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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    hgj101104 Novitiate

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    Default Confused please help

    Hi there first time on here claiming £1800 back from A&L sent all letters and filed claim in online, received a chq for 712.00 yesterday from A&L as a settlement or good will gesture, and a letter from wragg and co saying they wish to defend, they have acknowledged my claim on 04/06 and am really stuck on what to do next, want to proceed with claim but scared, do i need to send a list of the charges to anyone again???, what letter do i send to A&L declining chq, do i send chq with it, what do i need to do with the court claim now??? Please help feel confused, lonely and pressured.

    What normally happens from here????

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  2. #2
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    joe1969 Novitiate

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    Default Re: Confused please help

    Hi hgj,

    You will probably receive a 6 page defence of Wragge & co. soon. If it says you have provided insufficient particulars of claim the send a copy of your charges to Wragges and A&L even though you probably have already done so as they have done this to quite a few fellow claimers on here.

    Personally i ripped the cheque in 2 as i was only offered £273 out of nearly £3000 and sent it back with a letter from the following link.

    http://www.consumeractiongroup.co.uk...ng-offers.html

    No need to feel lonely and confused , just ask any more questions you have on here as we are all in the same situation.

    Joe


  3. #3
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    bsia666 Novitiate

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    Default Re: Confused please help

    Well done on getting your claim to this stage .


    You should send a copy your Schedule of Charges to Wragge & Co (rec del).


    The link below should contain the letter you need to send rejecting their offer................

    http://www.consumeractiongroup.co.uk...ng-offers.html


    I sent letter to the A&l declining their offer. the envelope contained their cheque aswell (cut in 5 and laminated back together) I think they only ask you to confirm it has been destroyed. I photocopied the cut up cheque too....................je eez I am goin to the photcopier every day LOL.


    As far as your court claim goes, I am not sure about your next step.Try here..............

    http://www.consumeractiongroup.co.uk....html?garpg=12


    It may be making up a court bundle, I am just getting through the court bundle stage, MimiJane helped me enormously re this (she has a thread on here). File everthing that you need carefully, I hadnt, but I am now on top of this.

    As for feeling "confused , lonely and pressured"............... ................join the club I am in that one with you I think its fairly nomal if you are trying out this process for the first time. Someone on hear will help you.

    Hope this helps William


  4. #4
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    thesergeant Novitiate thesergeant's Avatar

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    Default Re: Confused please help

    One option I have been considering is to await allocation of a Court and then make a submission to the judge with a draft order for the defence to be struck out. This is on the basis that All&Pester have never defended any claim and their intention is to settle prior to any court hearing ie an abuse of process, you can use a print of all the CAGicon successes to prove your case. Look up the recent Nottingham cases where a judge has done exactly that.

    As I do not use MCOL I do not know how long it takes to get allocated an actual court ?

    There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.
    Read through the FAQ Section.... Use these links :grin:

    Like what I say show - add to my reputation (click the scales!)
    My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.
    Halicrap - Full settlement 12/06 £408.34
    Crapitol 1 - Settled in Full 27/04/07 £1580
    8-)
    All & Pester - Claim served £5695 4/09, Stayed
    Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09
    Lloybles - No CCA, CPR disclosure notices served.

  5. #5
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    MimiJane Novitiate MimiJane's Avatar

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    Default Re: Confused please help

    It was six weeks from filling in the MCOL form to getting notification of proceedings transfer to local court for me, but would say it's dependent on busy they are at Northampton (pretty damn busy I'd think).


  6. #6
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    hgj101104 Novitiate

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    Default Re: Confused please help

    Thankyou to all who have replied, has anyone had a chq for full amount after sending this chq back, if so how long after? i have had a look into this bundle and cannot for the life of me understand it, could mimijane possibly help i would appreciate very much, can email me if preffered, do i put my email address on this thread??? will send schedule out to relavant people today, received letter from wragg and co today stating that they have 28 days for defence, is there anyone who has had there money in a similar process to whats happened with mine that can shed a light on what might happen next?? Thankyou all xx

    Mimi has your case finished now or is it ongoing?


