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i think i've been struck out-i have till 15th pls pls help


boltonangel
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Dont worry

 

When you get to court, claim it then along with interest

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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  • 2 months later...

What was the date that your claim was deemed to have been served?

 

They have either 14 days from this date to file an Acknowledgement of Service or pay. If they file an acknowledgement of service they get a further 14 days in order to submit a defence.

 

Presumably as they have acknowledged your claim, they intend to defend, so you should hear again shortly.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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oh, and since we sent the lba my hubby was sent a default notice and told to clear his £1k overdraft immediately, we couldn't do this, so hubby accepted the deafault notice. RBS then said the acc was closed, but still continued to charge hubby for ddr's that were unpaid (£38 charge for £20 direct debit!!)

so he rec'd his stmt last week and there are around £180 worth of charges - how do i claim those, i already filed a moneyclaim b4 i was aware of them.

 

have i left it to late - also can i claim £30 default notice fee back?

 

pls reply

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you can wait until they offer to settle in full and then simply ask if they are prepared to refund the charges made whilst your claim has been ongoing or do they want you to start a new claim for their return.

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hi

 

on moneyclaim it shows rbs acknowledged my claim on 18/09/06 -

what is the latest date that i should hear from them?

 

They have 14 days from the acknowledged date to enter a defence. However the full time allowed is 28 days from the date the claim is deemed served.:grin:

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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oh, and since we sent the lba my hubby was sent a default notice and told to clear his £1k overdraft immediately, we couldn't do this, so hubby accepted the deafault notice. RBS then said the acc was closed, but still continued to charge hubby for ddr's that were unpaid (£38 charge for £20 direct debit!!)

so he rec'd his stmt last week and there are around £180 worth of charges - how do i claim those, i already filed a moneyclaim b4 i was aware of them.

 

have i left it to late - also can i claim £30 default notice fee back?

 

pls reply

 

Hi if the default is because of charges you can have it removed there is a thread regarding default removal. Also contact the bank and state that will file a seperate claim for any further charges ask them how they can continue to add charges if they account is closed.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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You will have to send another LBA for these charges; the Court cannot amend the moneyclaim once it has been filed. I can be done but you would need to submit an application and request to re-serve the claim. In order to do this you would need to complete an application notice (N244) detailing the changes you would like to make and send this to the court along with an N1 completed with the correct claim details.

 

Frankly in my opinion it's not worth it at this stage.

 

I would begin a new claim for these charges and the default fee and would be tempted to wait until this claim was settled and request that they add these charges to your payment.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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hi

 

i have taken rbs to court via moneyclaim - but they have filed a defence against me.

 

i am willing to go to court so i filled the questionnaire in and returned it with the requested £100 court fee because it was over £1.5k (this is in addition to the £120 i already paid on MCOL website)

 

i was just wondering whether this was the done thing or not - i've not heard of the additional £100 before.

 

pls advise

 

thanks

 

sarah

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mine was about a month but really does vary on how busy the court is.

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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hi

 

Today i have rec'd a copy of Cobbets court questionnaire stating that they intend to have my case sticked out of court due to cpr 3.4 (2) (a), due to a lack of reasonable grounds to bring the claim to court.

 

it sounds like the cpr 18 which others have mentioned - is it?

or do you think my case will be struck out of court?

 

also cobbets state that they asked to remedy the lack of particularity in the particulars of claim - but they didn't.

 

please, please help - i don't want to lose my court fee's.

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hi

 

Today i have rec'd a copy of Cobbets court questionnaire stating that they intend to have my case sticked out of court due to cpr 3.4 (2) (a), due to a lack of reasonable grounds to bring the claim to court.

 

it sounds like the cpr 18 which others have mentioned - is it?

or do you think my case will be struck out of court?

 

also cobbets state that they asked to remedy the lack of particularity in the particulars of claim - but they didn't.

 

please, please help - i don't want to lose my court fee's.

 

What did you actulayy put in your particulars?

Consumer Health Forums - where you can discuss any health or relationship matters.

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hi

 

i don't know how to show you a copy from mcol.

 

i sent a letter to the sols and the court showing my correct particulars of claim earlier this wk.

 

i have contacted the allocated court today and explained what i have done. The guy said that it shouldn't be anything to worry about, because the Judge will have to give me a chance to rectify the problem if it does get struck out of court. He also said that the Judge should appreciate that i am a lay person.

i also double checked the progress of the claim with him. The Judge reviewed the cases yesterday, the letter hasn't been noted (but they are 5 days behind) it didn't say anything else.

 

i am still really nervous - i was so stupid. Can't afford to lose the court fee.

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If you have sent a letter to court and to the solicitors with your full POC's then you have done all you can at this stage. The solicitors are going to try and frighten you - they have very little other way of deflecting claims.

 

What they are saying is that they intend to make an application to court asking that your claim be struck out under CPR 3.4. This will only be allowed if the judge believes that you have no possibility of winning. As you have explained the situation, and sent the POC's, the judge will have to take this into account.

 

I would expect that one of the following will happen:

 

a) No application will be made - as the solicitors will have received your letter and know that there is no point.

b) The judge will disallow the application - as your revised POC's will be with your documents.

c) Ask you to reword your POC's within 7 days - then you need to contact the court and ask what has happened to your letter and revised POC's as you have already complied.

d) Worst Case Scenario - and extremely unlikely - Strike out your claim - at which point you should apply for that decision to be set-aside.

Alan, Derby, UK.

 

 

 

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________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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  • 2 weeks later...

hi

 

got a letter from cobbetts yesterday offering £1000 in full settlement (they owe us £1945 - plus court fee - plus acruing charges since taking it through mcol)

 

do i accept part pymt, but state that i am still gonna take it all the way, or do i just say keep it and i'll take it to court?

 

one thing is - when i filled in the mcol app form and the allocation questionnaire i didn't put all the technical terms in for the reason i felt the charges were unlawful. i have since realised my error and sent a copy of the reasons (cag template) to cobbets and the court. will that mean that i could be struck out of court anyway?

 

also - is now the time to bring up the additional charges since we took them to court?

 

my reply has to reach them by tuesday 28th.

thanks in advance.

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