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.

£19.99 + £1.50 (P&P)




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.

£9.99 + £1.50 (P&P)

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
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  1. #1
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    Default bobthecabbie v A & L

    hi, can anyone help? im claiming in excess of 10k from a&l, would it be best to make seperate claim or make one claim in the county courticon?

    there is an online service kindly provided by her majestys government called "money claim online" www.moneyclaim.gov.uk/ which guides you through the process then calculates how much you have to pay in costs. but this claim is then dealt with by the county court i think. i have just read that someone lost the second part of their claim because they split it into 2 parts. although this may have been because the second part was pre 6 yearsicon.

    all my claim is within the 6 year period and help would be greatly appreciated.


  2. #2
    Mumofthreeboys
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    Default Re: over small claims court limit

    Is the £10k with or without interesticon? If it's with interest, what rate are you using?


  3. #3
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    Default Re: over small claims court limit

    with interesticon, i used the interest template of 8% or 0.2222 etc


  4. #4
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    Default Have Just Received Acknowledgement Of Service Order

    hi, i have just received an "acknowledgement of service order" from wragg and co the alliance and leicesters solicitors. they made me an offer of 40% of what i was claiming which i rejected. anyone have any advice. court case is due on 21 may at northampton county courticon and not small claims court.


  5. #5
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    Default Re: bobthecabbie v A & L

    Hi

    I presume that your case has been listed for Fast Track?

    Have you had any notification from the court about exchanging documents (evidence) that you will both require?

    With Fast Track comes Standard Disclosure - this means that you can ask for documentary evidence from the bank of their charging regime. They won't supply it, by the way, since it will basically scupper their defence.

    Let us know the above and we can advise you from there.


  6. #6
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    Default Re: bobthecabbie v A & L

    hi, not sure if its fastrack. i obtained order through hmcs online. the document said that they have 5 days to reply and poss another 28 after that. have not had anything else except this letter from wragges


  7. #7
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    Default Re: bobthecabbie v A & L

    Quote Originally Posted by jonni2bad View Post
    Hi

    I presume that your case has been listed for Fast Track?

    Have you had any notification from the court about exchanging documents (evidence) that you will both require?

    With Fast Track comes Standard Disclosure - this means that you can ask for documentary evidence from the bank of their charging regime. They won't supply it, by the way, since it will basically scupper their defence.

    Let us know the above and we can advise you from there.
    not sure if its fast track. i have just received standard form telling me that the case is in process. a and l have sent the form to me saying they get an extra 28 days.


  8. #8
    Mumofthreeboys
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    Default Re: bobthecabbie v A & L

    Quote Originally Posted by bobthecabbie View Post
    not sure if its fast track. i have just received standard form telling me that the case is in process. a and l have sent the form to me saying they get an extra 28 days.
    They don't get "an extra 28 days". They get 28 days in total from the date the claim was deemed served, but in order to use the 28 days they have to acknowledge your claim within 14 days.


  9. #9
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    Default Re: bobthecabbie v A & L

    Quote Originally Posted by Mumofthreeboys View Post
    They don't get "an extra 28 days". They get 28 days in total from the date the claim was deemed served, but in order to use the 28 days they have to acknowledge your claim within 14 days.
    yes sorry, they have sent acknowledgement and they get 5 days at begining to say theyve received it. i had letter this morning from wragge solicitors with the acknowledgement. they sent cheque 3 days ago offering about 35% of claim and i sent them letter of rejection.


  10. #10
    Mumofthreeboys
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    Default Re: bobthecabbie v A & L

    That's fine then, don't panic. Wait until you receive their Defence.


  11. #11
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    Default Re: bobthecabbie v A & L

    Quote Originally Posted by Mumofthreeboys View Post
    That's fine then, don't panic. Wait until you receive their Defence.

    many thanks, very much appreciated. what do you think is likely to happen


  12. #12
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    Default Re: bobthecabbie v A & L

    Quote Originally Posted by bobthecabbie View Post
    many thanks, very much appreciated. what do you think is likely to happen
    ps, i have said i am posting the cheque back to them after 7 days, is this still the correct thing to do.


  13. #13
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    Default Re: bobthecabbie v A & L

    Quote Originally Posted by Mumofthreeboys View Post
    That's fine then, don't panic. Wait until you receive their Defence.
    hi, i have just realised that i did not fill out my particulars of claim properly on the online form, is it to late to amend it? also i have just sent the court the schedual of charges.


  14. #14
    Mumofthreeboys
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    Default Re: bobthecabbie v A & L

    Quote Originally Posted by bobthecabbie View Post
    hi, i have just realised that i did not fill out my particulars of claim properly on the online form, is it to late to amend it? also i have just sent the court the schedual of charges.
    Right ok, when you say you haven't filled out your POCicon's properly - what did you put in them?

    This is important - we need to know this asap!


  15. #15
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    Default Re: bobthecabbie v A & L

    it says " i wish to make a claim that charges were made to my account betweent 21 march 2001 and 13 march 2007. despite several letters requesting the money owed to me i have received 2 letters from a&l both rejecting my claim. the first letter states that the oft report only applies to credit cards and the second states that in their opinion the charges are fair. the claimant claims interesticon etc etc."

    also i am preparing a letter to wragge and co listing a schedual of charges and acknowledging their letter, is this also the right thing to do


  16. #16
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    Default Re: bobthecabbie v A & L

    Where did you get that POCicon from?






    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.

  17. #17
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    Default Re: bobthecabbie v A & L

    could not copy and paste the one i wanted so put in what i thought was correct. woman on helpline said it seemed ok!!

    also do i need to send schedual of charges to court or wait until asked to submit it


  18. #18
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    Default Re: bobthecabbie v A & L

    This is what you need to use, amend to suit your claim.
    http://www.consumeractiongroup.co.uk...-claim-n1.html

    Use the N244icon to amend the claim this will cost £35 which you cannot reclaim.

    http://www.consumeractiongroup.co.uk...on-notice.html






    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.

  19. #19
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    Default Re: bobthecabbie v A & L

    also preparing letter to wragge and co "
    Dear Sirs,
    I acknowledge receipt of your letter dated 25 April 2007.

    Please find enclosed a schedule of penalty charges along with interest claimed at the annual rate of 8% pursuant to section 69 of the county courticon Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £11858.74.


    I understand you have a policy of initially rejecting claims for overdrafticon interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

    If it is that in your view the interest is not claimable, I am prepared to discuss this with yourselves and the judge in court.


    is this the correct thing to do






  20. #20
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    Default Re: bobthecabbie v A & L

    Quote Originally Posted by livelylad View Post
    This is what you need to use, amend to suit your claim.
    http://www.consumeractiongroup.co.uk...-claim-n1.html

    Use the N244icon to amend the claim this will cost £35 which you cannot reclaim.

    http://www.consumeractiongroup.co.uk...on-notice.html

    could you tell me what figure i put on the new POCicon form, is it the gross amount of charges claimed or is it the total including interesticon



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