steviec07 + A+L

[steviec07]

Hi

 

Thanks for that Vintage72.

 

Have just read yours and Emmas posts and will be sending in Rejection letter #3 as it was an offer for full and final settlement, but with no cheque sent or payment debited to my account.

 

I will also let them know I will be commencing court action on Monday 4th June. By then they will have received my letter and as mentioned above, the LBA timescale has expired.

 

 

cheers

 

 

Steve

[steviec07]

Another update.

 

Hello All

 

Tomorrow (04/06/07) I will be starting court action against A+L from my local court office. I will fill in and print off the N1_0102 from my own PC but want to make sure of a few things.

 

1) Do I just add the 8% interest amount on to the schedule of charges or do I need to print off the whole Excel list seperately and take that in as well.

 

2) I am not claiming OD Interest, will that matter?

 

3) I can still claim daily interest by multiplying Charges by 0.00022.

 

4) Do I put Bootle or Narborough for the Defendants address.

 

 

Sorry if they seem a bit obvious but just want to make sure.

 

 

Thanks

 

 

Steve

[jansus]

I filed by Mcol

 

narborough address used

 

I sent in by post the whole excel sheet with the 8% in the end column

 

I worked out the daily rate by just multiplying the end total of charges only(not the total with 8%) by 8% /365 it waorked out at 26p per day

 

The thread by michael browne was very useful.

 

Hope this was right.

 

I did not claim overdraft interest either.

 

 

I then copied everything including the claim number when it was issued to Bootle as well - only out of courtesy as all other correspondence had been with them.And they had answered previous letters (even if only to say bog off! )

 

Best of luck

 

jansus:)

[joe1969]

Hi Steve,

 

1 When i done my N1 i took 3 copies of this with 3 copies of my charges list attached to each one which included the 8% interest.

 

2 It wont matter about the overdraft interest.

 

3 Yes you can still claim the daily interest.

 

4 The address to use is Narborough.

 

Hope this helps

 

Joe

[steviec07]

Hi, thanks to you both for your answers.

 

Everythings been printed off now, so just a matter of calling at my local office on my dinner break tomorrow to start the ball rolling. Here's hoping for a quick conclusion.

 

 

Steve

[steviec07]

Hello All

 

Another update.

 

Went to local county court on 04/06/07 and filed my claim. Received a letter from the court on 12/06/07 confirming claim would be deemed served on A+L on the 13/06/07.

 

Received 2 letters on 21/06/07. One from wragge's, the A+L solicitor, with a copy of A+L's acknowledgement of their intent to defend and the other from A+L themselves with a cheque for £709, which included the previous offer made plus court costs of £120. This has been sent back with one of the rejection letters.

 

As it stands now, A+L have until 11/07/07 to put their defence in.

 

Any suggestions as to what to expect next. Plus a few questions.

 

 

What chance is there that A+L will settle on or before the 11/07/07?

 

If they put a defence in, how long before you get a court date and how soon after the 11/07/07 is the court date likely to be?

 

Roughly, what time scale am I looking at for this to be settled?

 

Any other comments etc would be welcomed.

 

 

thanks for your time/help

 

Steve

[MimiJane]

Hi there,

 

A&L have on quite a few occasions "forgotten" to put a defence in but, in the majority of cases, I think they have submitted one When they have done so, have a good read and, if they state you have not "particularised" your claim, send your spreadsheet to them saying you've already sent a copy to A&L and court (if you haven't do so) and you trust this clarifies your claim. If you are not sure of any other points, post on here so you can get help.

 

You then get your "Acknowledgement of Service" documents from the court, then "Transfer of Proceedings" from them, then a court date together with the judges "directions". The directions vary widely from judge to judge and you may or may not have to attend a preliminary/directions/allocation hearing, with a full hearing date set in the future.

 

It's vital of course you understand the directions and comply, so I'd post them on here where you'll get plenty of help. You may or may not be asked to submit a court bundle (normally in 14 or 21 days) ... more and more people are not being asked for one, so do your research but don't start printing anything. Also, in the same document. A&L/Wragge may or may not be asked to submit documents in a specified time. If they're asked to declare how they reach their costs/charges, it's very doubtful they'll submit anything and, at this stage, you could well win by default. (at least 3 of us are at this stage at the moment). Wragge have been known to attend preliminary hearings, but have never (as far as I'm aware) attended a full hearing, but it rarely gets this far without them settling first. They do tend in a lot of cases to take it (nearly) all the way.

