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    • I doubt HMCTS holds any data on whether arrests by AEAs required police assistance.  They couldn't or wouldn't provide data on how many of warrants issued were successfully executed - just the number issued!  In my experience, arrest warrants whether with or without bail are [surprisingly] carried out with little or no fuss.  I think it's about how you treat people - a little respect and courtesy goes a long way. If you treat people badly they will react the same way. Occasions when police are called to assist are not common and, having undertaken or managed many thousands of these over the years, I can only recall a handful of occasions when police assistance was necessary. On one occasion, many years ago, I arrested and transported a man from Hampshire to Bristol prison on a committal warrant. It was just me and he was no problem. I didn't know the Bristol area (pre Sat Nav) and he was kind enough to provide directions - seems he knew the prison.  One young chap on another committal warrant jumped out of his back window and I had to chase him across several garden fences.  When he gave up (we were both knackered) I agreed to drive by his girlfriend's house to say farewell for a while.  I gave them a few moments and he was fine. The most difficult are breach warrants but mainly in locating the defendant as they don't want to go back to prison - can't blame them.  These were always dealt with by the police until the Access to Justice Act transferred responsibility from them to the magistrates' courts. The fact was the police did not actively pursue them and generally only executed them when they arrested someone for something else and found they had a breach warrant outstanding.  Hence the transfer of responsibility.
    • thats down to mcol making that option available for you to select, you cant force it. typically if there are known processing delays at northants bulk it will be atleast 14 days later if not more.
    • Thanks   Noting the day to apply for default judgement if necessary
    • nope, as the display model was not the colour the customer wanted. but your question is totally immaterial anyway as custom built doesn't come into it. dx
    • as long as aos is done by day 19 from the date on the claimform they get a total of 33 days to file a defence. (whereby the date top right on the claimform is ONE in the 33 day count) dx  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Confused over statements!


juliekaye1982
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  • 3 weeks later...
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I need a bit of advise, trying to get things right in my head and need to know if you have to allow for bank holidays when a claim has been filed, i.e. the 14 days you have to wait. If someone could help me out i would appreciate it!!

Halifax:

**SETTLED IN FULL 18/11/06**

 

Barclays

Court date set - 26th April!!

 

 

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thanks for the quick response, was the end of my 28 days (they had ack on last day) on 26th, when i got home and looked today they have entered a defence... damn barclays! guessing that would have happened even if i had started judgement last night so never mind. Waiting for my AQ now and preparing my court bundle!

Halifax:

**SETTLED IN FULL 18/11/06**

 

Barclays

Court date set - 26th April!!

 

 

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  • 2 weeks later...

PLEASE HELP!!

 

trying to get the AQ form filled out tonight to get sent off in the morning (its the N149) and have 2 urgent probs im hoping someone can help me with:

 

-Im not sure if i have to pay the £100 fee. My claim is for 1389, the letter that came with the AQ form said the fee was if the claim was for over 1500 but my book on small claims says over 1000!! I dont want to get this wrong and lose out

 

- Also im not sure what i need to put in Section G of the form, the FAQ guide says to give details of documents, does this mean the win zip court bundle?? Sorry if this sounds like waffle but like i said before im getting very nervous now

Halifax:

**SETTLED IN FULL 18/11/06**

 

Barclays

Court date set - 26th April!!

 

 

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Ok, managaed to get the awnsers to one of my questions by reading around so if someone could check this for me it would be great:

 

- In Sect G of the AQ i need to enter the following (not sure if this is 100% possible but i read a thread somewhere where a mother was acting on behalf of her son and i was hoping i can do this for my boyfriend just in case):

 

"I respectfully request that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The law relating to contractual penalties is settled law since the early 1900's. The issue is whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred.

Accordingly, the claimant proposes the attached draft order for directions, for the courts due consideration.

 

In the alternative, should the court decide to allocate this claim to the fast track, the claimant requests an order of standard disclosure.

 

The claimant gives notice that he wishes to be represented by his partner, Julie Kaye, at the hearing of this claim. I estimate that the hearing should last no longer than one hour."

 

And i attach the Draft Order from the New AQ Strategy thread as well?? Hope this is right.

