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.
Hey All,
Can someone please give me some advice,
This is my husbands claim. We have done everything by the book and A & L are defending.
We had the letter from Wragg & Co ( seems like evryone's getting these ). Then on 9th May we got the papers from our local court to say it had been transferred, The bit were it says the allocation questionaire should be returned to the court has been crossed out with a line throught it so i assume we dont have to do one.
Am just getting a bit worried now because we have done nothing, do we just sit tight and wait for there next move ?
We sent Wragge a letter enclosing the schedule of charges since they said they'd not received one, also telling them we would not settle for any less than the full amount of the claim £978.75 !!
Am really not sure what to do next, anyone else at this stage ?
Thanks in andvance, any help would be soo appreciated !
In many cases now the aq is being dispensed with (if not all). I had this recently and rang the court to see if I still owed the fee of £100 ... I did and had to pay it; however, if your claim is below £1500, I believe you do not have to pay. All the same, I'd give the court a call out of courtesy and to make contact, just to make sure of this in your case.
You'll soon (within the next few weeks) get an Order from your local court giving you a hearing date and asking you to produce certain papers by a certain date (as the bank will also) ... usually 14 or 21 days. You'll probably be asked for a Statement of Evidence or Witness Statement, together with copies of all correspondence and supporting papers (the court bundle). There are templates and guidance for all these on this site. It varies from court to court as to what you'll be asked for.
I'd start to get all your correspondence in date order and your statements with charges on, which will also be needed. Make sure all your charges are highlighted/marked.
I'm just getting my bundle ready now which has to be in for next week. It's unlikely it'll get to court and, even if it does, even more unlikely the bank will turn up
Good luck and keep us informed ... there are plenty of us ahead of you!
Its all a bit daunting isnt it. I am just gonna start going through all the templates on here for the court. Its been 22 days today and we havnt heard a peep.
I'll get hubby to ring court in the morning.
Good luck with yours, lets hope we all have our money intime for the summer hey !
Ok we now have a date for court, 19th July. The letter from the court states
District Judge has considered the statements of case and allocation questionaires file and allocated the claim to the small claims track.
1. Claimant do within 21 days of the date of this order, serve a schedule setting out the amount of the individual charges, the dates they were applied to the account and the reasons given for such charges.
Then it just goes onto say the date and time, it will take no longer than 10 minutes and the fact that there will be a number of similar cases at the same time.
The day before this arrived we received a letter from wragg saying their client would not offer us any more than the amount they had already.
Should we just send the court the same schedule we have been sending the bank and Wragge ?
Any ideas as to what we need to take with us on the day? I can't believe this has actually got this far you know. I claimed mine back from Nationwide last year and they paid out as soon as i did the MCOL.
Any help is greatly appreciated guys x
Not sure if you need it though, as the judge doesn't appear to be asking for any legal documents, settled cases, etc. (i.e. court bundle). Is this the case?
Yes, submit the same charges schedule, with interest, that you've submitted to everyone else.
Thanks Mimi.
I found it, think i just had a momentry brain shut down !
Yes thats all the judge is asking for, which i thought was a bit strange considering everyone else is asking for a lot more.
Do you think it will be dealt with on this day ?
Did you have your court date today ? How did it go ? Hope you got a good result hun
Thanks Mimi.
I found it, think i just had a momentry brain shut down !
Yes thats all the judge is asking for, which i thought was a bit strange considering everyone else is asking for a lot more.
Do you think it will be dealt with on this day ?
Did you have your court date today ? How did it go ? Hope you got a good result hun
I doubt it will go to court, but we have to be prepared Did the judge's directions ask Wragge to send in papers to "justify" their charges?
Today was the last day for Wragge to submit their papers to the court and my sister (court date set for 1st August). Can't get hold of her to find out at the moment, but will know by the morning no doubt. They may have sent them to the court already, or not to anyone, who knows. If my sister hasn't got the documents today, I've prepared a letter for the judge asking him to rule in her favour. No idea what will happen as he may give them some leeway if he hasn't got them ... let's hope he/she is sympathetic
I'm not sure you know. It doesnt say anything on ours about what they want from Wragge.
It says in the notes at the bottom IF YOU DO NOT ATTEND AND DO NOT GIVE NOTICE THAT YOU WILL NOT ATTEND THE DISTRICT JUDGE MAY STRIKE OUT YOUR CLAIM,DEFENCE OR COUNTERCLAIM. IF THE CLAIMANT ATTENDS BUT THE DEFENDENT DOES NOT THE DISTRICT JUDGE MAY MAKE A DECISION BASED ON THE EVIDENCE OF THE CLAIMANT ONLY.
Based on this do you think we should prepare the court bundle to take with us even though theyve not asked for it ?
Im praying they dont turn up now
I'm not sure you know. It doesnt say anything on ours about what they want from Wragge.
It says in the notes at the bottom IF YOU DO NOT ATTEND AND DO NOT GIVE NOTICE THAT YOU WILL NOT ATTEND THE DISTRICT JUDGE MAY STRIKE OUT YOUR CLAIM,DEFENCE OR COUNTERCLAIM. IF THE CLAIMANT ATTENDS BUT THE DEFENDENT DOES NOT THE DISTRICT JUDGE MAY MAKE A DECISION BASED ON THE EVIDENCE OF THE CLAIMANT ONLY.
