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Last Will and Testament Kit


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BAILIFFS - The Law and Your Rights

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Thread: Rich vs A+L

  1. #1
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    Default Rich vs A+L

    Hello!

    Just starting the process today, got the SARicon template ready and filled in, then read about previous address details and sending proof of that with this. What do I send? <<possibly a silly question.

    I may have a statement from them from time at the old address, I assume that would be proof enough? Failing that?

    Also assume I need to note this in the letter?

    Any help would be greatly appreciated!

    Thanks

    Rich

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  2. #2
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    Default Re: Rich vs A+L

    Sounds complicated, richard_b!

    Why do you think they'll need proof of prior addresses? If they have your current address won't that do?


  3. #3
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    Default Re: Rich vs A+L

    Ah, think I've read the step-by-step guide slightly wrong!

    It says include new details if you have changed from what is held on the account, I read it as while you've had the account for some unknown reason.

    Oh well, I'll get it sent off today then at last.

    Is it recommended to send Recorded or Special Delivery? I thought Recorded was good enough, but posted something else yesterday and was told Recorded doesn't guarantee delivery, just that it will be signed for if it gets there! But Special Del was £4 for a letter!


  4. #4
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    Default Re: Rich vs A+L

    Quote Originally Posted by richard_b View Post
    Ah, think I've read the step-by-step guide slightly wrong!

    It says include new details if you have changed from what is held on the account, I read it as while you've had the account for some unknown reason.

    Oh well, I'll get it sent off today then at last.

    Is it recommended to send Recorded or Special Delivery? I thought Recorded was good enough, but posted something else yesterday and was told Recorded doesn't guarantee delivery, just that it will be signed for if it gets there! But Special Del was £4 for a letter!
    Final decision is obviously yours Rich, but I don't see why recorded shouldn't be sufficient.

    I've never had any problems with anything I've sent recorded, and I use it quite regularly.


  5. #5
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    Default Re: Rich vs A+L

    Ok, letter delivered now, only 40 days to go!

    Oh well, at least it's started now.


  6. #6
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    Default Re: Rich vs A+L

    Hello again,

    Ready to send the prelim letter now, totalled all the charges on the Simple-charges-calc.xls, I haven't been charged any overdrafticon interest though, so do I remove the "Days since offence" and "Interest 8% apr" columns?

    Also, I have been informed by A+L of charges to be applied on 28 July, can I claim for those if I send the letter before they are applied? i.e. today or tomorrow?

    Thanks in advance!

    Rich


  7. #7
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    Default Re: Rich vs A+L

    You can use the spread sheet with the 8% column - but hide these when you send the schedules in the letters to A&L - you do not mention the S69 8% untill you commence court action. You can change the amount in the claim if there are further charges - right up to the time of filing as long as you point out what you have done.Can't Find What You're Looking For? Here's A Complete A-z Index

    Jan

    Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
    [IMG]http://www.consumeractiongroup.c o.uk/forum/images/icons/icon1.gif
    offer from A&L 24/8/07 - after case stayed

    "What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery


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  8. #8
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    Default Re: Rich vs A+L

    Been a while since I started this - got massively waylaid!

    However, now ready to send my N1 form in, just a couple of queries:

    On the first page, do I fill in the defendant's name and address twice or is that for court use? The same goes for the Amount claimed, Court fee and Solicitor's costs boxes - I'm assuming these are for court use but am not sure.

    Secondly, the Particulars of Claim template I got from the templates libraryicon has a Date and Signed section at the bottom, the N1 form also has these, am I to assume I use the ones on the form?

    Sorry for the seemingly obvious questions but this needs to right!

    Thanks in advance,

    Richard


  9. #9
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    Default Re: Rich vs A+L

    No you just fill in the once. The box at the bottom is for the court to do.

    As for the rest..

    Claiment
    Richard + address

    Defendant
    A&L
    Address

    Brief details of claim
    Money claim for return of penalty charges applied to the claiments bank account by the defendant.

    Value

    Charges.......£xxxxxx
    interesticon under s69 county courts act 1984......£xxxxx
    Total.....£xxxxx
    S.A.R - (Subject access requesticon) Fee.....£10

    In the boxes....
    Amount Claimed.....full amount
    Court Fee ....... (court will tell you)
    Solicitor Fee...leave blank

    Human rights.....NO
    POCicon....Attatched

    The bottom of the form.....print and sign.
    DONE..!
    Anything your not sure of, the court will help you.

    Dont forget if you have had any new charges since you started this claim, add them on before you file.

    Also i have just noticed it has been 12 months since you sent the last lbaicon letter. You need to resend the lba before you file as it has been a long time.


  10. #10
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    Default Re: Rich vs A+L

    Thanks for that, will get it sorted today.

    I got waylaid after the Prelim letter last year, I sent the lbaicon in June so should be good to go I think!

    Thanks again for your help.

    RIchard


  11. #11
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    Default Re: Rich vs A+L

    June this year?? If so then yep, good to go.


  12. #12
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    Default Re: Rich vs A+L

    Yeah, this year. Couldn't make it to the court today though-will have to wait til Monday now!


  13. #13
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    Default Re: Rich vs A+L

    Update:

    Received a letter fro Wragge & Co this morning saying A+L are going to defend, does this mean that they are not applying for a stay?

    Is there anything I need to do now?

    How likely do you think it is that they will actually turn up in court?

    Thanks in advance,

    Rich


  14. #14
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    Default Re: Rich vs A+L

    There is no need to do anything now. You need to wait for either the letter to say it has been stayed, or their defence papers.


  15. #15
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    Default Re: Rich vs A+L

    OK, thanks for that.

    Is it not up to A+L to try and get a stay then?

    Rich


  16. #16
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    Default Re: Rich vs A+L

    Hi folks,

    Received the defence through today from Wragge & Co, I'm sure most of you have read what it has to say though so I won't go into too much detail.

    It mentions about Insufficient particluars of claim saying I failed to particularise the claim adequately. I sent a full list of dates, charges, amounts, interesticon and days since charge so I fail to see how this is inadequate. I have read on other threads that I may need to send Wragges a copy of the POCicon, is this the case?

    Are there any template letters available for such an occassion?

    What has anybody next in this situation? Does it mean court is on the agenda?

    Thanks in advance for your help, it is much appreciated.

    Rich



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