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

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  1. #1
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    wilsikon Novitiate

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    Default A&L Defence from Wragge Help Please?!

    Hi, I am in the process of claiming back over £5000 from A&L from an account they have already shut down. The account was originally in my name and 3 or 4 years later I added my husbands name to it. When I sent my Prelim, LBAs etc to A&L they were always signed from Mrs & Mr - BUT from some inexplicable reason I have done the MCOL in my name and on the defence rec today it says
    'The bank account is a joint account between the Defendant and Mr (husband). Without the joinder of Mr Townend the Defendant remains liable to a second claim by him in relation to the same subject matter of these proceedeings. Accordingly the claim should be struck out'
    I can only assume they mean the Claimant and Mr! In any case does this mean I have arsed it up?

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  2. #2
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    Default Re: A&L Defence from Wragge Help Please?!

    One other thing is this claim includes two charges that are older than 6 yearsicon and they are quoting the Limitation Act - will these two charges just get knocked off?


  3. #3
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    Default Re: A&L Defence from Wragge Help Please?!

    Hi, I too have a joint a/c, and have done exactly the same as you. All LBAs were in both names but MCOL was just in mine - my husband is away a lot and it seemed easier for me to get to court if need be. I have received a letter from Wragge to say they are defending, but not the big defence pack yet, looks like I've done it wrong as well then, although reading other posts a lot of people have only put the MCOL in one name??


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    Default Re: A&L Defence from Wragge Help Please?!

    Hi, Our acc was in joint names and i did all the letters in mr & mrs but MCOL in my name only, I've not had any issues and when i reclaimed Barclaysicon they only queried it when they sent my chq...they had to put both names on.
    Jenny


  5. #5
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    Default Re: A&L Defence from Wragge Help Please?!

    Quote Originally Posted by wilsikon View Post
    Hi, I am in the process of claiming back over £5000 from A&L from an account they have already shut down. The account was originally in my name and 3 or 4 years later I added my husbands name to it. When I sent my Prelim, LBAs etc to A&L they were always signed from Mrs & Mr - BUT from some inexplicable reason I have done the MCOL in my name and on the defence rec today it says
    'The bank account is a joint account between the Defendant and Mr (husband). Without the joinder of Mr Townend the Defendant remains liable to a second claim by him in relation to the same subject matter of these proceedeings. Accordingly the claim should be struck out'
    I can only assume they mean the Claimant and Mr! In any case does this mean I have arsed it up?
    Only my opinion, but I think it's just another 'try-on' by the solicitors. [They'll try anything to scare you into dropping the case.]

    Any fair-minded judge would give you the opportunity to say that there is only one claim, a joint one, and your husband has no intention of making a seperate claim as the earlier letters were all in both names.

    As far as I'm aware, most people doing joint claims up to now have done the MCOL in just the one name and not had any trouble.


  6. #6
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    Default Re: A&L Defence from Wragge Help Please?!

    Hi, I too have has a letter from Wragge & Co, addressed to both me and Hubby as per the original claim to A&L, however Wragge do not appear to have spotted the fact that its only me mentioned as Claimant through MCOL. They are quoting the Birmingham case at great length in our letter!!


  7. #7
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    Default Re: A&L Defence from Wragge Help Please?!

    Hi All
    From what I've read, MCOL doesn't actually give you the opportunity to put two names in (not that I'm talking from experience because I haven't got that far yet). So I would have thought that any fair minded judge, faced with that information would laugh in the defences face

    HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed
    HFC Bank Take 2 - Statements received
    A & L - Prelim sent/LBA sent
    Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent
    A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected
    Abbey (for my Sister) - ***Won***
    Barclays PPI claim
    Studio - ***Won***
    HSBC - (for my brother-in-law) ***Won*** 8-)

  8. #8
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    Default Re: A&L Defence from Wragge Help Please?!

    Thank you all for your help - I feel happier now - onwards and upwards


  9. #9
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    Default Re: A&L Defence from Wragge Help Please?!

    Quote Originally Posted by Kazzer View Post
    Hi, I too have has a letter from Wragge & Co, addressed to both me and Hubby as per the original claim to A&L, however Wragge do not appear to have spotted the fact that its only me mentioned as Claimant through MCOL. They are quoting the Birmingham case at great length in our letter!!
    hiya there is a bit in bank charges in print about alliance & leicester apologising for Wragges sending letters quoting birmingham case



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