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Everything posted by legalpickle

  1. Schedule of Costs almost ready. I gotta pop out at 21:30 for a short meeting, and gotta do a few things till then. frettful38, Please answer my above post, and come back at 22:15 and we'll prepare for the hearing on the 18th. I'm making an emergency trip Tuesday afternoon to London and will be going straight to hospital in Manchester for an outpatients appointment on my return on Wednesday morning, so will have limited ability to see the result of the hearing till Wednesday at about 2pm.
  2. frettful38, When was the last hearing that was vacated?
  3. Nope. It seems to have disappeared and it wasn't me who removed it. Have you got all the text? If yes, not to worry. Just follow those instructions. Have you sent the one to the court off? The others should be sent on Thursday by Special Delivery, to the addresses that will be on the cover letters you received with the defences from VH & MBNA. Please confirm when sent, and check on http://track.royalmail.com/portal/rm/track?catId=22700601&gear=authentication to make sure they're received at about 2pm the next day, and confirm they were received.
  4. Ok. Next is cover letters. Put these on letterheads with your address (not phone number or anything else). The top one is to the court, the latter one for Virgin & MBNA. You can use the same one - with both addresses at the top - for Virgin & MBNA. You should have the addresses in the defence documents or cover letters that you received from them. The court one should be sent with the £35 cheque made payable to 'HMCS' tomorrow by SPECIAL Delivery. The others should be sent ON THURSDAY 11th MARCH (this Thursday) by SPECIAL Delivery. MAKE SURE TO REPLACE THE '.......' WITH THE CORRECT DETAILS!!!!!! PRINT AN EXTRA COPY OF EACH AND LEAVE IT IN YOUR FOLDER. KEEP ALL SPECIAL DELIVERY RECEIPTS!!! The Court Manager, Stafford County Court, Stafford Combined Court Centre, Victoria Square, Stafford, Staffordshire, ST16 2QQ 9th March 2010 Dear Sirs, Re: Claim No.: 9ST... Claimant: .... 1st Defendant: Virgin Holidays Limited 2nd Defendant: MBNA Europe Bank Limited I write further to the aforementioned claim in which I am the Claimant. Please find enclosed my Allocation Questionnaire, Proposed Directions & Responses to both defences. Also enclosed is a £35 cheque made payable to 'HMCS' in respect of the AQ fee for this claim, being as it is between £3,000 and £5,000 in value. I can confirm that copies of these documents are being served on both Defendants by the end of this week by Royal Mail Special Delivery. Sincerely, .... - Claimant. VH Address details MBNA Address details 11th March 2010 Dear Sirs, WITHOUT PREJUDICE, SAVE AS TO COSTS Re: Claim No.: 9ST... Claimant: .... 1st Defendant: Virgin Holidays Limited 1st Defendant Ref.: .... 2nd Defendant: MBNA Europe Bank Limited 2nd Defendant Ref.: .... I write further to the aforementioned claim in which I am the Claimant. Please find enclosed copies of my Allocation Questionnaire, Proposed Directions & Responses to both defences. I can confirm that these have been filed with Stafford County Court together with the requisite fee (£35). I assume that you will have filed AQ's with the court. If you have not sent copies of your AQ's to me yet, please do so. I am open to reasonable settlement offers should you wish to settle this matter rather than lose the additional hearing fee and interest at the hearing which will be scheduled in due course. Should you fail to satisfactorily settle my claim then I will seek costs pursuant to CPR 27.14(2)(g). For settlement purposes only my e-mail address is within my AQ, however pursuant to CPR 6 PD 4.1, I must insist that no documents are served on me by e-mail or any other electronic form. I am open to utilizing the free small claims mediation service, should you be agreeable to attempting to settle through this route. Please indicate as such in a letter to the court office - sending me a copy - so that telephone mediation may be scheduled at a mutually convenient date and time. I reserve the right to show this letter to the court, when dealing with the issue of costs, at the hearing; should you persist with your defences. Sincerely, ... - Claimant Let us know when each set is sent, and the above task is completed.
  5. That was quick! Make sure to cross out 'Defendant' at the top of page 1 and make sure all's EXACTLY as I wrote it. Note: To those who didn't realize, sexyfufu jumped the gun - which I don't like, but Ok, this time it was right - and completed what I wrote in my last post at the same time I was writing that post.
  6. Ok. Open it up and copy on a piece of paper which boxes to tick and what to write where. Copy it all WORD FOR WORD. Then downloaded this: http://www.hmcourts-service.gov.uk/courtfinder/forms/n149.pdf which is the blank copy, and fill it all in as I've done - and as I've instructed you. Then print ONLY PAGES 1-3 into PrimoPDF and print from there FOUR times onto your printer. Double check it to make sure all's correct, EXACTLY. Then let us know when done.
  7. Tried uploading my install file of an older version of PrimoPDF to my server, but it won't work for some reason. Guess we'll have to forget about you keeping a copy of the full AQ on your computer. Just fill it in as instructed above and print FOUR copies as instructed. Let me know when done.
  8. If they were "party to the proceedings" they would be a Claimant, not a Witness as such. I think you mean, if they were an imperative Witness, like here with the OP's husband. Depends on the District Judge. Even those are not guaranteed, and are quite often refused, even where the party succeeds. Try again, downloading the file again, and re-opening it and re-printing it to PrimoPDF. I just tried and works fine for me.
