Wedding Honeymoon one problem after another

[sexyfufu]

I give the court one copy then send the other 2 to MBNA and Virgin is this correct, Do i need to take all 4 copies to court with me ?

Edited January 21, 2010 by sexyfufu

[legalpickle]

I give the court one copy then send the other 2 to MBNA and Virgin is this correct, Do i need to take all 4 copies to court with me ?

NOPE! Yes!

 

You take ALL FOUR copies to the court with you. You give them ALL to the court with ALL attachments and they stamp them with the claim number, date of issue & court seal; and return 3 copies to you!

 

You then send one copy to each company and take one back for yourself.

[sexyfufu]

Ok,

 

I now understand what I need to do, I don't have anymore questions at the moment.

 

I will report back here tomorrow after i have filed.

 

Thanks for all your help !!

[legalpickle]

Ok,

 

I now understand what I need to do, I don't have anymore questions at the moment.

 

I will report back here tomorrow after i have filed.

 

Thanks for all your help !!

Great!

 

Thank me when it's over.

 

Do you know where the court is? The full address is at the bottom of the N1.

 

GOOD LUCK!

[sexyfufu]

Yes, When i rang they gave me directions LOL

 

On the cover letter to Virgin and MBNA what shall i write ?

[legalpickle]

Yes, When i rang they gave me directions LOL

 

On the cover letter to Virgin and MBNA what shall i write ?

Just draft a letter with their address - as on the claim form - the date, your name and address (i.e. on your letterhead) stating something like the below. Put it all in one letter, so at the top should be both addresses. Put the same box that's got your details at the top of the Particulars of Claim at the top of the letter, below the 'WITHOUT PREJUDICE, SAVE AS TO COSTS'.

 

 

Dear Sirs,

 

WITHOUT PREJUDICE, SAVE AS TO COSTS

 

 

Considering your lack of satisfactory response to my correspondence, I have been left with no choice but to issue court proceedings against yourselves.

 

I am open to negotiating a settlement, but all correspondence must be in writing. If you wish, when - and if - the matter reaches allocation; I am more than willing to utlize the HMCS free small claims mediation advice service in order to reach an acceptable settlement arrangement.

 

However should you insist on defending a substantial part of the claim - as you have done to date - I will be compelled to seek costs pursuant to CPR 27.14[2][g] as I contend that this would be acting unreasonably.

 

This should be considered notice that pursuant to CPR 6 PD 4.1; all legal documents must be served on me, by post or other form of courier service to my address - as is on the claim form.

 

Sincerely,

 

 

Mrs. Sexy Fufu

[sexyfufu]

Update

 

I issued court proceedings today, I had to wait about 30 mins for the head clerk but i issued and got the claim number.

 

The court did want to serve the papers, they said that was normal procedure.

 

If i wanted to serve the papers i would need to provide certificates ect, I decided to let the court serve them. I hope this is okay ?

[sexyfufu]

I received a letter from MBNA this morning, stating they had not recieved a answer to there last letter, and I have 7 days to respond.

 

I rang the manager and informed him i had already sent it once and faxed across the letter he wanted.

 

I didn’t mention the court.

[legalpickle]

Update

 

I issued court proceedings today, I had to wait about 30 mins for the head clerk but i issued and got the claim number.

 

The court did want to serve the papers, they said that was normal procedure.

 

If i wanted to serve the papers i would need to provide certificates ect, I decided to let the court serve them. I hope this is okay ?

WHY? WHY COULDN'T YOU READ WHAT I WROTE?

 

Do you honestly think that after all the advice I have given I don't know procedure? I told you you would need to provide Certificates of Service, and that if necessary we would draft them.

 

I have no problem with people raising reasons why they should do things differently, and discussing it. But I hate it when people decide to ask me for my help, continue taking help, but don't do certain things, without discussing that prior.

 

I made clear that the only reason you should let the court serve them is if they blatantly refuse to let you serve them.

 

The reason is because the courts have botched up 9 times out of 10 (at least!) where there are 2 defendants!

 

If the court botches up - because you "decided" to let them do it, contrary to my advice (which is based on substantial experience of HMCS incompetence and human error!) - I ain't getting you out of that pickle!

 

In future either follow my instructions to the letter - or like you did with my wording of the Particulars of Claim - raise constructive reasoning why you should do to the contrary.

 

Where I am wrong I will be the first to admit it.

 

If the court don't botch up on this occasion, consider yourself VERY lucky! This - 2 defendants, numerous attachments - is just the type of thing the County Court like to botch up on, so if it doesn't happen, don't rely on it not happening in future when issuing claims!

[legalpickle]

I received a letter from MBNA this morning, stating they had not recieved a answer to there last letter, and I have 7 days to respond.

 

I rang the manager and informed him i had already sent it once and faxed across the letter he wanted.

 

I didn’t mention the court.

MISTAKE.

 

Do not under any circumstances talk to these idiots on the phone.

