Confused over statements!

[juliekaye1982]

As predicted bobtheb was right, acknowledged on the 8th.. with only 4 days left. now got to see what happens

[juliekaye1982]

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!!

[Welshman]

No, the 14 days include weekends and Bank (public) Holidays.

[juliekaye1982]

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!

[juliekaye1982]

Ok, so quick update! just sorting out my AQ and everything and it has been transferred to my local court, getting nrevous now

[juliekaye1982]

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

[juliekaye1982]

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!!

[juliekaye1982]

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!!

[LadyMaria]

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

[Luddolube]

Hold fast, Julie. Court will get back to you. Barclays will fold. You will win. Be patient. Be strong.

I won yesterday. Barclays offered full refund.

You can do it.

[juliekaye1982]

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?

[Luddolube]

Try the basic court bundle in the bank templates library, Julie. It's the one I nearly used (lol) (Barclays called just before I could send it. See my thread)

[juliekaye1982]

Update - letter from courts advising my claim is now on small claims track and a date will be fixed in due course....

[Falcom]

Good Luck

[Luddolube]

well done, Julie. Not long now.

[juliekaye1982]

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?

[LadyMaria]

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.

[juliekaye1982]

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!!

[LadyMaria]

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!!!!

[Luddolube]

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.

[juliekaye1982]

Thanks for the advice, im sitting on everything and waiting it out

[AD33]

good luck........

 

cant wait to hear!!

 

AD

[juliekaye1982]

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???

[dar£n]

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

[juliekaye1982]

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'