Me vs A&L

[noisypinkbubble]

MJ - I sincerely hope so!

 

I'll be popping online before I go tomorrow, so I'm sure you'll all hear about my nerves then. Right now am relaxed though

[noisypinkbubble]

Another question if I may. Following those instrurtions I'm not sure what to do about part 3, whether to include this section and the copy of the order. As I didn't fill in an AQ would it standing alone look out of place; my guy is to take it anyway (better be safe than sorry) I just hope I don't have to say much, I'm usually quite the talker but this will shut me up!

[GaryH]

Yes, take the draft order to propose to the judge. List the reasons why as per the post so you can tell the judge why the directions are appropriate.

 

Good luck, not that you'll need it - you'll be fine.

[noisypinkbubble]

Thanks all. Just got home, no cheque on the doormat so off we go. I can asafely say I'm ****ing bricking it, and if I get through today without dying of a heart attack I'm posting them a letter tomorrow asking them if the want to settle. I don't know how I'd do in a real court!

[jansus]

was just checking in my lunch hour how you were.

 

will look for news later

 

 

jansus:-|

[dizzykate]

good luck

[noisypinkbubble]

Thanks all. Am back in one piece.

 

There were 4 cases at the hearing, 2 of which were for A&L. 20 minutes in a solicitor turned up for Alliance, who were working on behalf of Wragges as (by his own admission) "when they have a lot of cases on going the agreement is we take cases on and vice versa"

 

I asked about amending my claim, the court has agreed I have until 7th June to submit the amendment and a witness statement in writing to them, and also to the defendant. Mr Askew (the sol) wanted then 21 days to react to that (i forget his wording) but I convinced judge 14 days would be more than adequate, being that the mistake was on the claim and had they read any of the correspondence I'd sent they would already be aware of the changes I need to make.

 

We are going for first available hearing after 16th July. Mr Askew wanted a day for his case, and a witness. My response was "I feel 2 hours would be more than adequate, given that the Alliance have a history of at least 74 court cases where the cases were settled prior to actual hearing" It was even more bizarre as the couple who were also vs A&L he only asked for 2 hours! As much as in other circumstances I'd certainly spend a day with him, it wasn't happening

 

So, mr solicitor was shaking more than me! The only argument he had was that myseldf and other party "had not particularised correctly" which Judge said wouldnt be a probvlem as I am amending anyway

[chubbas dad]

you done good....well done.... not as bad as you thought it would be.im real pleased you got what you wanted.one in the eye for the wragges,you are in complete control..........i fear you,so should a & l,

[MimiJane]

Well done Sounds as if you quite enjoyed tying the solicitor up in knots

 

You obviously stated your case well for the 14 days and I'm really pleased it all went so well.

 

Keep us informed how you get on ...

[noisypinkbubble]

Thanks MJ, chubbas. I was so scared. There was a guy they dealt with before me who was kinda angry and ranty, and I didn't say much at first, but afterwords they said I made some good points so I was happy. It was a rush afterwards, but I think if I can avoid court I most certainly will!

[jansus]

well done ! I really thought that the other solicitor would not turn up.

 

Dont give up now please - As you say most of the time they have settled before court anyway - you have paid your court costs anyway and if it is all over in a couple of hours wont it be worth it?

 

Personally ( and Only from my perspective ) if I was where you are now I would maybe give them one chance to settle -to cover the full charges and bank cost - less the 8% -if they refuse then go for it . I am sure you will get loads of help from the site. as far as I understand the only ones that have failed did not have the correct paperwork and the last one the guy did not even turn up for court.

 

Keep reading lots to keep up with how other peoples cases including other banks are going. Obvously if things change before the court date you can re-consider.

 

Also keep watching for successful cases in each forum -it might boost your confidence.

 

Only my opinion as I say - and I know its difficult as this seems to take over your life for a while.

 

But well done again for today!!

 

 

jansus:D

[dizzykate]

well done,

 

was thinking bout you this afternoon,

 

please it went well

 

kate

[MimiJane]

Maybe the bank's solicitor turned up as "an example". They know we all frequent these forums and swap notes, so know we'll all be made aware of the fact. Another frightening tactic to make us think they'll turn up at the hearings

[jansus]

probably right - thats why i spend a lot of time reading other bank forums to see what the advice is about being well prepared - especially LLoyds forum.

 

Hopefully if the site is re-organised a little there will be some updated instructions about what this actually means - and the pitfalls to look out for.

 

Besides the court bundle we just really need a kind of speech/summary in laymans terms of what we should actually say if questioned so we could be a little more confident before looming court case dates - just in case we do have to appear - even in a preliminary hearing.

