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:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    twisted-pixel Novitiate

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    Default Going to try new approach

    hey folks,

    I'm thinking about trying a new tact. I've sent my lbaicon and should be beginning court proceedings at the end of this month...but...I've been thinking about sending this....(not sure about the wording yet..need to play with it a bit)...what do people think?


    Many thanks for your letter of 16th April 2007 in reply to my letter advising of impending court action to recover blah blah blah

    Your letter indicates that you aim to resolve this matter by 15th May 2007.

    I would like to draw your attention to the fact that I stated that had I not received repayment in full of the unlawful charges that had been applied to my account within 14 days of you receiving my letter (indicated by Royal Mail as being received by yourselves on 12/4/07), I would proceed with Court Action to recover the charges.

    I am sure that court action is something we would both like to avoid and so I am prepared to offer a compromise.

    The current schedule of charges that I am claiming (to end of April 2007) amounts to £2041.50. interesticon and costs would push this figure to £2296.21. I am prepared to settle for 90% of the original claim which amounts to £1837.35, thus offering you a saving of £458.94.

    As per my previous letter advising of court action proceeding 14 days after your receipt of my letter, I aim to begin such action on 27th April 2007. I will allow you seven days from receiving this letter to consider my offer.


    then finish it off somehow....

    Just thought it gives them a way of geting out of court action but with the added incentive of saving them a bit of cash. plus I get repaid a bit earlier...can't hurt to try right?

    comments??

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  2. #2
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    Sally Pooley Novitiate

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    Default Re: Going to try new approach

    Hi, as you say it cant hurt to try if you are willing to accept 90%, and at the end of the day, if they say no, you can still go down the normal route, even the judge then couldn't say that you didn't try.

    Good luck Sally



  3. #3
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    Default Re: Going to try new approach

    Have just finished 'tailoring' my letter, but I'm a little unsure as to exactly where to send it. To date I've sent all my letters (SARicon, prelim and lbaicon) to the bexleyheath address. The last letter I recevied from the Woolwich came from Clacton.

    I understand that for the court claim I should use the Churchill Place, London address, but for ordinary letters should I stick with bexleyheath or go to Clacton?

    thanks


  4. #4
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    Default Re: Going to try new approach

    Its up to you at the end of the day.

    Do you know of any one else who has had part settlement at the sort stage?

    Ive known people who because they have waited til the end have also had their current charges added as well - saves teh hassle of starting a seperate claim!! Sweet!!

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  5. #5
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    Default Re: Going to try new approach

    How are things going with your situation?

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  6. #6
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    Default Re: Going to try new approach

    well, I'm waiting until about this time next week and then starting the court claim.


  7. #7
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    Default Re: Going to try new approach

    Hi twisted-pixel,

    I tried this approach and asked for their offer + 50% of the difference between the offer and the actual amount owed (obviously not including any interesticon).

    The Woolwich - they say no!

    I've now had a letter suggesting I refer my complaint to the Financial Ombudsmanicon. Not sure if this is actually something I "have to do" in order for any court action to be valid, but I'm just about to start reading all the FAQ's again to find out!

    I'm sure you'll let us know if they go for your offer though!

    Good luck,
    Rainbow


  8. #8
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    Default Re: Going to try new approach

    well, if they say no to 1800 then they will end up having to give me

    £2200 charges
    £500ish in interesticon (contractual interest)
    £costs - court costs plus something for my time, just haven't worked out how much yet..any ideas?

    so, let's just say £3000...and I will laugh my tits off when I remind them how much they could have settled for.



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