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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    magpie3 Novitiate

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    Smile 'Magpie3 v woolwich'

    I have begun by requesting my bank charges from the Woolwich, I've received an offer and am about to send a letter before actionicon to them for the full amount. I'm a little apprehensive in case they decide to withdraw the offer they have made which is £1000 less than I requested. Hope they will see reason and I do not have to go all the way to the small claims court. Having read Ade's excellent outcome I'm really hopeful.

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  2. #2
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    Default Re: New claimant

    You should go after the full amount that you are owed,it's money they have taken from you unlawfully and I doubt the case will ever see the inside of a court room anyway.


  3. #3
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    Default Re: New claimant

    Thanks. Well I'm on the way.


  4. #4
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    Default Re: New claimant

    Hi, I have just found some earlier bank statements and guess what I have charges on these, is it right that I can claim back even though they are more than six years old? If so I probably cannot add them to my present claim as I have already said how much I am claiming and have written my lbaicon. Anyone able to enlighten me?


  5. #5
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    Default Re: New claimant

    I think I am right in saying you can add as many charges and change your schedule right up until you file a claim only then you cannot change your schedule unless you are willing to pay £35 to the court to amend your claimicon.

    hope this helps and good luck


  6. #6
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    Default Re: New claimant

    Hi,
    Thank you to all who have read or replied to my threads.

    I want to make sure that I get things right and am hoping that I can be advised.

    I have found that the joint accounts have over £5000 of charges including interesticon.

    Is it ok to put part of it in my husband's name and the rest in mine. That way the amounts for the Woolwich will both be below £5000 although with interest they will likely go above that amount is that ok to still put through the small claims court if it goes that far?

    I still have to trawl my credit card statements which I expect will produce a significant amount. However the cards have recently charged amounts of £12 per overdrawn charge. Should I still claim this back or do I take it that this is a justified amount?

    Should I only start one claim at a time in case it goes to the small claims court, or will they likely lump the sums together even though they are for different banks/credit cards?

    Last of all, I am happy to put the amounts I am claiming back on my thread, how do I do this?

    Just one more thing do I continue to put everything on the forum under new claimant which is what I used at the beginning or do I put it under various headings depending on what I am talking about. I have never joined any online forums before.


  7. #7
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    Default Re: New claimant

    I still have to trawl my credit card statements which I expect will produce a significant amount. However the cards have recently charged amounts of £12 per overdrawn charge. Should I still claim this back or do I take it that this is a justified amount?

    This is not a justified amount and will only be seen as justified if they show their true costs which i dont see happening.

    Different accounts different claims.

    Last of all, I am happy to put the amounts I am claiming back on my thread, how do I do this?

    If you are claiming for different banks/CC then start appropriate threads for each where you can put the amounts you are claiming in.


  8. #8
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    Default Re: New claimant

    Oh and what would you like this thread renamed to, let me know and i will deal with it for you.


  9. #9
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    Default Re: New claimant

    Hi Bigmac versus,
    From reading other threads this would seem the most apt: Magpie3 v Woolwich.
    Thanks for your help.


  10. #10
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    Default Re: New claimant

    No Problem.


  11. #11
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    Default Re: 'Magpie3 v woolwich'

    Hi magpie,

    Did you accept your offer as partial settlement only, and have they now withdrawn it? I have received an offer today of 1/3 of my claim, and have accepted as partial settlement only, crossing out their "Full and finalicon offer". Like you i'm wondering if they will now withdraw their offer. I'm off on my hols in 2 1/2 weeks and the partial amount would come in handy ....

    Anyway - good luck wiht the rest of your claim.

    Ajjars.


  12. #12
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    Default Re: 'Magpie3 v woolwich'

    Quote Originally Posted by ajjars View Post
    Hi magpie,

    Did you accept your offer as partial settlement only, and have they now withdrawn it? I have received an offer today of 1/3 of my claim, and have accepted as partial settlement only, crossing out their "Full and finalicon offer". Like you i'm wondering if they will now withdraw their offer. I'm off on my hols in 2 1/2 weeks and the partial amount would come in handy ....

    Anyway - good luck wiht the rest of your claim.

    Ajjars.
    I still am not sure what to do. I was considering crossing out full and putting part settlement. Have you asked anyone else? I also could do with the money, as usual. Hope you collect all.


  13. #13
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    Default Re: New claimant

    Thanks for the change. I couldn't find me on the forum at first but eventually did. It's great to have people who know what they are doing.


  14. #14
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    Default Re: 'Magpie3 v woolwich'

    I have a joint openplan account and my husband has a current account. When the offer came through after our initial letter Woolwich addressed the letter to my husband only and included both amounts in the offer. Is this a ploy to annoy do you think?
    Should I still put in separate lbaicon's. Would it be ok to carry on the joint account in my name and my husband to claim on his himself?


  15. #15
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    Default Re: 'Magpie3 v woolwich'

    Your husband deals with his.
    The joint account should be dealt with by both of the account holders.
    Seperate lbaicon's YES keep them seperate


  16. #16
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    Default Re: 'Magpie3 v woolwich'

    Well the lbaicon's have been sent. I have 14 days to wait and then proceed to the court. The amounts being claimed back has gone up considerably since I found statements going back to 1996.
    We have two claims a joint account and my husband's current account which is really our bills account.
    Hope they are fed up of going all the way to court and decide to cough up immediately, although I do not hold out much hope for that to happen.
    It is good to read all the other threads because I know I am not alone.


  17. #17
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    Default Re: 'Magpie3 v woolwich'

    Hi,
    Well I had a letter from the Woolwich today offering Full and finalicon settlement against my lbaicon; completely unacceptable. Now I am a little unsure, I expect I still give them the 14 days since my recorded delivery letter or do I write thank them for their 'kind' offer and decline and still take it 14 days plus 2 for postage?
    Is there a letter to do this which I can copy? I have found LETTER 1 'Response to settlement letter' is that the one I should use?
    I am a bit concerned as my initial £4900 which I requested has increased to £9600 since I backdated for 10 years opposed to the original 6 yearsicon. (Sounds foolish now but at the time a move to the country, new house, bigger mortgageicon, looking after two young children, (with all that entailed childminders etc)husband working 90 miles away coming home at weekends how did we get in such a mess?)
    However I will not dwell on things past, just look to the future and reclaim my rights.
    Would it be possible to make this into two claims to keep it in the small claims court? Maybe half for me, and then the other half for my husband?
    A little time left but would appreciate some advice soon to help me get organised.
    Just a couple of points which I would also like to mention, I did not need to ask for statements as I had all of those, will these all need to be sent to the court?
    Can I block out all the payees on these?
    Many thanks to all who have helped me so far. I have been reading threads.


  18. #18
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    Talking Re: 'Magpie3 v woolwich'

    Can anyone help with my previous post 25th April?
    Does 'bump' mean that the previous message has been put through again?
    What is a POCicon?
    If it is something I should have already read, please could you put a link so I can do so?

    What is a Trackback?


  19. #19
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    Default Re: 'Magpie3 v woolwich'

    POCicon = Particulars Of Claim.
    Your statements dont need to go to court if you do a schedule of charges.



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