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    • Tony Connelly of RTE has been talking to people in Brussels. There is a view that HMG will invoke Article 16 of the NIP soon and the source/s think the EU will take legal action and/or impose tarriffs on British exports.    https://twitter.com/tconnellyRTE/status/1441360546058567682  
    • Here is an updated draft of the proposed particulars of claim. Please can you start dealing with this. Fill in the figures and also let me have some comments.    
    • They may try to say that you haven't given them an opportunity to remedy the situation. You are now in a position to say that that is untrue and that you have invited them to address all the defects but subject to a written schedule and subject to supervision. Assuming that you will have actually issued the proceedings, you will then be able to say to the court that despite this approach, the defendants have declined and it is for this reason that you have been obliged to issue proceedings. You should emphasise that you have only brought the matter into the court process as a last resort – whereas by contrast, the building company have attempted to use a bankruptcy procedure as a first resort.
    • Points to emphasise with the court: There is no problem about money. The entire issue is about the quality of the work which has been carried out. The shabby workmanship has been confirmed by an independent survey for which you have paid £355. The survey report has been provided to the builders and yet they have so far ignored it and declined to comment. There were four contracts in all. Two of them were completed to a satisfactory standard and the price of those contracts was paid without any difficulty. The dispute relates simply to two remaining contracts which are the subject of the independent report. From the outset of this dispute instead of trying to hold a dialogue her adopted a barracking and bullying approach – the same approach which is being used by their debt collection agency. You have received threats that they will trespass onto your property and remove your driveway. They are completely aware that there is a legitimate dispute and in fact one of the directors admitted that the work was not up to standard. You have embarked on the pre-action protocol as a prelude to legal action. Legal action in respect of one of the contract has now been issued. You are still hoping that the builders will deal with the matter without the need to take the litigation into the court room. The building company have attempted to avoid the independent scrutiny and transparency of the court process. The proper procedure for addressing this dispute would have been to start a legal action against you. The building company have decided not to use a transparent process and have the evidence weighed by a judge. The building company has preferred to shortcut the process and to use the strong-arm tactic of trying to have you declared bankrupt. This is clearly an abuse of the process. If there were serious questions about your intention to avoid payment, it would have been open for the building company to issue proceedings and eventually to have required that you would pay the disputed some into court. You would have complied with such an order without any difficulty – but they have chosen not to litigate. Now that litigation is underway, you believe that the best course of action is to allow the litigation to take its course and for the building company either to come to the table or else for the matter to be decided by a court after having weighed all the evidence. I'm going to say that if you had been more responsive in the way that you had been dealing with this so far – and as we have been encouraging you to do throughout this process, we would be well advanced by now and there wouldn't be this furious last moment dash to prevent a bankruptcy procedure. I hope that in view of what is happening you will now re-prioritise this matter.   I don't know what your temperament is like but when the hearing starts, you must remain very level and gentle in your approach and your tone of voice. Simply make your points. Listen very carefully to what is being said to you. While the judge is speaking, you should make notes so that you don't forget to refer to a particular point if something important is said. In the heat of the moment and in the stress, it is very easy to hear the judge say something to which you want to respond and then as the judge continues, you forget to say it. Once again, I expect that @Andyorch will be along at some point although he may be away for the weekend.  
    • How the European papers see Britain's problems, from the Independent.   European newspapers blame Brexit for UK supply chain crisis WWW.INDEPENDENT.CO.UK Continent’s press liken situation to 1970s Winter of Discontent and ‘boycotted Cuba’  
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kandy
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Hi all thought i'd try and reclaim my funds from alliance and leicester. I've been reading through some of the threads and it does seem a little confusing and scary, but im giving it a go. I will be sending my preliminary approach letter on Monday. :???:

 

Kandy

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In the mean time, spend some time reading the FAQs and the step by step guide. That will answer most of your initial questions.

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  • 4 weeks later...

I recieved my reply from A&L yesterday i think due to the postal strike because it was dated 10th Oct, it sounds like the standard letter that others have recieved. Im not sure whether i still continue with the action and send LBA even though most cases are being stayed? can someone let me know whether i still carry on with the process or am i suposed to wait?

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hi kandy

yes carry on with your claim send your lba giving them a further 14 days stick to the timescales when your 14 days

are up you can file your n1 then your claim will be in the system

 

 

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HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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  • 3 weeks later...

I sent my LBA on the 29th oct but i forgot to send it by recorded delivery, i havent recieved a reply from alliance and leicester at all. Do i go ahead and complete the N1 form or do i need to send LBA again by recorded delivery so that i have proof that i sent it???

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thank you, sorry for late reply having computer trouble. Will try and get N1 form sorted by end of the week, i kow i'm out of my time scale but i dont think it will make much difference.

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They are your timescales, so there is no rush, do it as and when you are ready.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

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Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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  • 4 weeks later...

Been sooooooo broke with all these extra charges being added to my account so haven't applied to courts yet because of needind to pay the extra fee for court. Can some one let me know if i have to apply to the courts with an N1 form or MCOL form on line, im a little confused.

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If you have a choice, it is always preferable to file using N1 at your local court. The two main disadvantages with MCOL are that your Particulars of Claim are limited to just 1080 characters with a maximum of 24 lines and you cannot attach the schedule of charges to your claim.

 

Both these drawbacks can create problems later on. The banks use these limitations of MCOL to assert, with some justification, that the claim has not been fully particularised.

 

Therefore I would strongly advise you to file at your local court. It will be transferred here eventually anyway.

 

OFT TEST CASE:

Following the announcement by the OFT, as from August 13th, all bank charge claims filed at MCOL are being automatically stayed. Therefore it is advisable only to file a claim using N1 at your local court

 

You can download N1 here:

N1 Claims form in .PDF format with form filling

 

New POC's:

There are now new comprehensive Particulars of Claim written by a QC specifically for the following banks:

 

Abbey

A&L

Barclays

Co-op

Halifax

HSBC

Lloyds

NatWest

Royal Bank of Scotland

Yorkshire

 

 

See here:

http://www.consumeractiongroup.c o....lates-library/

 

 

If you are on benefits, you may be eligible for exemption from court fees.

You can only apply for this at your local court using form Ex160.

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  • 2 months later...

I began trying to reclaim my charges last year, i got up to the stage where i file to court but been quite broke so have been unable to do my MCOL yet. Does any1 know if i have to start again or can i pick up where i left off. It wont be until next mth however cause im still broke. Oh and does any1 know if i can recalim the £5 per day charges because at 1 point i was charged £160 over 30 odd days i think cant remember.

 

Please some 1 shed some light, alliance & leicester owe me over £1000

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  • 2 weeks later...
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