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Okay i've copied yours word for word on page 1 on a N149 form from the .hmcourts-service.gov.uk

 

Now i have all copies printed.

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.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

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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.

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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I can't see the post you wrote about sending special delivery and what to write. (cover letter)

 

I saw it in my email from this thread, but its not displayed here ?

 

Do you see it ?

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Has this post been removed ?

 

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

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I can't see the post you wrote about sending special delivery and what to write. (cover letter)

 

I saw it in my email from this thread, but its not displayed here ?

 

Do you see it ?

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.

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Hi,

 

Yes i got it all, all printed out.

 

Court letter sent today via Special delivery and it is guaranteed for delivery tomorrow. Will update again when its been delivered.

 

I will send the others on Thursday by Special Delivery.

 

 

Thanks

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Hi,

 

Yes i got it all, all printed out.

 

Court letter sent today via Special delivery and it is guaranteed for delivery tomorrow. Will update again when its been delivered.

 

I will send the others on Thursday by Special Delivery.

 

 

Thanks

Good.

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Court papers have been delivered and signed for.

 

I will send Virgin and MBNA tomorrow morning.

Good.

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Letters signed for by both MBNA and Virgin today from Royal Mail website.

 

I will keep you informed when i hear any more.

 

Thanks

Great.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Hi,

 

Please find attached latest from court, Thanks.

I'm surprised it doesn't say anything about the hearing fee.

 

I suggest you call the court on Monday and ask if there is a hearing fee to pay, and if yes they should re-issue the court order. If not, why?

 

There should be a hearing fee of £300 to pay.

 

You might ask why not hope there is none and not pay it. The answer is because it could get struck out if there is one to pay and that would mean you'd have to go through a lot of hassle to get it re-listed.

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Hi sexyfufu & all,

 

1) I have just sent sexyfufu a PM regarding settlement negotiations, recommending an e-mail to Virgin Holidays to try and prompt settlement. As covered further up in the thread, I am recommending the details of this are kept out of the thread until such time as they are successful, if that is the case, or the case is complete.

 

2) Mediation: I note in the order that the details of the free small claims mediation advice service was given. I always recommend that people utilise this service. I will cover it in more detail if either Virgin Holidays or MBNA (or both) agree to mediation as well, when such a time is agreed.

 

Mediation is by telephone through a non involved specialist mediator and is free for small claims cases. I myself have had lots of positive experience with the mediation service and am very in favour of parties trying to settle cases by mediation.

 

I therefore recommend that you call the mediation service. Explain to them that it is not necessary that MBNA partake in the mediation, but would be good if they did, i.e. that mediation should still go ahead if Virgin Holidays agree but MBNA don't.

 

Provide them with your contact details, claim number, court where the case is ongoing (each few mediation officers cover an area of courts, which may not necessarily be the same court), scheduled date of hearing, e-mail address, the details of the other parties & your availability over the next 4 weeks.

 

Please keep us posted.

 

legalpickle

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Hi,

 

I will ring the court up tomorrow and ask about the hearing fee.

 

I will send the email to Virgin this evening.

 

I also agree with the Mediation and i am more than happy to go down that route, I will call them tomorrow also.

 

Thanks for all your help.

 

sexyfufu

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Hi,

 

I will ring the court up tomorrow and ask about the hearing fee.

 

I will send the email to Virgin this evening.

 

I also agree with the Mediation and i am more than happy to go down that route, I will call them tomorrow also.

 

Thanks for all your help.

 

sexyfufu

Great.

 

Please keep us posted.

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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I rang the court today and asked about the hearing fee, she said that my case had been referred to Mediation if we haven't both agreed to this by the 1st week of May another letter will be sent out notifying me of the hearing fee.

 

I rang the Mediators up and they had not got my case yet, they were going to ring Stafford court to get the papers, Virgin and MBNA to see if they wish to use the service.

 

Cheers !!