  7. #7
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    Default Re: Confused please help

    Quote Originally Posted by hgj101104 View Post
    Thankyou to all who have replied, has anyone had a chq for full amount after sending this chq back, if so how long after? i have had a look into this bundle and cannot for the life of me understand it, could mimijane possibly help i would appreciate very much, can email me if preffered, do i put my email address on this thread??? will send schedule out to relavant people today, received letter from wragg and co today stating that they have 28 days for defence, is there anyone who has had there money in a similar process to whats happened with mine that can shed a light on what might happen next?? Thankyou all xx

    Mimi has your case finished now or is it ongoing?
    A&L do not on the whole pay out now until court proceedings are in progress ... some people have won "by default" when A&L haven't submitted their defence on time. They do tend to pay out for smaller amounts (under £700 or so from what I've seen). Have a look at the success stories thread to gain a better idea.

    Just submitted court bundle and waiting to see if A&L/Wragge fulfil their part of the bargain and comply with the judges directions by submitting theirs by Friday. If they don't, will ask the judge to strike the case out. No idea what the judge will do, as I understand they can give the defendant some leeway if they wish.

    Keep an eye on my thread, which I'll keep updated.

    I don't think you're near to the court bundle stage yet, but I'd advise you to keep any correspondence relating to your case together and in date order, also your schedule and statements with charges highlighted. The court bundle will be the back-up to anything the judge asks you for, e.g. Statement of Evidence/Witness Statement, etc., so you'll have to wait for his directions, which will arrive with a court date in due course (if it gets that far). Don't worry about it, it will all become clear and you'll get plenty of help.

    When you get to this stage, send me a private message (see link at the top of the page) with your email address and I'll send you everything I've got that might be useful.

    Mimi x


  8. #8
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    Default Re: Confused please help

    Thanks for all this mimi, hope it does get clearer as i dont have a clue at the moment, how long roughly before i need to get this court bundle together once ive rejected chq and sent schedules to court and wragg, the claim was issued 23rd May. x


  9. #9
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    Default Re: Confused please help

    Quote Originally Posted by hgj101104 View Post
    Thanks for all this mimi, hope it does get clearer as i dont have a clue at the moment, how long roughly before i need to get this court bundle together once ive rejected chq and sent schedules to court and wragg, the claim was issued 23rd May. x
    It's impossible to say really as it depends on how busy your local court is as to when they issue the directions. In my case, it was about 3 weeks after receiving the actual defence papers that I got the order from the judge, and then 2 weeks to prepare the bundle. I didn't have a clue either, but had a lot of help from the site, as you will

    There's honestly no need to panic and you have my index now, which will guide you. You may not even need to submit the bundle in the end ... you never know.

    Just report back with each stage and let me know if you need any help finding reports nearer the time.

    Mimi x


  10. #10
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    linzi1uk Novitiate

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    Talking Re: Confused please help

    I received a part payment from a&l and wrote saying I accepted it only as a partial payment, yesterday i got a letter from wragge and co saying that was a Full and finalicon payment and i should cancell the court proceedings, when i looked back at the letter which I recieved with the cheque it did say it would be full and final payment if i accepted it.
    So I am a bit stuck on what to do now. I recieved 900 out of 2500
    any advice for me or have I blown it.


  11. #11
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    Default Re: Confused please help

    Linzi,

    I take it you wrote to them stating you accepted it as partial payment only.

    Return it stating it was not accepted on their terms, you gave them your terms of acceptance which they have declined.

    This should really be on your own thread, if you haven't got one start one and you can post for all the advice and support you need.

    Good luck ...............

    There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.
    Read through the FAQ Section.... Use these links :grin:

    Like what I say show - add to my reputation (click the scales!)
    My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.
    Halicrap - Full settlement 12/06 £408.34
    Crapitol 1 - Settled in Full 27/04/07 £1580
    8-)
    All & Pester - Claim served £5695 4/09, Stayed
    Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09
    Lloybles - No CCA, CPR disclosure notices served.


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