 

jansus

[MimiJane]

Good idea ... a lot of this legal jargon goes right over my head (and others' I think ).

[zootscoot]

Well done Noisy!

[bsia666]

Can I pass on my well done as well..........................WELL DONE!!

 

 

from Mimi........"Maybe the bank's solicitor turned up as "an example". They know we all frequent these forums and swap notes, so know we'll all be made aware of the fact. Another frightening tactic to make us think they'll turn up at the hearings"

 

Nice incite Mimi, I like your leftfield slant RE this.

[noisypinkbubble]

Thanks again everyone!

I simply think he turned up because he was local, and there were two cases in the same hearing against the same bank. However, also received were two letters from A&L received 23/05 (before I received notification of the date - I got that on the 24th) one for each case saying due to the short notice and the costs (paraphrasing here) they would like the court to consider them attending by telephone!

My next questions is re amendment. I have been confirmed I can make the necessary amendments, the judge said I didn't need another N1 form. The amendment is such: The amount I am claiming is wrong, it doesn't match the partics. as I didn't include interest. The court cost increases when I put this on, so I am aware both the £35 non refundable amendment fee and the £40 fee for being in the next cost band apply. I want to send the letter off today, so am hoping someone can advise me what to write, how to state what I want. my partics. don't need changing, I just need the amount changing to reflect them, and a letter saying that which I can send to the court and also forward on to the defendants.

I am still considering writing with an offer to settle for the actual cost + court costs (but not interest), but won't be rushing with that!

[MimiJane]

How about something like :-

 

Re : Claim No/Noisy v. A&L

 

I attended a preliminary hearing on .............., at which time I made the parties aware of an error regarding my claim for a refund of bank charges, which I now wish to amend. To clarify, I included statutory interest on my Particulars of Claim which I omitted to include on my charges schedule. It was agreed by the judge that I have until 7th June to rectify this and submit the amended figure to all parties concerned, together with a Witness Statement.

 

By submitting an amendment, I am aware that I am committed to paying a £35 non refundable amendment fee, in addition to a £40 fee which applies to the next cost band.

 

I trust this now clarifies my claim and apologise for any inconvenience caused.

 

Noisy, hope the above helps. I did it in a hurry (about to go out), so do check for accuracy and play about with it.

 

 

Mimi x

[noisypinkbubble]

MJ that's great, but I wonder if i've not made myself 100% clear. my shedule matches my particulars, but the actual amount I put the claim in for doesn't match the two of them (because I didn't add the itnerest) Do we still think it would work?

[chubbas dad]

:o i have claimed the charges ie £34 here and there . i have claimed the interest on these charges at the 0.8% .but i havnt claimed the interest on the charges.:? will i be able to amened my poc to reflect this and raise my claim to near 5k from the 4k i have claimed?

[noisypinkbubble]

chubbas; All I've claimed for is charges + the interest calculated by the spreadsheet. my problem is I didn't actually input it right on MCOL, and input the total without the interest @8% (losing myself about £200) I haven't calimed anything more than that

[MimiJane]

MJ that's great, but I wonder if i've not made myself 100% clear. my shedule matches my particulars, but the actual amount I put the claim in for doesn't match the two of them (because I didn't add the itnerest) Do we still think it would work?

 

You could substitute the first para. for something like this :-

 

I attended a preliminary hearing on .............., at which time I made the parties aware of an error regarding my claim for a refund of bank charges, which I now wish to amend. To clarify, I omitted to include statutory interest on my Particulars of Claim, although they do state this is included. The interest is also omitted from my charges schedule. It was agreed by the Judge at the above hearing that I can rectify this and have until 7th June to submit the amended figure, including interest, to all parties concerned, together with a Witness Statement.

 

Hope I've understood this time ... difficult to get your head around these different scenarios at times:rolleyes:

 

Mimi x

[noisypinkbubble]

MJ you're a star, that's just what I wanted! I'm just brain frazzled after watching big brother last night and can't form a sentence without "Have it!" I shall tweak that slightly and attach witness statement. Thankyou thankyou thankyou a million times!

[MimiJane]

MJ you're a star, that's just what I wanted! I'm just brain frazzled after watching big brother last night and can't form a sentence without "Have it!" I shall tweak that slightly and attach witness statement. Thankyou thankyou thankyou a million times!

 

No problem ... I'm off to the shops now and then going for a few drinks

 

I always say I'm not going to get involved with BB, but always end up watching it. Already I can see Tracy winning, the "different" ones usually do:rolleyes: