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.
I have just received a letter from their solicitor putting a defence in to the court. Is this usual?
The defence says that the particulars of the claim disclose no reasonable cause of action and ought to be struck out pursuant to the provisions of the Civil Procedure rules part 3.4 and/or that summery judgement ought to be granted against the claimant pursuant to the civil procedure rules part 24.2 as the claimant has no real prospects of succeeding on the claim or issue and there is no other compelling reason why the case or issue ought to be disposed of at trial.
Any comments will be appreciated.
Mark
This sounds like them trying to intimidate you into dropping the case. Essentially their position is untenable and they cannot defend their charging policy. They would have to provide detailed calculations in court of their charging formula which will clearly show that they are applying punitive charges.
The solicitors can huff and bluff as much as they like, at the end of the day it is their opinion and interpretation of the rules and proceedures. It will be for a Judge to decide, not them and I think the Judges are sick of the banks wasting time. The solitors are just trying to scare you off by quoting this guff.
I would imagine that this letter has been sent for your benefit only. The next step will be the court sending the Allocation Questionaire. Details of how to fill this in are on the CAGtemplates library.
As to the solicitors letter, you have two options, ignore it or answer it. If you are going to answer it, I would confine yourself to thanking them for their letter and reiterate your claim. Do not get into a war of words. You do not want to disclose any of your legal arguments etc until you have to.
So DONT WORRY STICK TO YOUR GUNS and remember that this is all a game, where YOU know the result.....a win for you.
im the same and have recieved the same lettter today,.. casn i ask the firm of solicitors dealing with it are they wragge & co from birmingham.. couriouisty getting to me here.. i am now sitting and perparing my court bundle. in ready for court.. dont want to be cought out at the last minute
I have also had a letter from Wragge & Co - with acknowledgement of service saying they intend to defend - this buys them another 14 days (28 instead of 14), so not too worried just yet!
Yep just sit tight and wait for a copy of their defence from the court ( if they send one)
Now they have acknowledged they have 33 days from the date your claim was issued to file a defence or pay up. otherwise you can go for judgement
Mine is 'hopefully' drawing to a close, but its the same tactic Marbles, Nationwide and Capital One have used.
Reading around all the threads it appears that A&L have a step by step 'tactic book'
That they stick to.
I think if you read other threads updated today most of them say similar things to yours.
Just hang in there- I know the waiting is a nightmare - I have no finger nails left
Woah!! Im starting to panic now, they filed an Acknowledgement on the 5th April and I haven't heard a thing, I suppost they could defent in the last hour but time is really ticking now as the clock stops on the 2nd I think. i really really hope they forget to file the defence and I can order Judgement!!!!!!!
I have also just received a defense from A&L and an allocation questionnaire. Kandinsky873 said in an earlier thread that there is help to fill this out in the templates library, but I can't find it..... can anyone help please?
Hi my claim was deemed served on Monday 23rd and I have received a letter dated 24th with a cheque for £680 (I am claiming £2,000) so will not be accpting but will tear in half and send back to them. I can apply for judgement on 8th May if they do not put in a defence. Maybe solicitors will become involved once I return cheque?
A&l Put In Defence
rules part 3.4 and/or that summery judgement ought to be granted against the claimant pursuant to the civil procedure rules part 24.2 as the claimant has no real prospects of succeeding on the claim or issue and there is no other compelling reason why the case or issue ought to be disposed of at trial.
Reply With Quote
Re: A&l Put In Defence
