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.

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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.

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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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    seancarp007 Novitiate

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    Default A & L Claim by Me!

    Hello all,
    I've just received a letter from A & L solicitors stating that they are defending the claim.
    Charges £2032( No interesticon & court fees), Offered £1374,
    I rejected this cheque and sent a letter with a new offer of £1832 Inc Court Fees.
    After the telephone conversation I had this morning just to see if they had received my letter, they said they are going ahead with defending the claim.
    Is anyone else at this stage, because I feel I am now in the court process, what do I do etc etc?


    Similar Threads:

  2. #2
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    bsia666 Novitiate

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    Default Re: A & L Claim by Me!

    Hi from a learner, I am at the same stage as you. You may find this helpful..................

    http://www.consumeractiongroup.co.uk....html?garpg=14

    I think there are at least 7-8 threads on the A&L bank forum at a similar point as yours. You could have a read at them.

    I have started to prepare my court bundle to be sent as and when a judge orders it.

    William


  3. #3
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    thesergeant Novitiate thesergeant's Avatar

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    Default Re: A & L Claim by Me!

    A&L are using every single trick they can to drag things out as long as they possible can. They will make offers, send you cheque's, tell you they will be there to defend etc etc etc. These are all tactics to save them money. People will accept the low offers, get scared and pull out altogether etc etc.

    They are abusing their position, abusing the Court system all to make sure that they can keep hold of at least some of the money they have obtained unlawfully.

    Stick to the process, they will not turn up at Court and you will get full settlement. Document all of their tactics and tricks. After settlement make a wasted costs application and hit them again

    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.

  4. #4
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    seancarp007 Novitiate

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    Default Re: A & L Claim by Me!

    Thanks BSIA66 and Thesergent for your replies, you have made me more resolute in challenging A & L now than ever! They should not be able to intimidate people just for the sake of getting off with a lesser amount to pay (fine). Has anyone else been intimidated in this way?


  5. #5
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    seancarp007 Novitiate

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    Default Re: A & L Claim by Me!

    Hello every one,
    I've just recieved a leter from Wragge & Co Ststing that they enclose a copy of our (A&L) client's Defence by way of service upon you.
    Is this a standard letter?
    It states in Conclusion:
    It is denied that the claimant is entitled to the loss and damage as pleaded. The claimant is not entitled to the relief sought, or any relief.
    It is denied that the Claimant is entitled to interesticon as is alleged or at all.
    Insufficient Particullars of claim:
    It is denied the the defendant has applied charges to the claimants accountas claimed, and the claimant is to put strict proof of the amount claimed, and that such amonthas been unlawfully debited from the claimants account.
    It aslo states that i have failed to particularise the claim against the defendant adequately or at all , ( I have sent a list af all charges with the letters that I sent to A&L ).
    A&L denied that the charges are punitive in nature and/or a penalty.!!

    Am I suppose to fill in a court allocation questionaire otherwise I will have to travel to Northampton county courticon?

    And is this all posturing again by A&L

    What do I do next can anyone help??

    Sean


  6. #6
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    Default Re: A & L Claim by Me!

    Quote Originally Posted by seancarp007 View Post
    Hello every one,
    I've just recieved a leter from Wragge & Co Ststing that they enclose a copy of our (A&L) client's Defence by way of service upon you.
    Is this a standard letter?
    It states in Conclusion:
    It is denied that the claimant is entitled to the loss and damage as pleaded. The claimant is not entitled to the relief sought, or any relief.
    It is denied that the Claimant is entitled to interesticon as is alleged or at all.
    Insufficient Particullars of claim:
    It is denied the the defendant has applied charges to the claimants accountas claimed, and the claimant is to put strict proof of the amount claimed, and that such amonthas been unlawfully debited from the claimants account.
    It aslo states that i have failed to particularise the claim against the defendant adequately or at all , ( I have sent a list af all charges with the letters that I sent to A&L ).
    A&L denied that the charges are punitive in nature and/or a penalty.!!

    Am I suppose to fill in a court allocation questionaire otherwise I will have to travel to Northampton county courticon?

    And is this all posturing again by A&L

    What do I do next can anyone help??

    Sean
    I can't help you much re. the defence as I don't have my papers to hand, but I believe Wragge now have 2 or 3 defences on the go now (it was standard for a long time). Mine did state that I hadn't "particularised" my claim, so I sent them my charges spreadsheet, stating that I'd already sent this to A&L and the court and I hope it now clarified my claim. Yes, they're stalling as much as they can.

    You'll get a "Transfer of Proceedings" from Northampton court soon, referring your case to your local court. You won't have to go to Northampton.

    You will be notified by your local court as to whether or not you have to fill an AQ in due course. It used to be the case, and probably still is, that if your claim exceeds £1500, you still have to pay the £100 fee ... whether or not you have to fill in an AQ. When you hear from your local court, if the AQ's "dispensed with", give them a call. If you do owe them money, you have 14 days to pay it.

    Hopefully someone will be along soon to advise re. Wragge's defence.

    Hope the above helps.

    Mimi


  7. #7
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    Default Re: A & L Claim by Me!

