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Me vs A&L


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Here's the letter I'm sending then :

 

I attended a directional hearing on 31/05/2007, 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 not however 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.

 

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. Both of these fees have been enclosed.

 

The Claim Form submitted states (a) return of the amounts debited of £953.50; (b) Interest per S.69 County Courts act1984 of 8% - £132.57 continuing at 8% until judgement or settlement at a daily rate of £0.21 making a total including costs of £1,033.50.

I wish to amend the total to £1208.37, this figure includes the interest as stated in my Particulars of Claim, and my schedule of charges; plus the additional £40 court fee applied to claims above £1000.

 

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

Kind Regards

noisy

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I rang the court yesterday, with it being my 6th day and my having sent the amendment on the 1st and not hearing anything (I couldn't confirm if the cheques were cashed either) I got hold of a lady who said the judge was wrong telling me I don't need an N1 form, that I have to send three back, with a new cheque for the £40 (the £35 is not payable) and that all my details should be back with me anytime. They were at home when I got there at 5 yesterday, leaving me no time to action anything.

I've brought my N1's into work to fill in when I get a quiet moment, with the intention of walking it over to the court by hand (as today is the seventh day) BUT I don't have my chequebook here (i was 100% it was in my desk, but its not) They don't take electronic payment, so I'm totally stuck, Best case scenario is I fill it all in, find chequebook tonight and hopefull get it in tomorrows post / hand drop it tomorrow, but this is outside the 7 days they gave me through no fault of my own!

I don't want it to be struck out after the judge told me (in front of 4 other people) I didnt need those forms :( I know I have to fill them, but it's putting me over the specified time limits. how has this managed to go wrong every step of the way so far?!?

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To update, I walked the forms over Thursday, the girl at court started off refusing to take them as "The fee is 120, you've only got a cheque here for £40" After explaining 3 times I managed to get it through.

 

I received today the 2 copies to file out, and I have a question. if I post to A&L monday (as post office shuts at 1 today) what date do I need to put as "date of service". I'm posting first class monday, so ideally they'll have it tuesday - should I put wednesdays date or later even?

 

Advice greatly appreciated!

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hi

 

sorry to see you did no get reply - how are you getting on?

 

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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Jansus - I'm all sent off, received and reserved so now it's just waiting, they get 14 days from the date of service to "react" to the changes (which they don't need as it is exactly what I've been telling them all along) then we wait for the court date. I want them to talk about an offer, it's been going on since january, it feels never ending!

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Hi Pinkbubble

 

I have been reading through your thread with great interest. Good on you for shutting the solicitor up. I have today received a Notice of Allocation or Listing Hearing for 2nd July. The judge is trying to identify wether my case is suitable for Fast Trackb (whatever that means):confused:. By the sounds of it there will be a few of us there at the same time. Should I take my Allocation Witness statement with me, cos surley i want the case to be heard as a small claims???? (claim is for £1500). Any help would be appreciated.

 

Caza

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Chubbas - thanks :)

 

cazawilson - I would say take everything you might need - better be overprepard than under. They didn't take a witness stament off any of us, although they did ask us to submit it in writing after the hearing

 

I GOT MY COURT DATE

 

4th September.

 

I could have gestated and had a child in the length of time this will have been going on should it get to there!

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  • 2 weeks later...

Blimey Sept! seems ages away.

 

Just hope a few of us here win before then to boost you along

 

Jansus:) (no court date yet)

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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Hi Noisy.

 

Just been reading your thread with interest, I am claiming £1300 for my Nan and she has a prelim hearing on Friday (6th July). What sort of questions do they ask and do i need to take the terms and conditions or anything specific (I have a file with all the statements / letters / forms in which are in date order which I will take) but I dont want to mess this up for my Nan as she is skint and needs the money!

 

Also, wonder how cazawilson got on as court date was today - will have a look.

 

Thanks in advance for any help, I really appreciate it.

 

C

[FONT=Comic Sans MS][SIZE=4][COLOR=magenta]C [COLOR=black]& [/COLOR][COLOR=blue]D :) [/COLOR][/COLOR][/SIZE][/FONT] [COLOR=black][FONT=Comic Sans MS][COLOR=mediumturquoise][B]HSBC[/B][COLOR=#000000]- Full settlement received & spent! £1,477.93 :-) [/COLOR][/COLOR][/FONT] [COLOR=mediumturquoise][FONT=Comic Sans MS][COLOR=mediumturquoise][B]HSBC claim 2![/B][/COLOR][COLOR=#000000] - Full settlement offer received 27/06 - £1,116 :) [/COLOR][/FONT] [FONT=Comic Sans MS][FONT=Comic Sans MS][COLOR=mediumturquoise][B]A&L[/B][/COLOR][COLOR=#000000] (for my Nan) - full settlement received on day of prelim hearing - approx £1500 :-)[/COLOR][/FONT] [FONT=Comic Sans MS][COLOR=mediumturquoise][B]Halifax[/B][/COLOR][COLOR=#000000] - (for a friend) - full settlement received 30/06 - £2576! :) [/COLOR][/FONT] [FONT=Comic Sans MS][COLOR=mediumturquoise][B]Barclays[/B][/COLOR][COLOR=#000000] - (for a friend) - Court forms were due to be submitted but he wants to wait for results of the court case with OFT[/COLOR][/FONT] [/FONT][/COLOR][/COLOR][FONT=Comic Sans MS][COLOR=#000000][B][COLOR=mediumturquoise]A&L[/COLOR][/B] - (for a friend) - court forms submitted - claim 'stayed' due to OFT case[/COLOR][/FONT]

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  • 5 weeks later...

