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has any body any advice on what to do if the bank quotes the berwick judgment in court ? i know this is early days on the and it is still open to appeal but im starting put a bundle together and every bit of info that i can drop onto A&L will help no end.

kind regards

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Hi again - it has been over a week since I had a letter from the Court to say they were transferring my case to my local small claim court. I have had no AQ and just seem to be doing nothing. Am very worried since the Lloyds case. Do you think we still stand a chance of claiming back our money or do you think the Banks will defend themselves. Thanks

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Bubbles,

 

Sit tight, do not worry. The Lloyds case was erroneous and is being correctly challenged. The banks know this, they may try to scare you off quoting it, but don't be hoodwinked :)

 

You can always ring your court for an update if you so wish.

 

I am sure we will here of your win shortly :D:D

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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I'm in the same boat as you Bubbles ... still waiting for a court date.

 

Can anyone tell me if now is the right time to send a draft order for directions, or is it wise to wait to hear from the court to see if the local judge needs an AQ first?

 

Any advice appreciated.icon7.gif

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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hi

im pretty much at the same stage as you

i have the defence papers from the court and im just waiting for a court date, i would say start to get your bits and pieces ready in case you have to go to court, there are some good links on the site to help youi dont think it will do you any harm in getting ready early so you are prepared for the worst

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Hi bubblesdarling

 

I got the letter from solicitors saying they intended to defend, letter from court confirming this, then few days later got the defence, I rang the court today and they said to complete AQ which I printed off through link on here and am going to take it in tomorrow. Clerk at the court said they have to complete one too, dont know where they get theirs from assume the court sends it will see what the post brings tomorrow. they have in my case until 17 May to get it in.

 

If you did your claim online there is something on here bout AQ not being sent out http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html?highlight=allocation#post695176 (think thats how to link to it!!)

 

 

Hi Dizzy Kate

 

I was wondering how your case is going. I am in exactly the same position as you. You said that they have until the 17th to return there AQ. Did they return it? If so, what happens now? have they asked for anything etc or is it just to wait for the court date?

 

Sorry for all the questions, Your the only person that seems to be in the exact same place as me, just 10 days ahead.

 

If anyone else is in the same place with waiting for A&L to return their AQ to the local curt, then please let me know how yours is going.

 

Many thanks

Claire

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hiya claire

 

I got a copy of their AQ they requested the fast track option but said they had no witnesses not even themselves? Then I got a letter offering me under half of the amount I am claiming thats the difference between charges and total of £12 that the OFT have recommended - they gave me until 18 May to accept it, I can keep my account open etc..but accept that any future charges will be at the standard rate. I sent a letter back rejecting this and quoting a bit of a letter that A & L sent in response to LBA the bit about the OFT recommendations only applying to credit card charges so were they not contradicting themselves really. I said I would settle for about £500 less to settle early. Dont really know why I did that as I did not think they would accept. Anyway both AQ are filed in court but court says they are really behind and the AQ wont get looked at for about another two weeks then it will go into District Judges box for allocation so could be weeks before get a court date. Have looked up the implications of Fast Track and hoping Judge does not decide to allocate it there (claims is over £5000)

 

Have you heard anything yet from your Court? I think hearing nothing is worse than getting letters off them.

 

Let me know how you are getting on.

 

Kate

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hiya claire

 

I got a copy of their AQ they requested the fast track option but said they had no witnesses not even themselves? Then I got a letter offering me under half of the amount I am claiming thats the difference between charges and total of £12 that the OFT have recommended - they gave me until 18 May to accept it, I can keep my account open etc..but accept that any future charges will be at the standard rate. I sent a letter back rejecting this and quoting a bit of a letter that A & L sent in response to LBA the bit about the OFT recommendations only applying to credit card charges so were they not contradicting themselves really. I said I would settle for about £500 less to settle early. Dont really know why I did that as I did not think they would accept. Anyway both AQ are filed in court but court says they are really behind and the AQ wont get looked at for about another two weeks then it will go into District Judges box for allocation so could be weeks before get a court date. Have looked up the implications of Fast Track and hoping Judge does not decide to allocate it there (claims is over £5000)

 

Have you heard anything yet from your Court? I think hearing nothing is worse than getting letters off them.

 

Let me know how you are getting on.

 

Kate

 

Hi Kate

 

Haven't heard from court. I did call them and they advised they have received my AQ. I asked about the particulars and she said I didn't have to send them in yet as the judge hasn't asked for them (hasn't looked at it yet). I advised I would send them in anyway to save time.

 

I have completed them this evening and will post registered/recorded 1st class tomorrow.

 

They have until 27th (I think) to get their AQ in. They will probably leave it until the last minute.

 

I will keep you informed if you will, lol

 

Thanks

Claire:)

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ok claire

 

let us know what their AQ says. I was really careful filling mine in making sure it was all ok etc. Theirs looked like they had rushed it still they are the professionals must be ok to do this lol thing is on the back of my defense was a list of charges (the one they said they did not have !) and there were some missing and there was no total and they had added one that is outside the 6 years. Like they are not taking all this seriously

 

regards

 

kate

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Your claims are on track. From what I see of All&Pester they will drag it out as long as they possibly can, hoping that you will accept a lower offer or bail out of it all together.

 

They do appear to badly complete AQs etc, as they have so many of these things to get in on time.

 

Sit tight your cheque will arrive eventaully, dont let them fool you in to settling for less.

 

Also after the matter is settled make a wasted costs claim against them, their abuse of the judicial system is unacceptable ........................ :D:D

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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Definately, thanks sergeant just the kind of upbeat thinking I need this am.

 

I started this off really positive just a bit nervous of all the paperwork making sure it all spot on, have seen district judge tear a strip off a solicitor for local borough council for inaccurate evidence. Alliance & Leicester seem to take it to the limit though and it all gets a bit demoralising

 

Cheers

 

 

Kate

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  • 1 month later...
hi

have waited for ages for court date

must be best part of nearly 2 months

has anyone got a clue what i might do next as i have not heard a thing

thanks

 

It does seem a long time to wait ... you could try ringing them icon7.gif

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Sorry has your case been transferred or still with MCOL?

 

I emailed them with my case number and they told me transferred to local court before I got written confirmation.

 

Jansus:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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its been transferred to my local court from mcol which has been confirmed but i have not have not heard a thing from my local court as yet

 

Have you tried ringing them yeticon5.gif

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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yes do ring - i rang mine today and they were very helpful- said they had only just recd papers form MCOL and that they may not dipense with the AQ after all - just wait for judges directions in due course.

 

not at all scary (so far!)

 

jansus:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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