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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    enaid Novitiate enaid's Avatar

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    Default to procced or not.

    I have now received some statements and letter about microfiche, with others to follow. Should I start the claim for the charges I have now, or would it be best to wait for the rest of the statements and do just one claim?


  2. #2
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    Default Re: to procced or not.

    Be patient. Estimated claims nearly always cause problems sooner oir later


  3. #3
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    Default Re: to procced or not.

    They are not estimated I have statements from June 2004, i just wondered if it would be ok to start a claim on these and then claim again on the other statements, that they say will take a while to arrive.


  4. #4
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    Default Re: to procced or not.

    Just do one claim

    Have they said when they hope to get you them by?

    If it were me, I'd send the prelimary letter now. You have around 28 days then to add the rest before starting the claim. You don't have to do an estimated claim, just add the rest on when you get them.

    There is nothing to stop you doing this, and it will save a lot of time.

    for FAQs & Step By Step click here
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    ________________

    WON 121o121 'vs' LloydsTSB here
    WON 121o121 'vs' Halifax C C here
    WON 121o121 'vs' Cahoot CC here
    WON 121o121 'vs' LloydsTSB (again) here

    ________________

  5. #5
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    Default Re: to procced or not.

    In the next 6 weeks or so! but I have read other threads and it seems to be taking longer than this to get the rest of the statements even through the legal route. So are you saying start claim now, and later alter figures and interesticon?


  6. #6
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    Default Re: to procced or not.

    Well the interesticon isn't an issue until you start the claim through the courts.

    If you start the prelimary letter now, you can save alot of the waiting at a later date. You can add the later charges right up until you file your claim. Lots of claimants add the extra charges just before they submit their N1.

    for FAQs & Step By Step click here
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    ________________

    WON 121o121 'vs' LloydsTSB here
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    WON 121o121 'vs' Cahoot CC here
    WON 121o121 'vs' LloydsTSB (again) here

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  7. #7
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    Default Re: to procced or not.

    Thanks for that 121021, will get the ball rolling. Thank you very much.


  8. #8
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    Arrow Re: to procced or not.

    Hi enaid

    I would tend to agree with 121.... in that....

    *personally I would not start an estimated claim yet (however)

    (and I think you are right about waiting for the microfiche)

    *there is nothing wrong now starting with the priliminary letter now to get the ball rolling. You can state you want to claim £x +£y interesticon + £microfiche info, which you are waiting on (from them).

    In theory, and I know you are considering you should include the £z contractual now too ; but I never included mine until the lbaicon stage. You could spend the time researching the yukky yukky £z too.

    Incidentally, the more letters you write before you actually submit the claim to proove to the judge how hard you have tried to settle the claim.... not that your end up in court


    Hope this gives a fully answer; and thanks for visiting my thread

    Innocent

    CLICK MY SCALES IF I HAVE BEEN USEFUL
    *
    BARCLAYCARD WON £307
    *
    CAPITAL ONE WON £2.1k
    *
    NATWEST WON £3.4k
    *
    LLOYDS TSB CURRENT
    Start 26/4 LBA 7/6 conLBA 22/1 N1 12/3 AQ 3/5/07ONHOLD
    MORE THAN/ LLOYDS MCARD
    Start 2/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING
    MONUMENT VISA

    Start 1/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING
    NATWEST BUSINESS
    RESEARCHING

  9. #9
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    Default Re: to procced or not.

    Yes it is tempting to get the ball rolling but Michael Browne knows what he is talking about. I sent letter to Mr Whalley threatening court action and got my statements a week later. They might be more anxious to play ball after 'Whistleblower' IMHO. Sally

    If my advice has been helpful tip the scales

    West brom SETTLED

    Halifax current SETTLED IN FULL

    halifax curent (2nd) stayed. Visa - SETTLED
    2nd visa LBA sent
    halifax for the 3rd time. LBA sent

    Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

    Sainsbury's - Awaiting court date

    Co-op cc SETTLED IN FULL 2nd claim. Settled in full


    National Westminster Settled in full. 2nd claim. N1 submitted


    HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL


  10. #10
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    Default Re: to procced or not.

    Well I have sent Request for Payment letter on 16th March, they received it 19th March, so I am giving them till 2nd April for response. Still not had earlier statements but I will add them on later as suggested.
    Don't know if I am coming or going, I have Monument and Cap 1 on the go as well, all for my son mind you (bl88dy kids whou'ld ave em)


  11. #11
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    Default Re: to procced or not.

