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Zebbydog v Yb ***WON***


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Just found this in Mercantile Forum regarding hearings in london on 24th of January

 

"Although some of these cases have been allocated to the Multi Track, it is the provisional view of the Judge that the costs rules for the Small Claims Track should apply to all of them"

 

 

So may be better to leave letter as it is

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WON:D

 

Today recieved an offer for the full amount claimed plus £220 court costs.But no interest.We are leaning towards acceptance for personal reasons that will become apparant when we attend the CAG do in Wakefield next week.Donation will be made when we have cleared funds

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well done Zebby and congrats, :D it's heartening every time i see these bullies fail to make one of us back down, they must know now that we can't be stopped with lame scare tactics. So don't party too much and enjoy the winners circle

 

Regards Moss

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Thanks for kind comments and support folks. Letter going out tomorrow but holding on to discontinuance notice until funds arrive.I have reminded them that time is of the essence as I will have to submit court docs by the 30/1/07 and if they dont agree I will continue to court with the claim.For all those who are going to the do on friday, look forward to seeing you all:p

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  • 2 weeks later...

Well only a week to go before court now and nothing from YB despite writing to them to accept their offer. So CMS docs sent to court and a copy to Glasgow.They do like to b***er and take things to the wire.Well if its going to be court then its going to cost them a lot more as I have now added reasearch and preparation costs at £9.50 per hour to my CMS not to mention that INMHO this is an abuse of the court system and will be informing the court of this

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Hiya, I got my court date 26th March, does anybody know if I should be doing anything Im a bit lost dont know if I just sit and wait or if I need to contact the courts an I notice a mention of submitting court docs I was under the impression I had done this do I have to do it again or are they different docs

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I should think you might get a special delivery letter in the next few days Zebby. I got one with a cheque quite quickly after a fax rejecting the last offer and reminding them that court was looming.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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True, but going on alymacs experience you might have a problem going to court if you are in the process of settling. I suggest you phone the court, advise them of the situation and seek advice on what you should do.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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True, but going on alymacs experience you might have a problem going to court if you are in the process of settling. I suggest you phone the court, advise them of the situation and seek advice on what you should do.

 

I think I will probably have to write a letter to the judge apologising for the delay even if they do pay before court.I will point out that this is due to YBs obstructive and unreasonable behaviour and abuse of the court process. Here is a copy of my acceptance letter.

 

Response to settlement offer.

Without Prejudice

 

 

Dear Sir or Madam

With reference to your letter of the 18/01/2007 offering 1.£3055 and 2.£220 court costs, total £3275.

I can confirm that I am happy to settle for this sum in full and final settlement of claim No 6QZ73633.Please find enclosed signed acceptance letter. I will also sign and return to you the notice of discontinuance and a copy to the court, when I have cleared funds in my possession. I would remind you that time is of the essence as I will have to submit documents to the court no later than 30/01/2007.I trust that this meets with your approval. If it does not then I will continue with my claim in court on the 7/02/2007 at the Leeds Mercantile court.

Yours Faithfully.

 

And letter sent last week.

 

With reference to my letter dated 21/01/2007. As I have yet to hear from you regarding this letter and the Court date is fast approaching, I now have to submit Court Documents. Please find enclosed a copy of my Case Management Information Sheet submitted to Leeds Mercantile Court.

 

 

Considering these letters, do you think i am still entitled to go to court.After all nothing has changed they havent paid me what I am claiming for?

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You don't need the Without Prejudice. You only need to put that if you are saying something you don't want the court to know about.

 

As you are accepting this offer I think the court may see it as settled and you might be seen as wasting the courts time and in a worst case scenario you could end up paying costs. This is why I suggest you phone the court for advice.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Having heard nothing from the bank despite accepting their offer over 2 weeks ago,I have just been in touch with the court and they advised if the bank hasnt settled by weds we should attend the hearing.

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Have spoken to Glasgow on the phone and they asked if I had recieved a cheque,when I said I had heard nothing in over 2 weeks,they said they would call me back today.We will see. Not holding my breath

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Zebbydog i have to have my court docs in by thursday is ther any chance you could advise me on what to put together as i want to make sure i get it right.

 

Thanks

Sid

 

 

Which court is it? and what have the court asked for?

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The following Directions apply to this claim:

 

6) Each party must deliver to every other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than 4pm on Thursday , 8th February 2007.

 

 

Its at Teeside County Court but the hearing is not until April

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So it looks like you will have to provide all copies of any letters you have written to the bank and any replies plus schedules of charges and particulars of claim you filed with the court,you will also need copies of your statements.Also have a look at the court bundle in the library and decide what you are going to use out this.You then need 3 copies of eveything send one to court and one to the bank keep one for youself.

 

 

 

 

 

 

 

If this helps please click the scales bottom left :rolleyes:

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Well suprise suprise a nice chap called Graham from the bank called me and said the cheque was sent out on friday and if it did not arrivebytomorrow to ring him back. So will have to see what tomorrow brings :confused:

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Oh zebby come on this is ridiculous. Sorry, I know it's not your fault. I was bad enough when my claim was settled 2 weeks before court, so I can only imagine how you must feel. My cheque was sent special delivery for guaranteed delivery by 1pm, but as I was at work there was a card for me when I got home, to collect a letter from the PO which I did next day.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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They couldnt even tell me if it was sent recorded special or ordinary post.Then the court tell me to attend if I havent got it by weds and yet tell someone else on the mercantile thread they can have a 2 weeks continuance :confused: Nothings ever simple.it has been a long hard road.the thing that really shocked me was the bank returning my call:o

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