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.
Jen V A&L
A&L = 1054.54 offered £175 - I declined (awaiting court date)
(A&L credit card) MBNA = Approx. £500 + %
A&L joint a/c almost forgotten as I closed it!! = Need S.A.R - (Subject access request)'s
Hi
I have been up until now using the money saving expert but kept being referred to this site Which May I say is EXCELLENT, I have found lots of helpful advice & info.
:? :?
But I am having some problems. Does anyone no how to actually use the template letter's??? downloading seemed much easier on the other site. probably just me though. I am getting a little nervous as Court is nearing and I am trying to get all of my stuff in order, thanks to a few ppl on this site I have now managed to retrieve a court bundle for this claim, but I am proceeding to the 1st and 2nd stage of my other claims and wanted to use these templates as they seem to be recently updated and of better wording.
A&L have until tomorrow to defend8) so fingers & toes crossed, that it slips threw unnoticed. Its been a long wait & a lotta hard work so hopefully it pays off.
I have also recieved an offer of £212 from MBNA which I am thinking of accepting as the total charges where £420 originally. This seems to be a pretty fair 1st offer.
Good luck to all in their quest.
9th August 07
DECREE FOR ASSESSMENT IN small claim ACTION - - -
I won on the grounds of no notice of dispute and/or counterclaim having been received from the respondent an amount to be assessed by the district judge
22 August 07
got court date for Oct 07
31st August 07
Got a letter from the courts stating that the district judge has directed all bank cases be stayed.
10th Sept 07
Another letter from the court this time;
Please take notice that an applicationhas been received from A&L to set aside the decree made on 9th August 07
If you wish to reply to this application, you must do so within 14 days
You should attend Court if you are the party making the application or if you object to it. Should the district judge set aside the Decree you need to be prepared for the hearing.
I sent a letter to the Courts objecting to this application but i am concerned they never received it??
and as a result of this
The Default Decree has been set aside by the district judge. I did not attend the hearing as my grandfather was taken into hospital, and I had to accompany him.
I will copy and paste the letter I am going to send to their solicitor.
I would appreciate feedback on weather or not this is acceptable.?? pls read letter 1st
Can I apply for the judge to reinstate the Decree on the grounds of A&L solicitor giving her false information???
With reference to your most recent correspondence dated yesterday I would like to advise you that I did try to use the address that I was in correspondence with in England (Bootle, Merseyside) but as this was not within My jurisdiction, and on seeking advice from Maria Boyle thee Listing Officer for small claims. We decided that by trying to use the Narborough, Leicester address that it would only further delay this case. As I am a Northern Ireland resident I can only serve papers to a Northern Ireland address under Court rules, the address you request that I use is in England.
Your clients had ample time to respond and they failed to do so, they are now making pitiful excuses with regard to the address of which the papers were served in an attempt to delay the case further. I have no doubts in my head that all banking staff in the country have been briefed on the recent goings on with the OFT, furthermore on how to handle customer enquiries. I therefore fail to understand how it could be possible for your client to be unaware of the application in question. Does your client use fax machines? telephones?
I put it to you that it is your clients own responsibility to ensure that such important documents served by a court should be passed on to a relevant member of staff, one that has preferably been appointed to deal with Unfair Bank charges.
I know that this is the case as I have made enquiries via telephone and been asked to hold until they get someone that has been appointed to deal with this specific matter.
How/Why did the management of the branch that the papers were served fail to act on them?? Surely they are aware of the importance of Court documents needing dealt with. These documents should have been faxed to the registered branch in Leicester on delivery from the courts and further more forwarded to you. I can not be held accountable for your client’s actions.
When you last wrote to inform me that you are now acting on behalf of your client you could have advised me that I needed to change corresponding addresses as you surely possess copies of both parties correspondence to date. Both you and your client failed to pass this information on to me. I feel this is just another delay tactic from Alliance & Leicester.
I filed this case with the NI Courts on 12th June 2007. I also forwarded a detailed letter of my intentions on doing so to your clients the day before this and they responded to me with a copy of the first “standard” letter that I received from them in April 2007, was this mistake on their part? if not I ask you to explain how did they address my letter?? I put it to you that your clients are struggling to cope with such a high volume of complaints that they are not addressing each case as individual.
They send the same “standard” letters to hundreds of people per day. It is an insult especially when I consider the amount of time I have had to dedicate to get myself this far, unlike you who is being paid for what you are doing.
I will be seeking advice from legal representation on how to have the Decree reinstated in light of the fact that her Honour Judge Collins only acceded to your application under false information from you. I will also be applying for the stay to be removed on the grounds of financial hardship.
jenny5969
= Approx. £500 + %
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Originally Posted by cazawilson