    Quote Originally Posted by enaid View Post
    Well I have sent Request for Payment letter on 16th March, they received it 19th March, so I am giving them till 2nd April for response. Still not had earlier statements but I will add them on later as suggested.
    Don't know if I am coming or going, I have Monument and Cap 1 on the go as well, all for my son mind you (bl88dy kids whou'ld ave em)
    Hi enaid I had similar problem as you with Halifaxicon so I started the prelim stage with 2005/2007 statements mentioning I would include further charges when they complied with SARicon. Got my statements after 43 days so when I sent lbaicon amended Schedule of charges to include all charges.
    starting court claim 31/3/2007 don't need to wish you good luck just be patient you will get paid.

    dpick

    cannot find it A to Z

    http://www.consumeractiongroup.co.uk...hat-youre.html


    Halifax
    Paid in full £2295

    MBNA 20/03/2008 settled in full out of court

    Capital One
    07/07/2007 Capital one charges paid in full £1666
    19/01/2008 recovered PPI £2216 + costs

    Littlewoods
    12/08/2007 write off £1176.10 debt.

    JD Williams charges refunded in full £640

  12. #12
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    Default Re: to procced or not.

    Thanks dpick,
    I didn't tell them I would be adding on the older charges in my prelim, as I expect I will have to do an lbaicon, so I will include it in that letter. Did you do Contractual Int? I find that very daunting, but I would love to squeeze every bit out of them.


  13. #13
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    Default Re: to procced or not.

    Quote Originally Posted by enaid View Post
    Thanks dpick,
    I didn't tell them I would be adding on the older charges in my prelim, as I expect I will have to do an lbaicon, so I will include it in that letter. Did you do Contractual Int? I find that very daunting, but I would love to squeeze every bit out of them.
    Hi, I am not going for contractual interesticon just 8% at court stage with Halifax. I want to go through a standard claim where I get the money in my hot sticky hands first. I will be going for charges interest on charges and interest on that total. With Capital One if I get both PPI and charges etc back I will have something left after clearing card MBNAicon will just pay some of the balance of card.

    dpick

    cannot find it A to Z

    http://www.consumeractiongroup.co.uk...hat-youre.html


    Halifax
    Paid in full £2295

    MBNA 20/03/2008 settled in full out of court

    Capital One
    07/07/2007 Capital one charges paid in full £1666
    19/01/2008 recovered PPI £2216 + costs

    Littlewoods
    12/08/2007 write off £1176.10 debt.

    JD Williams charges refunded in full £640

  14. #14
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    Default Re: to procced or not.

    I did exactly the same thing with my first claims. I assume you are referring to 'debit interesticon - as notified last month' if yours is a current account? Quite right you will get it all back as long as you stick to your guns and refuse to be bullied either verbally or by letter. A very empowering experience.

    If my advice has been helpful tip the scales

    West brom SETTLED

    Halifax current SETTLED IN FULL

    halifax curent (2nd) stayed. Visa - SETTLED
    2nd visa LBA sent
    halifax for the 3rd time. LBA sent

    Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

    Sainsbury's - Awaiting court date

    Co-op cc SETTLED IN FULL 2nd claim. Settled in full


    National Westminster Settled in full. 2nd claim. N1 submitted


    HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL


  15. #15
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    Default Re: to procced or not.

    Hi enaid,
    Did you go ahead with your estimated claim?
    If so, how did it go?
    Their 40 days is up and I am looking to get things moving forward.


  16. #16
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    Default Re: to procced or not.

    Hello Anedar
    It wasn't an estimated claim as such, I only received statements from 04 with £312 on them so I requested that.Anyway as I heard nothing I sent lbaicon on 4/4. Yesterday I received offer of £120 the letter was dated 30/3 but no frank on envelope to say when it was posted. I said on LBA I will be reclaiming any charges on the earlier statements when they finally send them. If your 40 days are up there is a letter of non compliance DPA in the Template letters, giving another 7 days to comply, and I think you complain OFS (not sure if it is them but you will see when you look for the letter). Hope this helps.


  17. #17
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    Default Re: to procced or not.

    Thanks Enaid.
    I have DPA letter today.
    thanks for your help, I'll keep an eye on your claim.


  18. #18
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    Default Re: to procced or not.

    If i've been helpful in any way....then tip my scales over there!

  19. #19
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    Default Re: to procced or not.

    MCOL 30th April
    deemed served 5th may
    Acknowledged 8th may
    Claim £352.00 + £57.73 interesticon.



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