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.
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Hi guys, i hav today recieved A&L's defence from their solicitors! It all seems like the usual stuff they've been saying all along except there is a section called Insufficient Particulars Of Claim. In this they request me to particularise each and every charge: date, reason etc. Have they said this to everyone or is it because i havent sent them a schedule of charges yet? And if so is it too late to send them and the court a copy?
Maybe i should just sit tight and wait for them to send the aq?
Hi guys, i hav today recieved A&L's defence from their solicitors! It all seems like the usual stuff they've been saying all along except there is a section called Insufficient Particulars Of Claim. In this they request me to particularise each and every charge: date, reason etc. Have they said this to everyone or is it because i havent sent them a schedule of charges yet? And if so is it too late to send them and the court a copy?
Maybe i should just sit tight and wait for them to send the aq?
Regards and thanks for all the good work
Skudz
This seems to be in everyone's Defence and was certainly in mine. Just send them your detailed schedule with a brief note saying you've already sent this to the bank (if you haven't, send them one ASAP) but are forwarding them a copy for their information and to let you know if they need anything else, blah blah blah.
I rang the court and told them I was emailing them a copy to attach to my particulars.
OK brill thx Mimi, i shall post the solicitors a copy today and let the court know im sending them a copy to attach to my claim. Ill keep you informed as lots of people seem to be at this scary stage. BTW im claiming £2756 + costs.
OK brill thx Mimi, i shall post the solicitors a copy today and let the court know im sending them a copy to attach to my claim. Ill keep you informed as lots of people seem to be at this scary stage. BTW im claiming £2756 + costs.
Regards Skudz
Well done Waiting for a court date now having received the Defence a few days ago. Yep ... it is scary, but we must try not to be intimated by them, it's just what they want. I'm claiming on behalf of my sister ... just over £3k. Yes, we'll all keep each other informed as we go along and hope the money comes rolling in soon.
my defence says something slightly different in the POC bit:
9. It is denied that the def has applied charges to the claimsants account with the defendant as claimed and the clainant is put to strict rpoof of the amount claimed and that such amount has been unlawfully debited from the claimants account
In response to your defence I enclose a schedule that particularises each and every penalty the Defendant has unlawfully applied to my account. I hope this will be sufficient proof for the Defendant to settle the claim quickly for no less than £2876, for as I am sure the Defendant knows if the claim goes to court they will incur more costs when they lose.
Mine also says this as clause 9 ... think it's pretty standard. Sending your schedule to them to cover this clause, plus 10 and 11 should suffice.
hi mimijane
my schedule of charges went with the summons, copy for me, copy for court and copy for bank (assume they forward this to the solicitors) do you think I should send a copy to solicitors or will they have it? My daughter and my friend both work for companies that use a firm of solicitors locally all they seem to do is send out seven day letters to a standard format and if there is no response they summons debtors wonder if Wragges are like that just doing mainly these types of things cos the defences are just so similar.
my schedule of charges went with the summons, copy for me, copy for court and copy for bank (assume they forward this to the solicitors) do you think I should send a copy to solicitors or will they have it? My daughter and my friend both work for companies that use a firm of solicitors locally all they seem to do is send out seven day letters to a standard format and if there is no response they summons debtors wonder if Wragges are like that just doing mainly these types of things cos the defences are just so similar.
To cover your back, I'd send them a copy ... no harm in doing this and should keep them quiet for now. I mentioned in my brief covering letter that I'd already sent a copy to the bank and the court. I think we all know that the solicitors have a copy and this is just them using delay tactics, but I guess it's better to comply with their wishes for now and be seen to be helpful .. the courts would obviously look favourably on this
Still waiting for aq...we have any idea how long it takes from when the bank files their defence to receiving your AQ? Had a good read through the threads on how to fill it in and feel pretty confident about the next stage and what i'll need to supply should the judge accept the directions i request. Just shows what a great job the mods and experts are doing, and i shall show my gratitude when the barstuards pay up!!!
Thats corect no aq to fill in, the reason for this is courts/judges are getting sick of banks wasting court time and energy.
I would phone your court just to confirm but I think you still have to pay the AQ fee.
V helpful thx...so should i just wait until my local court get intouch or should i go and pay my £100 pounds, send a nudge letter to solicitors and a draft order to local court now?
V helpful thx...so should i just wait until my local court get intouch or should i go and pay my £100 pounds, send a nudge letter to solicitors and a draft order to local court now?
regards
I'm at the stage as you ... just contacted local court, who still want aq money (even though I don't have to fill one in, yet anyway). Taking that in today, then will send a nudge letter and prepare draft order. All go isn't it
I haven't got a hearing date yet, so will save draft order submission 'til I have one.
Hey guys
thx mimi glad to know theres someone at the same stage as me. My case was transfered on 9th May and im still waiting to hear from district judge to confirm whether or not i need to fill in aq!! Cant pay my £100 until iv heard anyway...god this waiting game is killing me! Think im guna start sending nudge letters now... cant just sit and do nothing!!
Help with A&L defence please
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Originally Posted by Skudz
I'm claiming on behalf of my sister ... just over £3k. Yes, we'll all keep each other informed as we go along and hope the money comes rolling in soon.
Re: Help with A&L defence please