 

Insist on all correspondence in writing, and now that court proceedings have been issued, only deal with those departments who deal with the court proceedings.

[sexyfufu]

WHY? WHY COULDN'T YOU READ WHAT I WROTE?

 

Do you honestly think that after all the advice I have given I don't know procedure? I told you you would need to provide Certificates of Service, and that if necessary we would draft them.

 

I have no problem with people raising reasons why they should do things differently, and discussing it. But I hate it when people decide to ask me for my help, continue taking help, but don't do certain things, without discussing that prior.

 

I made clear that the only reason you should let the court serve them is if they blatantly refuse to let you serve them.

 

The reason is because the courts have botched up 9 times out of 10 (at least!) where there are 2 defendants!

 

If the court botches up - because you "decided" to let them do it, contrary to my advice (which is based on substantial experience of HMCS incompetence and human error!) - I ain't getting you out of that pickle!

 

In future either follow my instructions to the letter - or like you did with my wording of the Particulars of Claim - raise constructive reasoning why you should do to the contrary.

 

Where I am wrong I will be the first to admit it.

 

If the court don't botch up on this occasion, consider yourself VERY lucky! This - 2 defendants, numerous attachments - is just the type of thing the County Court like to botch up on, so if it doesn't happen, don't rely on it not happening in future when issuing claims!

 

Sorry, I said i wanted to serve but they were very persistent.

 

I had them all labelled up MBNA copy, My Copy, Court copy, and Virgin copy.

 

So hopefully they will get it right !!

[sexyfufu]

MISTAKE.

 

Do not under any circumstances talk to these idiots on the phone.

 

Insist on all correspondence in writing, and now that court proceedings have been issued, only deal with those departments who deal with the court proceedings.

 

Okay, I will in future do everything you tell me and i will wait for an answer from you before i do anything.

 

Legal you have been a really big help to me and i'm sorry !!

[sexyfufu]

Legal,

 

Received this email today, Help what should i do ?

 

26 January 2010

 

 

 

 

Dear (Edit)

 

Further to recent correspondence I'm writing to seek clarification on the status of your complaint against Us Holidays.

 

Our records show that you sent an email to our managing Directors office accepting compensation.

 

 

We have now received papers notifying us of your intention to make a

further claim through the court. As your email indicated that you had

accepted our offer I would be grateful if you could confirm the current situation.

 

I look forward to hearing from you in due course.

 

Yours sincerely

 

 

 

Customer Relations Supervisor

 

The last email i sent to them was this on the 3rd Jan and its below :-

 

Hi,

 

I sent you a email on the 28th December accepting your offer, I have now had time to consider this and do not wish to accept this offer, and will be issuing court proceedings in the next 7 days.

 

I am sorry for the previous email but with you being out of the office you wouldn’t of had time to act on this.

 

Many Thanks

 

(Edit)

 

 

From:

Sent: 28 December 2009 11:02

To:

Subject: Out of Office AutoReply: Booking Ref

 

Thank you for your email. I am out of the office until Monday 4 January. if your query is urgent please contact (Edit) or I will reply on my return, thank you.

Merry Christmas and a Happy New Year

Edited January 27, 2010 by sexyfufu
Personal details removed.

[sexyfufu]

Also the 1st cheque i received was sent back to Virgin because it was issued in the wrong name (Sep 2009).

[MARTIN3030]

Just a personal opinion,but I would examine the need and the use of reproducing settlement negotiations here in such detail.

It could be seen in a very bad light later-I dont need to spell it out.

You should also check footers to be sure that these are not priviledged.

[sexyfufu]

Just a personal opinion,but I would examine the need and the use of reproducing settlement negotiations here in such detail.

It could be seen in a very bad light later-I dont need to spell it out.

You should also check footers to be sure that these are not priviledged.

 

Thanks for your opinion, i have now edited the post to remove some of this information.

 

I am hoping LP will be around at some point to advise what i should do.

[MARTIN3030]

Yes ok.

I will leave LP to carry on.

It does seem that the questions they are unsure of need to be clarified-saves any confusion and fulfils your part of the pre action protocols.

[legalpickle]

I'll pop by this evening to give my advice. I don't think it's urgent to respond immediately.

 

I agree with Martin (for once! Lol!) that you should restrict the information you leak out here. Don't post names in future (yours included).

 

If you are unsure as to whether to post something publicly, PM me and I'll let you know. I think even Martin will be Ok with some settlement advice by PM, as long as we disclose as much as possible in the thread - to help others in the future.

 

You can leave what's already been said in the thread up, but in future settlement is one of the topics you should be careful about saying too much publicly.

[MARTIN3030]

Yes agreed.

Generally we do not advocate or encourage pms to discuss things that can be posted in the open and are an essential source of info and guidance to those following.

That said,we all know that there will be information which could pred the case if posted openly.

It just a case of using common sense and using the pms when its abs necc.