  9. Costs pursuant to CPR 27.14(2)(g) are very rarely awarded in small claims track. We will try, if it proceeds to hearing, but they're unlikely to be awarded (above court fees which are separate and always given if the Claimant succeeds). Thanks again. We'll have to see what mods say then. Happened before. I've uploaded it again in the same post above.
  10. Thanks for the support sailor sam ! Have you tried saving it as something different to aq.pdf? If not, try. It won't let you replace an open file for obvious reasons. Thanx The chocoholic in me is making my stomach rumble:p Any prezzies will have to be approved by the mods and be kosher (in both senses of the word)
  11. Tel number definitely blank. E-mail address you can fill in providing you put ' (NOT for service)' after it (remove the quotes).
  12. Am I right in assuming this was in response to the Response to Defence post, and my AQ post crossed with yours? If yes, please now deal with the AQ post, and put each copy on top of the Response to Defence and staple each bundle together - except your bundle, which should have each document stapled separately and put in different plastic punched pockets in your folder.
  13. Ok. AQ done. When you've finished dealing with the Response to Defence, deal with the AQ, following my instructions below TO THE LETTER!!! 1) Make sure you have PrimoPDF on your computer - PDF Converter — #1 Free PDF Creator — PrimoPDF. 2) Save and open the attached file in Acrobat Reader. 3) In the top left hand corner, fill in your FULL name (incl. title) in CAPITALS. 4) In the top right hand corner, in the 'Claim No.' box, fill in the claim number in CAPITALS. 5) In section I (last page) fill in your FULL name (incl. title) in CAPITALS in the box where it is requested. 6) In section I (last page) fill in your full address - as on the Claim Form. 7) "Print" into PrimoPDF (you will need to give it a different filename to the one I have saved it as). 8 ) Print FOUR copies of the completed form in your printer, and sign - as close to within the box as possible - in the box for your signature in Section I on the last page. COME BACK HERE AND LET ME KNOW WHEN DONE. ASK ASAP IF YOU HAVE ANY QUESTIONS. aq.pdf
  14. Ok. Response to Defence done. Please follow these instructions TO THE LETTER!!! 1) Top right hand corner, first page. Remove '...' and fill in the Claim Number as one 'word' and in CAPITALS, in the same font I have used. 2) 2 lines below 'BETWEEN', remove the '...' and put in your FULL name in CAPITALS as in the Claim Form, including your title. 3) Repeat 1 & 2 above on Page 2. 4) Repeat 1 & 2 above on Page 4. 5) At the end of the document (last line) remove the '...' and replace with your FULL name (including title), but not all in capitals. 6) Print FOUR copies & sign each one on the last page. CONFIRM WHEN DONE, AND THAT YOU UNDERSTAND EVERYTHING. AWAIT FURTHER INSTRUCTIONS. responsetodefence.rtf
  15. Ain't gonna happen at a reasonable hour today. Might happen at unsociable hours, or should happen tomorrow night. I'll be in touch on here sometime over the next day and a half.
  16. Ain't gonna happen at a reasonable hour today. Might happen at unsociable hours, or should happen tomorrow night. I'll be in touch on here sometime over the next day and a half.
  17. Later on, probs tonight. Got to study. It only really needs serving at least one working day before the hearing but I like to have them served 7 days before the hearing. It won't take long as we have the previous Schedule of Costs which needs minor work doing to it. Be in touch at 7ish if I haven't posted anything up here by then.
  18. sexyfufu, Did you read anything I wrote above? I clearly wrote "Don't fill in the AQ, I'll fill it in on my computer and upload it for you to complete the relevant parts. I'll also draft a Response to Defence (for both defences). Shouldn't take more than an hour for me, all in." What that means is that I will prepare the AQ and Response to Defences and then upload them here, with cover letters. You should then follow my instructions in dealing with them, which I will give when I upload them! So do NOT fill in the AQ yet, and do NOT send it off yet! When I have prepared it, I will cover every instruction for the AQ, including how to send it!!!
  19. Good Luck tergwin! Thanks for the words of support & compliments! If I had a spare minute I'd offer to help, but unfortunately you're more likely to end up being disappointed with my being so busy! I refuse to help if I can't go into the detail I go into, because I believe it's the only way to really help and ensure silly mistakes aren't made. Just my perspective and the way I work. Other's will work differently, but that's the way I feel I have to work, in order to ensure good results. And as you can see a few nuclear bombs or kicks up the backside work wonders too!
  20. With a name like kurvaface, that'll be a necessary to be part of the movie! I recommend against it, unless the thread is strictly business, and this one sure as hell ain't! Oy, my head will be getting too big for my shoulders if you continue this way! Needed:D Thanks to legalpickle it's only an occasional kick now:D
  21. Thanx Tergwin! frettful38, me & CAG are selling the movie rights to this thread! Profits to be split 90% to CAG and 5% each to another charity of mine & frettful38's choosing!
  22. I think you mean "they're", not "their". Bloody hell! I did tell you to be in touch a couple of weeks before the hearing! We need to prepare another Schedule of Costs. We need to deal with that this weekend, and you send it next week. Exactly.
  23. Hi frettful38, Hope you've had some peace without me! Wow, more than 6 weeks without anything on this thread! Can hardly believe it!!! Anyway's please remind me when the hearing is scheduled for? And have you received anything from IT senior or IT junior since that letter? legalpickle
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