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I rang the court today and asked about the hearing fee, she said that my case had been referred to Mediation if we haven't both agreed to this by the 1st week of May another letter will be sent out notifying me of the hearing fee.

Never heard of that before, but so be it.

 

I rang the Mediators up and they had not got my case yet, they were going to ring Stafford court to get the papers, Virgin and MBNA to see if they wish to use the service.

Good. Keep us posted.

 

Make a note to chase them up in 14 days if you haven't heard from them yet.

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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WOW reading this "Legalpickle" you are AMAZING

 

I am seraching thet internet for cases/information as -

 

I am currently dealing with Thomas Cook regarding my dreadful wedding and honeymoon in Cyprus, Friday they sent me a letter & email offering me £200 Thomas Cook vouchers , plus £50 for taking vouchers !!

 

Sadly I don't wish for blooming Thomas Cook vouchers but for a 80% refund of my hotel stay. My entire complaint procedure has being going backwards and forward since Oct 2009 and finally they are offering something. I also had my entire honeymoon/holiday ruined.

 

Legalpickle can I refuse these vouchers and specify I want 80% of my hotel stay back as money ?? obviously stating my reasons why I want 80% ??

 

I do hope you don't mind me asking ;)

 

Sexyfufu I hope you get what you clearly deserve , I too had a awful experience although all Thomas Cook . It ruined my memories , honeymoon , holiday and its just not fair these people get away with it

 

:) ktbelle

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WOW reading this "Legalpickle" you are AMAZING

 

I am seraching thet internet for cases/information as -

 

I am currently dealing with Thomas Cook regarding my dreadful wedding and honeymoon in Cyprus, Friday they sent me a letter & email offering me £200 Thomas Cook vouchers , plus £50 for taking vouchers !!

 

Sadly I don't wish for blooming Thomas Cook vouchers but for a 80% refund of my hotel stay. My entire complaint procedure has being going backwards and forward since Oct 2009 and finally they are offering something. I also had my entire honeymoon/holiday ruined.

 

Legalpickle can I refuse these vouchers and specify I want 80% of my hotel stay back as money ?? obviously stating my reasons why I want 80% ??

 

I do hope you don't mind me asking ;)

 

Sexyfufu I hope you get what you clearly deserve , I too had a awful experience although all Thomas Cook . It ruined my memories , honeymoon , holiday and its just not fair these people get away with it

 

:) ktbelle

ktbelle,

 

Thank you for your compliments.

 

From what you say you clearly have the right to issue court proceedings and refuse any offer you deem unfit.

 

Asking questions on another person's thread - especially whilst it's ongoing - is considered "hijacking" and against CAG rules (and general internet forum etiquette); thus it would be best if you started your own thread and hopefully somebody will try to help you.

 

Unfortunately I am far too busy to commit to another thread.

 

Good Luck,

legalpickle

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Guest Old_andrew2018

Hi Ktbelle

If you're not sure how to start a thread, then all you need to do is follow these instructions, as given to me by seasidelady when I was new.

 

To start a new thread, go to the page you want to have a thread, at the top and bottom of the page there is a blue box which says...NEW THREAD. Click on that.

 

You will get an empty box up, Give your self a title, eg. ktbelle-V- Thomas Cook, and your off.

 

Please have a read of this link, It has everything you will need to know to help you find your way around this site.

 

"How do I...?" A Dummies' Guide to this Forum

 

Also please have a really good read around the site. As soon as you are ready, make a post and some one will be around to help you.

 

Andy

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Ops Sorry guys I am half , ok quarter of my way round this site whilst multi-tasking with my toddler for his tea

 

I'll post a thread , thanks everyone for being so kind :)

 

Ktbelle

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Update

 

I rang up the Mediator today, They have now had my court docs and contacted Virgin and MBNA who were both interested in Mediation but could not contact anyone in Virgin's Legal Department. The mediators sent letters out to both virgin and MBNA and they have failed to respond, The mediator is going to send another letter and they have 7 days to respond.

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