Based on this do you think we should prepare the court bundle to take with us even though theyve not asked for it ?
Im praying they dont turn up now
Difficult for me to advise here as I've not come across this one before ... in every case I've read about, the defendant has been asked to produce something as well. It looks to me as if the judge has probably got a good idea of how he's going to play it, there's a "block booking" and you've only been allocated 10 minutes (one hour for my sister!) ... hopefully he's on the claimant's side.
As you've only been asked to produce your schedule (I'd also include your statemens with charges highlighted as back-up), I'm not sure if you should include anything else, so I wouldn't delve too much into the court bundle at this stage.
Hi hun,
sorry to sound so dumb but how do i pm a mod ?
Thanks
LOL Sorry, this will mean nothing if you're not familiar with the term The Moderators take care of the smooth running of the forum and are there to assist if we can't get help from anyone else (i.e. we're desperate!). Sorry if you know this already.The Private Message tab is at the top to send a "PM" to ask a specific/unusual question or if we don't want our questions broadcast on the forum.
Their in-boxes do tend to be rather full unsurprisingly, but if you try GaryH (who is very helpful), he's put this note under his signature :-
Sorry, I am unable to answer any PM's at present. Please seek help on your thread or elsewhere. If extreamely urgent or relating to a imminent court date PM me with a link, including as many details as possible in the title.
I'm sure he'll help you out if he can. Alternatively, one of the mods. might spot this and help out.
Hi Mimi, thanks for that.
I tried gary on saturday but he hasnt replied. He must be busy.
I dont know what to do for the best
Ive been reading a few others on here and they all seem to say the same as yours,i havnt came across anyones like ours.
It looks like the judges might be getting fed up with the banks, the fact that the has only allocated us 10 mins !
Hi Mimi, thanks for that.
I tried gary on saturday but he hasnt replied. He must be busy.
I dont know what to do for the best
Ive been reading a few others on here and they all seem to say the same as yours,i havnt came across anyones like ours.
It looks like the judges might be getting fed up with the banks, the fact that the has only allocated us 10 mins !
Just a thought, but you could always try ringing your local court to ask if you need to submit anything other than your charges list, like your statements and perhaps some legal documents as back up While you're talking to them, you could mention the fact that it appears the defendant has not been asked to submit anything and ask if this is usual.
We did ring the court but they werent very helpful We basically answered our own questions. Everything we asked we got the same reply " whatever the judge has asked for " which was very frustrating
I know they are most probably fed up with them all now but it doesnt help us !
I'm getting to that stage were im thinking is it worth it, but then i think its OUR money so we will fight for it. I dont know what id do if it wasnt for this site, everyone is so helpful especially you xx
We did ring the court but they werent very helpful We basically answered our own questions. Everything we asked we got the same reply " whatever the judge has asked for " which was very frustrating
I know they are most probably fed up with them all now but it doesnt help us !
I'm getting to that stage were im thinking is it worth it, but then i think its OUR money so we will fight for it. I dont know what id do if it wasnt for this site, everyone is so helpful especially you xx
You can't really do any more then. I'd just submit your charges schedule with your statements to back it up and leave it at that. I doubt it will get as far as court but, if if did, you could always take along your correspondence and any legal reports that might help (like the OFT report). If you've only been given 10 minutes though, you won't be expected to say much
Hopefully you'll hear back from Gary or one of the other mods. at some stage to give you their views.
In the meantime, don't worry about it ... as above, it's doubtful you'll actually have to attend court and, even if you do, you won't be alone and you certainly won't be in there for long.
Hey all,
Just had a thought... On our papers it never said if Wragge had to submit anything, but we had to submit our schedule of charges within 21 days. Which obviously we did, im now just wondering if wragge were asked to submit anything and they never can we request judgment by default ??
Hey all,
Just had a thought... On our papers it never said if Wragge had to submit anything, but we had to submit our schedule of charges within 21 days. Which obviously we did, im now just wondering if wragge were asked to submit anything and they never can we request judgment by default ??
Hi there,
It would have stated on your directions from the judge if they'd been asked to submit anything, as it was on mine. You can apply for judgement by default if they don't get their papers in on time ... I'll know at the end of the week if that's the case with me
Just rang the court and spoke to the most unhelpful lady i have ever had the misfortune of dealing with.
She didnt seem to have a clue, i asked her if wragge had been asked to submit anything and if so had they done it in time, her reply was " im not sure ". Wich was the same reply i got to every question i asked her .
I felt like it was just going round in circles with me answering all of my own questions.
Oh i don't know what to do now
Our hearing is on 19th which is only 3 wks away. Havn't heard a thing from Wragge, looks like we'll be going to court guys :cry:
Transfer of proceedings ?
so i assume we dont have to do one.
Reply With Quote
Re: Transfer of proceedings ?
Re: Transfer of proceedings ?
Originally Posted by stikiuk
), he's put this note under his 
While you're talking to them, you could mention the fact that it appears the defendant has not been asked to submit anything and ask if this is usual.
We basically answered our own questions. Everything we asked we got the same reply " whatever the judge has asked for " which was very frustrating 