    Hi Seancarp Yes i agree with mimi this is all about dragging their feet and trying to look scarey But dont let it work! Im at around the same stage as you i received a&l's defence on 6th june and from reading yours mine is exactly the same, but as ive already sent two copies to both the court, A&L and to Wragge and co i can not see why i need to send them again.But if you havent then send them a copy again (u may as well).
    I was told by some very helpful people here just to sit back and wait as thats the game at the min! However i would suggest read about the court bundle just to start getting your head around it just in case, theres a link for it on the main page
    Sorry i know this isnt much help but keep reading threads and u will find the answers
    Good luck
    Nicky


  8. #8
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    Default Re: A & L Claim by Me!

    Thank you both for replying to me, I'm glad that I now know someone is at the same stage as me.
    Do Wragge really think that A&L can win or are they just advising thier client incorrectly


  9. #9
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    Default Re: A & L Claim by Me!

    hi sorry tojump on your thread but just to say i too am at the same stage as you had defence from wragges yesterday & it seems to say the same as most 'not particularised claim 'etc etc ..... am sending them a copy of schedule tomorrow & then wait
    hope yours goes ok
    gilly


  10. #10
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    Default Re: A & L Claim by Me!

    Hi

    I am same stage as well.

    I have received cheque as offer - which I am refusing - but trying to fid out if I definitely have to send cheque back as court proceedings commenced.

    Getting a bit nervous as some odd things going on at some courts (mostly in Lloydsicon section). But I Will go on

    jansus


  11. #11
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    seancarp007 Novitiate

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    Default Re: A & L Claim by Me!

    Hello everyone,
    Thanks for all of your replies, I am sending my last letter that contains all of the 'Particulars' of my claim (charges) to Wraggs & A&L again but do I need to send a copy to the court at Northampton?


  12. #12
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    Default Re: A & L Claim by Me!

    Quote Originally Posted by seancarp007 View Post
    Hello everyone,
    Thanks for all of your replies, I am sending my last letter that contains all of the 'Particulars' of my claim (charges) to Wraggs & A&L again but do I need to send a copy to the court at Northampton?
    Up to you ... I didn't bother, but it won't do any harm


  13. #13
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    Red face Re: A & L Claim by Me!

    Quote Originally Posted by seancarp007 View Post
    Hello everyone,
    Thanks for all of your replies, I am sending my last letter that contains all of the 'Particulars' of my claim (charges) to Wraggs & A&L again but do I need to send a copy to the court at Northampton?
    Hi different people interprit 'particulars of claim' in different ways it seems. Some people just take that as the list of charges while others say its the statement that you put on your either mcol form or the one you hand into the court initially.
    So to cover both angles i would send the list of charges to everyone, better for them to have multiple copies than none! And also just look over your actual particulars of claim, just to check its all in order! ok?
    cannot believe ive just wrote all that when ive got a hugh hangover


  14. #14
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    Default Re: A & L Claim by Me!

    I've now phoned up Northampon court to find out where/what/when etc is going on with my claim. The nice woman on the phone told me that my claim has now been transfered to my local county courticon and I should here from them in a few days. Does anyone know how long it roughly takes from them till virdict?

    Many Thanks

    Sean


  15. #15
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    Default Re: A & L Claim by Me!

    mine was trf to local court on 23rd june but still no correspondence since then,

    It will all depend on how many claims your local court has to deal with and their backlog - so it is a waiting game at the moment . Keep your eyes open for news on the big bulk hearing at mercantile court this Fri and Hull on 4th July

    Jansus

    Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
    [IMG]http://www.consumeractiongroup.c o.uk/forum/images/icons/icon1.gif
    offer from A&L 24/8/07 - after case stayed

    "What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery


    PROUD TO BE AN ORANGE

  16. #16
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    seancarp007 Novitiate

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    Default Re: A & L Claim by Me!

    Hi, I've just recieved Allocation Questionaire and will fill it out tonight and post it to my local county courticon 2morrow, but before I do, do I need to enclose any other information with my questionaire?


  17. #17
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    Default Re: A & L Claim by Me!

    New strategy for Allocation Questionnaires(

    this might help - i found it in the general section

    jansus

    Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
    [IMG]http://www.consumeractiongroup.c o.uk/forum/images/icons/icon1.gif
    offer from A&L 24/8/07 - after case stayed

    "What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery


    PROUD TO BE AN ORANGE

  18. #18
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    Default Re: A & L Claim by Me!

    So what do I put in section G on the Allocation Questionaire?
    Can any one help?

    Sean


  19. #19
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    Default Re: A & L Claim by Me!

    Hi, this is what I put in section G (box)

    Please find the following attached to this allocation questionnaireicon;

    1) Section G - other information
    2) Draft order for directions

    This allocation questionnaire and its attachments were sent to the defendant on *******

    Hope this helps you.
    Squarebob


  20. #20
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    Default Re: A & L Claim by Me!

    Sorry but I dont understand,

    Call me stupid as I'm new to this. I will need it spelled out for me
    point 1 .....
    point 2.....
    point 3.....
    etc, etc, etc

    thanks again

    Sean



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