Advice Needed

    Hi,

    Well after my computer crashing a a few hiccups i finally did the MCOl online, i have filed my claim. They have on the 10th acknoldeged it which buys them more times. I have tried to look at the advice attachments but my computer does not seem to like the scripts for some reason( i am sure a little mouse runs this computer on a wheel it is that old).

    So help.. what happens next should i now file my papers relevant etc and if so can i check i have the right stuff such as..
    Relevant case details including the dunlop case
    Latest schedule of charges - sorry i have tried to get these and failed ? is it my most recent statement ?

    I have stupidly shredder my statements..i know crazy fool! but have ordered some again so that i can so examples of the chares as well as Unfair terms etc details, interesticon charge calculations.

    Shall i send these details to the courts now that the claim has been acknoldeged ?
    Thanks for you help, good luck to you all


  15. #15
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    Default Re: Claim Acknowledged -Advice Needed

    I have tried to look at the advice attachments
    Not sure what you mean by this?
    Shall i send these details to the courts now that the claim has been acknoldeged ?
    No, you don't need to send any documents to the court until you have a hearing date


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    Default help - solicitors letter then letter threating to close a/c

    Hi

    I got in the post today a chq for 863.00 which is only half of what was requested and the claim in court is for 2011.00 including costs.
    Well nfact got two letters one that stated that basically says
    * that the oft is reviewing the bank chargesa andh have suggested that they may be some similarities between c/card default charges and also similar charges applied to current accounts
    * that they recognise the application of general principles set out in 2006 but that the banking industry is not straight forward and that a more detailed examination is needed in relation to the bank charges.
    *we believe them to be fine offer £8963 and includes 120.00 which is less than original offer of £863.00.
    *state that the difference to the amount of the charges for unpaid items applied and the £12

    Then the letter goes on to say "You may have seen the mdeia reports that some banks have considered closing certain customers accounts where the customer has complained about bank charge. We would like to re-assure you that if you do accept our offer of settlement we will continue to operate you account. We would only do so on the basis that you accept the terms and conditionsicon of your account previous notified to you and that the charegs will be applied in accordance with your current charging policy." Well so in other words if you do not accept they will close the account........ummmmm interesting!

    Help i need advice who do i send the letter and cheque back to ? Do i send my details and how can i make sure i have everything ?

    What is the latest schedule of charges ?? I am so stressing about this, it has taken a lot of hours to get this far and will not stop until we get the full amount. So please all help and advice would be appreciated.


  17. #17
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    Default Re: filing court proceedings - need advice

    Burdie, first off dont stess and worry about this...you are in the driving seat not them. These are just further and different tactics to get you to drop the claim for a lesser amount. You should bear in mind that they are changing tactics and their tune on an almost daily basis. As to the OFT they are a regulatory body and any recommendations they make are just that. They are not legally binding or set in legislation....the legislation and common law that applies is all that is relevent...they can only charge you their liquidated costs, which can be predetermined, which we all know is considerably less than the charges they do apply.

    As to your questions.

    Firstly, make a copy of the cheque for your own file and then return it (torn in half) to the originator on the letter, with a rejection of offer letter which you can find in the templates libraryicon. Dont forget to send this recorded.

    With regards to the letter concerning the thinly veiled threats that unless you accept the offer they will close the account, so what? Are you that bothered.....hopefully you will have a parachute accounticon to switch to. But keep the letter as once you have gone through the process of them closing the account it supports and adds credence to your claim to the relevent authorities that they have acted in a retalitory manner.

    As to the rest of the blurb in their letter(s), this is their opinion and as we all know 'opinions are like bum holes....every one has one.' The only thing that matters is what can be tested and proven in court...soemthing they are not going to do.

    As to the latest schedule of charges, this is your charges plus interesticon charged at 8% per annum per charge, from the date the charge was applied to your account, to the date that the claim was filed with the court. The interest will continue to rise after this date until you go to court and if you win. However it is unlikely that you will end up in court so the schedule of charges plus interest will be until you filed with the court.

    Hope this is of some help

    K


  18. #18
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    Default Re: filing court proceedings - need advice

    Hi,

    Yes i sorted out an account, it just amazes me that tactics that they will use. I will send a copy of the letter back once again rejecting the claim, but i thought that you are not supposed to contact if court proceedings are going through, they were served with the claim on the 2nd which they said to allow an extra 5 days so that is the 07/05/2007 they then acknoledge on the 10th am i right in thinking that they have until the 21st to give details of the defence which they intend to do they have stated that they intend to defend.

    I am pretty much ready I have been putting together my court papers over the last few weeks have the, relevant case law, Unfair 1997 act, sales of good act 1982 etc, the only thing i am missing is the statement as i shreadded them they have taken £4 for another copy but still not recieved.

    What shall i do next. I have already sent a rejection to their first offer, which was £850.00 they have now offered 863.00 however this includes court costs and is less than their first offer ??

    Can you advise on what to put next and shall i send a copy to the solicitors. I have copies of all correspondance for them and will include this.

    Thanks again for all help, i am looking forward to being able to make a donationicon, this site is a god send!

    burdie


  19. #19
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    Default Re: Burdie VS Alliance and Leicester - defence recioeved

    Hi

    Well today in the post i have recieved the defence from alliance and leicester having gone to see a solicitor in a state of panic he has re-assured me that my claim is fine but now that a defence has been entered it is a scary prospect.

    I need to send a letter to their solicitors to ask for the statements as stupidly shredded them other than that my thick file of evidence is ready.

    Can anyone help ?

    Thanks Burdie - good luck to you


  20. #20
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    Default Statements destroyed - court case 31st Panic - Help!!!!!

    I need to send a letter to the bank solicitors as the statements have been destroyed and alliance and leice should have sent them to them can you advise me as to what to put my case is in july.

    I am so worried, i have all the date bar this information as live on a barge and they got destroyed accidently.
    Please help me

    thanks



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