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)


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Thread: Salsa81 vs A&L

  1. #1
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    salsa81 Novitiate

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    Default Salsa81 vs A&L

    Right,

    Received a letter over the weekend from the solicitors (Wragge & co).

    It basically says in posh wording that I haven't got a case at all. It also says that I need to proove the charges.

    What do I need to do know. Also had a look on the moneyclaim website and it says that I cannot proceed any further online. Getting really worried now and scared.

    Any advice would be helpful.

    Thankyou
    Salsa81


  2. #2
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    Default Re: Salsa81 vs A&L

    have a look at my thread and follo the link given by jenny, dont panic this is how you proceed im sure.


  3. #3
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    Default Re: Salsa81 vs A&L

    Hi, This is a standard letter, try not to worry. Its up to them to try and prove their claim, here's the letter i sent if it helps....feel free to edit it if you need to...
    Jenny.

    I respond to your letter dated 12th April. I would like to raise some points.
    1, It is for the court to decide on the merits of each case put before them, so stating that this is bound to fail is inappropriate.
    2, With regards to the Limitations act,

    32.--
    • (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
      • (a) the action is based upon the fraud of the defendant; or
      • (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
      • (c) the action is for relief from the consequences of a mistake;
    the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it....

    An example case is,
    Sheldon v. R.H.M. Outhwaite (U/W Agencies) Ltd.

    and

    Cave v. Robinson Jarvis & Rolf [2002] UKHL 18 (25th April, 2002)


    3, Your client has had many months to settle this case without having to reach this stage, I will accept an offer of full settlement which stands at,
    XXXXX


  4. #4
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    salsa81 Novitiate

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    Default Re: Salsa81 vs A&L

    Thanks a lot, will use this and send it back to Wragge & Co.

    It's quite scary when you start getting letters like that


  5. #5
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    Default Re: Salsa81 vs A&L

    I agree, but when alot of us are getting this "scare tactic letter" Just imagine how many give in?? It gives me the strength to fight them...
    Jenny


  6. #6
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    dizzykate Novitiate

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    Default Re: Salsa81 vs A&L

    I have nearly crumbled a couple of times but then read all positive stuff on here and think no I am having it back. Getting another £25 at the end of this month for their "system" letting me go 2.36 over my measly £100 o/d limit (they would never extend it wonder why) but thats another story maybe a future claim after this I am going to go for the pre 6 year charges.

    kate



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