 

 

Also, does anyone know about my previous question about AQ fee, i dont want to get it wrong but cant phone the court until the morning to check!!

Halifax:

**SETTLED IN FULL 18/11/06**

 

Barclays

Court date set - 26th April!!

 

 

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  • 4 weeks later...

So, my AQ form went back to courts recorded delivery on 10th January, 7 days early. Havent heard a thing back. Should i be worried? Any words of wisdom? Im wishing id taken the measly offer from months ago now!!

Halifax:

**SETTLED IN FULL 18/11/06**

 

Barclays

Court date set - 26th April!!

 

 

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No, don't feel like that, you are doing really well. I phoned the courts after returning the AQ and they explained they were snowed under, but gave me hope. I now have my date listed for 13th April 07 and am busy compiling my bundle. Don't give up and keep us posted.

Maria

Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

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Thanks for the support, i actually feel more confident now - especially reading about another victory (congrats!!). I shall get my head down with my court bundle and await the daily visit from the post man :)

 

Can anyone advise which is the best court bundle to use, there seems to be a few around, also when do i need to make sure this is all ready for?

Halifax:

**SETTLED IN FULL 18/11/06**

 

Barclays

Court date set - 26th April!!

 

 

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Thanks!! had a letter today, court date set for 26th April, as far as i can tell there are 2 different ways now - ringing the bank or waiting for them to ring me! Any advise/words of wisdom?

Halifax:

**SETTLED IN FULL 18/11/06**

 

Barclays

Court date set - 26th April!!

 

 

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Hi Julie, my date is 13th April, quite close to yours. I rang them and was told that Anthony Lombardi is looking after my case and would be in contact with me in mid March. He said they have a lot to deal with and are doing it first come: first served. Although he did know all about my cases and my first name etc, without going away to look it up. Whether you phone or not is up to you, I don't think it actually makes a difference, if I have not heard by end of March I shall be ringing back. Have you got your bundle together and when were you planning on submitting it?I am drafting mine this week and sending it in next week.

Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

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ive been working on it in bits - been very busy with work/courses etc but planning to put my head down this week and weekend and get it all sorted, although if i can avoid the heft postage costs by settling i wouldnt mind!!

Halifax:

**SETTLED IN FULL 18/11/06**

 

Barclays

Court date set - 26th April!!

 

 

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I know the feeling, I am on annual leave next week, that's the reason I am only drafting at the moment. To save money, the copy for the court I am hand delivering. But like you, I would like to avoid this bit altogether!!!!

Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

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Many ways to go on this one, Ladies. The situation and pressure with the banks is changing day by day.You could send it in early and that way show your resolve to go the distance, but by now I think the bank knows you will anyway. You could wait until the last moment to send the bundle and maybe they will call and settle (they called me on the morning I was going to post my bundle), that way saving the cost of posting.

Or you could ring them but my personal feeling is that would be a waste of time;they are very busy and will get to you when they have dealt with the queue in front of you.

Depends on how much you need the money and how much patience you have? If it was me, I would wait it out now; post at the last minute;hope they will call in time. Good Luck to both of you.

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good luck........

 

cant wait to hear!!

 

AD

Barclays

 

S.A.R - (Subject Access Request) sent 26.01.07

Schedule sent 28.02.07

LBA sent 14.03.07

N1 filed 10.04.07

Settlement 14.05.07 (£2270)

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  • 4 weeks later...

Slightly concerned - my letter from the court never set any directions about dates for court bundles - mines almost ready tos end, is it too late???

Halifax:

**SETTLED IN FULL 18/11/06**

 

Barclays

Court date set - 26th April!!

 

 

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hi Julie,

I have received my date this morning for April 13th [FRIDAY]

 

my letter states all paperwork relating to the hearing must be with all parties concerned NO LATER than 14 days BEFORE the hearing.

 

Original documents to be brought to the court on the day.

 

I would use this as a guideline, give yourself 14 days before the date.

good luck

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Thanks for the quick reply - you have made me feel a little better!! Good luck for your case - have you tried ringing or had any calls? Im tempted to phone but dont want to look 'desperate'

Halifax:

**SETTLED IN FULL 18/11/06**

 

Barclays

Court date set - 26th April!!

 

 

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