[sexyfufu]

Thanks both for your help !!

[legalpickle]

Okay, I will in future do everything you tell me and i will wait for an answer from you before i do anything.

 

Legal you have been a really big help to me and i'm sorry !!

sexyfufu,

 

I am not a dictator. I am not saying do everything I tell you or I won't help.

 

I am saying that as common decency, help me to help you.

 

If I recommend something you disagree with, raise your disagreements. I am after all only human, and all humans make mistakes. If you are right I will agree with you - as with changes to the PoC. If I am right I will be so convincing you are likely to agree with me.

 

Legal,

 

Received this email today, Help what should i do ?

 

26 January 2010

 

 

 

 

Dear (Edit)

 

Further to recent correspondence I'm writing to seek clarification on the status of your complaint against Us Holidays.

 

Our records show that you sent an email to our managing Directors office accepting compensation.

 

 

We have now received papers notifying us of your intention to make a

further claim through the court. As your email indicated that you had

accepted our offer I would be grateful if you could confirm the current situation.

 

I look forward to hearing from you in due course.

 

Yours sincerely

 

 

 

Customer Relations Supervisor

 

The last email i sent to them was this on the 3rd Jan and its below :-

 

Hi,

 

I sent you a email on the 28th December accepting your offer, I have now had time to consider this and do not wish to accept this offer, and will be issuing court proceedings in the next 7 days.

 

I am sorry for the previous email but with you being out of the office you wouldn’t of had time to act on this.

 

Many Thanks

 

(Edit)

 

 

From:

Sent: 28 December 2009 11:02

To:

Subject: Out of Office AutoReply: Booking Ref

 

Thank you for your email. I am out of the office until Monday 4 January. if your query is urgent please contact (Edit) or I will reply on my return, thank you.

Merry Christmas and a Happy New Year

 

Also the 1st cheque i received was sent back to Virgin because it was issued in the wrong name (Sep 2009).

 

I recommend you respond with the below. Try and get a read receipt if your e-mail program can do that. If not it doesn't matter.

 

Sorry if there are any grammatical errors, it's a bit early for me to drafting documents, I got up "early" to finish an assignment for my Business Management course. (I prefer late nights!). If there are any grammatical errors feel free to correct them, but leave the gist of the e-mail content intact and any legal statements should remain.

 

 

Dear Sirs,

 

WITHOUT PREJUDICE, SAVE AS TO COSTS

 

I withdrew my acceptance of your offer prior to the postmark on the letter dispatching the cheque.

 

The cheque was also not for the full amount I had accepting, but was relying on a prior cheque for the remainder, from September 2009, which I had sent back both as a rejection and because my name was incorrect on that cheque. This can be construed as your rejection of my acceptance.

 

I subsequently issued proceedings in Stafford County Court on Friday 22nd January 2010 against Virgin Holidays Limited & MBNA Europe Bank Limited.

 

Pursuant to CPR 6 PD 4.1 now that court proceedings have been issued I am advising you that e-mail is not an acceptable method of service of legal documents on myself. Neither is fax. Any legal documents sent to me by fax or e-mail will be deemed not served and duly ignored.

 

Once you have received the Claim Form [together with the Particulars of Claim and attached documents] should you wish to negotiate, I am happy to receive e-mail offers; however e-mail is only to be used for settlement negotiations, not service of legal documents.

 

Sincerely,

 

Mrs....

[sexyfufu]

Email sent, with Read receipt and delivery receipt, already had the delivery receipt.

 

Thanks !!

[sexyfufu]

Update

 

29/01 Read reciept received from email i sent to Virgin Holidays

 

I received the following 2 letters from the court today :-

 

MBNA filed Acknowledgement of Service on 27th January 2010 indicating a intention to defend all of the claim.

Virgin filed Acknowledgement of Service on 28th January 2010 indicating a intention to defend all of the claim. Also Virgin have provided a new address for service of documents.

[legalpickle]

Update

 

29/01 Read reciept received from email i sent to Virgin Holidays

 

I received the following 2 letters from the court today :-

 

MBNA filed Acknowledgement of Service on 27th January 2010 indicating a intention to defend all of the claim.

Virgin filed Acknowledgement of Service on 28th January 2010 indicating a intention to defend all of the claim. Also Virgin have provided a new address for service of documents.

As expected.

 

They now have till 19th February 2010 to file a defence. So on 22nd February 2010 - if you haven't received a defence from the court by then - at 10:15am call Stafford County Court to ask if either one of them has filed a defence.

 

If not you file a Request for Judgment in Default, which if you ask me on Sunday 21st February 2010 we'll prepare.

 

If you receive a copy of the defence from either of the Defendants ignore it. Keep it, but ignore it. It doesn't mean the court will have received it.

 

Don't admit to receiving a copy of the defence from either Defendant, till the court sends you notice that one has been received, because that's what matters.

[sexyfufu]

Hi Legal, Recieved this today from MBNA