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Raffles1

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  1. Hi, I am in court tomorrow with regards to the Alliance & leicester trying to get my claim struck out. I have accepted their initial offer as part payment and wrote to them advising this was the case and that I would be continuing to pursue the remaining amount through the court, but would be prepared to settle for a lesser amount. I then receive a letter from their solicitors saying they have been instructed by their client to offer me a slight lesser amount than I have agreed to setlle for. So I telephoned and accepted this amount and put it in writing to them. HAving not received it in within the given timeframe I phoned the solicitors who told they were busy and that the cheque would be with them within the next couple of days and sent straight out to me. I then received a letter saying I had already received a cheque for this amount. Which I wrote back and told them I hadnt.They then wrote saying i had already received a cheque from A&L and this was the full and final settlement. I wrote back telling them that having been offerd and accepted teh second amoutn I was still awaiting payment, I heard nothing so telephoned them to be told by solicitors that it would definately be paid. Just under a week later I received a letter stating that they were now only offering the difference between the 2 amounts already offered, (the first one being accepted as part payment), and that if I did not accept this they were goingt o apply to the court to strike out my claim as I had already accepted the initial cheque. I then telephoned the court as I had not heard from them only to find the case had been put on hold as A&L had told them the case was settled. I explained what had happened and was asked to send copies of correspondence relating to the settlement to both the court and solicitors, which I did. I then received a notice of hearing of application from the court relating to the solicitors request that my claim be struck out. I have had no further instruction from the court and am now putting together all info I think I will need for tomorrow...I know I can only use documents which have already been provided to A&L/ solicitors. I am just a little concerned that I have not been asked to provide any further info to the court than I have already sent. Any help would be greatly appreciated, I have no problem with going to court tomorrow as long as I feel prepared. Thanks Forgot to add they are also claiming costs from me of £395.! didnt think they could do this.
  2. I am in court on monday, and to cut a long story short I have already accepted as part settlement half of what was claimed and banked the cheque.I wrote to tell the bank I was accepting it as part payment and would be continuing my claim for the remaining amount. Due to a breakdown in communication between my bank and their solicitors I was offered almost another half which I duly accepted by phoen and in writing. Only to be told I couldnt have it as Id already had the other cheque. They told the court it had been settled, I then told the court otherwise. I was asked to send in copies of all correspondence following the part settlement which I did. I received a court date for monday 12/11 last week and would now like some advice. They are claiming costs form me which I thought they couldnt do. And do I need to take anything else with me to the court other than the original documents of those already sent. The judge has not directed me in any other way so I dont know if I am going to be able to use any of the evidence that I have put together as a court bundle or not.....any help would be greatly appreciated. update* I have now received a schedule of costs saying they are claiming costs amounting to £395.00 being total cost for application to strike out claimants claim.....are they within their rights to do this? Please I really need your views on this
  3. I need some advice, after taking advice from the courts I accepted and cashed a cheque as part payment of my claim and wrote to A&L informing them of my intention. In the same letter I offered to settle for a lesser amount. 3 weeks later I receive a letter from solicitors offering a little less than I agreed to settle for. I phone and write to accept this with 4 week timescale for chq to be in my hands. I telephoned solicitors to find out what was happening after 2 weeks to be told A&L had dealt with the cheque and it would be sent directly to solicitor and then on to me. A few days later I receive a letter saying Ive already received this cheque for second offer. I write and email to say I havent. Then Im told I have already had settlement as in first cheque. I phoned and am now told that the first cheque was full and final settlement but they will go back to A&L to see if they want to withdraw from offer. I am also told I should have told solicitor I had already received first cheque, surely that is up to A&L to do that as they are their client and not me. Timescale: Initial offer of settlement : 23rd May Accepted as part settlement and offered to settle for lesser amount: 1st June Received letter from solicitor offering lesser amount : 21st June Accepted via telephone and letter 28 days timescale : 22nd June Letter saying have already received 2nd offer: 6th July email to solicitor to say this is incorrect : 8th July no reply email (including original email) asking to be looked into :13th July Letter from solicitors stating original chq full and final settlement :16th July Phoned to query today and am awaiting response. I am still waiting for a court date but am quite willing to take this through to its conclusion. Your views would be appreciated.
  4. Thank you Much appreciated.....I would just like to add a HUGE thank you to everyone who has posted on here....its a mine of information that I couldnt have managed without referring to:)
  5. Hi, I am at the stage where I have been transferred to my local court and have realised I have included 2 charges before the 6 year deadline but have also missed one out...this means the total claim has changed by £19. I realise I have to inform the court but how do I go about doing this? Any help would be greatly appreciated
  6. I phoned the court this morning after being in the same position as your friend and was told that I could keep the money, but had to write to A&L explaining that I accepted it as part payment and would be continuing to pursue the remaining amount. You MUST include the words WITHOUT PREJUDICE in your letter, I have typed it in capitals at the top of the letter and included it my wording of the letter.....
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