Hi all. I'm in a bit of a quandry. I'm due in court Sept 4th, and I haven't yet prepared my court bundle. I've been going through a bit of a harsh breakup and it's really been out of my head. I'm not sure what goes on with people like me with this test case happening, if my claim will continue or what, but i'm close to jacking it in at the moment, I don't feel I have time time or energy for it. I know my bundle will be due in the next week - how would one go about cancelling a case?

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Hi there,

 

Pleaseeeee don't pack it all in now after all your hard work so far:shock: Once the bundle's out of the way, it's plain sailing and you'll also get back your court fees, etc. Your court date's not far away, which means your money isn't far away either!

 

I'm so sorry you've been having a hard time of it and you must be feeling emotionally drained and exhausted, but this may help take your mind off things a little and you'll feel so proud of yourself when it's all over!

 

I'll have a look back over your thread to see if I can find what you need. If it's not there, please post your directions and I'll help you all the way.

 

Mimi xxx

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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Listen to mimi, I sat down to start my bundle the morning that the test case was annouced and was ready to just give up. I won't lie and say the bundle was easy, it took a little thought and a lot of photocopying but I got it in on time with the help of the guys on here. I'm glad I did it as W&Co have now missed their deadline and so I am now hoping for a judgement due to default.

If you want any documents for your bundle just PM me and I'll try and help.

Chin up.;)

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Awwww hunny it would be such a shame to give in now, and after all you have been through winning this case could give you the boost you need, we are here to help you and give you all the moral support you need, and anything you are unsure of just give us a shout and we will help. We have been where you are now and it is kind of a turning point but you have come so far.

 

I have a zip version of my bundle i would be happy to send you, that way you just have to add your personal correspondance and edit some of the items to suit your needs. Even if you just want to have a look before you make a decision. Pm me your email address and i will send it over to u

***************************************

Feels like a lost little girl x

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Thanks for the support everyone, it just feels a bit like its on top of me now. I can't really afford to lose the money I've already paid, I was hoping they might have made an offer by now : ( Any help is greatly appreciated, the letter I got from the court about my date / bundle was moved *somewhere* by the ex, so I had to ring them for the details. I still have all my correspondence Ive sent them and everything.

 

Jess my email is tegill (at) blueyonder (dot) co (dot) uk (obv without the brackets and with .'s), I'd appreciate any help you can give me.

 

Thanks so much

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Please post your "Directions" on here, i.e. what the judge has asked you to submit, so we can help youicon7.gif

 

Mimi x

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 again,

 

You said you had to ring them for the details ... what did they say? Have you got to produce any sort of Statement of Evidence of Witness Statement as far as you know?

 

Mimi x

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 again,

 

You said you had to ring them for the details ... what did they say? Have you got to produce any sort of Statement of Evidence of Witness Statement as far as you know?

 

Mimi x

 

 

When I rung them all they told me was the date and time, they wouldn't confirm anything else.

 

I gave a statement of evidence at my preliminary / directional hearing, will I need another?

 

Thanks MJ x

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sorry to hear your news:(

 

You seem to be getting a lot of help and support - so try and carry on if you can.My tactics are going to be to carry on quietly and then hope they fail to get their papers in on time - and then only give them a nudge one or two days before the court date- then hopefully they will be panicking.

 

As far as I know it is up to the court not the bank as to whether any stays are granted - so fingers crossed you will win.

 

best of luck:)

 

I am hoping to start my bundle in the next few days.

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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Ok hunny its on its way, let me know if you have any problems and i will break it down and send it in smaller sections

***************************************

Feels like a lost little girl x

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That's great if you've already submitted it. Presumably you've still got a copy so I'd submit the following :-

 

- Statement of Evidence

- Charges Schedule

- Bank Statements with charges highlighted (just the ones with charges on)

- Basic Court Bundle

- Copies of all correspondence you've sent and received from all parties

- Terms & Conditions for the start of your claim year and the end

- Relevant case laws

 

I'll send you my Document Index and some other bits and bobs to help. Shout for help with T&C's, etc. or any other reports you can't find.

 

Mimi x

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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thanks for the help so far Mj & jess, you're amking it so much more straightforward to me. I have to get as much printing done today as poss as can only do at work, but the t&c library link are rapidshare which is blocked :( Can anyone copy & email me the t&cs for Sept 2002 / April 2007? If so pm me and I'll give you a work email addy. Thanks!

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Hi Noisy,

 

April 2007 here :-

 

http://www.alliance-leicester.co.uk/currentaccounts/ec03964.pdf

 

Just having a look for your 2002 ones now.

 

Mimi x

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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Can't find 2002 ... sure I've looked for these quite a few times before with no success. The nearest ones seem to be for July 2003 and I think people have been including these instead and making a note on the index that they're the nearest they can find :-

 

http://www.alliance-leicester-group.co.uk/html/csr/termsandconditions.pdf

 

It could well be that none were produced in 2002 so, if no-one else can help, I'm sure you'll be OK with these.icon7.gif

 

Mimi x

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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