 

From when you get A&L's defence to your court date takes weeks, sometimes months ... it depends entirely on how busy your local court is. In my case, I got statements at the beginning of January and it's still not settled. It was approximately 4 weeks from when I received their defence papers to when I received the court date and directions.

 

As every case is so different and there are so many different scenarios, it's likely you'll need help as you go along, so post away ...

 

Hope this helps

 

Mimi

[steviec07]

Hello All

 

Another update.

 

Today is the last day that A+L have to put in their defence.

As it stands, I have not received any indication that they have, no letters etc, and doubt there will be one waiting for me when I get home today.

 

So then, the questions are :-

 

Is it too soon to put in a Judgement in Default? I presume it is as if the courts only received a letter from A+L this week it would take them a few days to send a letter informing me.

 

What is the best thing to do? Should I wait another week to give any letters a chance to arrive? Any suggestions.

 

 

 

Thanks in advance for your help and replies

 

 

Steve

[MimiJane]

If Wragge were asked to submit their court papers by a specific date and you've received nothing, you're quite within your rights to get a letter to the judge the following day asking for judgement by default (as I did 2 weeks ago).

 

I rang my local court this morning and apparently the letter is still in a folder and has not been looked at anyone as they're so behind. I was asked to leave it another week and then ring again. Getting a little anxious as court date is 1/8! I'm going to "nudge" Wragge again and send a copy to the court, then will ring the court again in a few days time.

[steviec07]

Hello All

 

Another update.

 

Rang the local county court office last Friday afternoon and A+L have not submitted a defence The lady I spoke to advised me to send in a 'Judgement in Default' notice which I am going to do within the next hour and take it in myself.

 

So hopefully it looks like it's nearing a conclusion. A couple of questions.

 

After handing in the form, is there anything I should do, like wrie to A+L asking for my money?

 

Can I ask them to re-imburse some bank charges they've taken since I started the proceedings?

 

Can I get them to remove any adverse comments etc on my credit file?

 

How long before they make payment?

 

Any comments appreciated. Thanks as well to mimijane for your previous comments.

 

cheers

 

Steve

[MimiJane]

Hi Steve,

 

I've sent a "final" nudge letter to Wragge, asking them for full settlement as the court date is looming, and copied in the court. I emailed Wragge's copy and sent it R/Delivery also and took the court's copy down to them. I also enclosed the judgement by default letter previously sent to the court, together with the judge's Order ... in the hope of giving them a "nudge" also:rolleyes:

 

When I first rang the court chasing up a reply to my letter, I was told that the judge normally decides what he's going to do on the court day. I'll be ringing again this week to remind them that his Order stated that, if the defendant don't submit their papers, it will be judgement by default WITHOUT FURTHER ORDER:rolleyes: I would have thought that was plain enough and they ought to get their act together as court date's in 2 weeks!

 

I can't really answer your other queries Steve, except that getting the money will depend on how fast your local judge acts (my local court are weeks/months behind apparently!). Also whether your judge decides to make another Order and give them more time or make them pay you. He may also decide in court ... who knows:rolleyes:

[Jess68]

Wish i had that on my claim Mimi, 16 days til court and counting

[steviec07]

Hi Mimijane

 

Thanks again for your reply. It seems it's not quite all over just yet then.

 

From what I've read here and other posts would I be right in assuming that even tho the 28 days are up for A+L to put a defence in and even after submitting a 'Judgement in Defence', A+L can still submit a defence and have it accepted, thus prolonging it further.

 

I will go down to the local court and do the submission, then write to both A+L and Wragge informing them so and asking for payment a.s.a.p. and mention sending in the Bailiffs if payment is not received.

 

I will follow the legal route available rather than presume they will submit a late defence at some point. My understanding of it is, is that as they have not bothered with a defence they lose by default and I can carry on without need of a Judge's sayso in respect of sending in the Bailiffs etc.

 

cheers

 

Steve

[MimiJane]

Hi Jess,

 

Although I'll try to use this as "ammunition" in chasing the court, if they're that far behind they might just leave it 'til the court day as others (I believe) are also attending.

 

14 day here ...

 

Good luck Jess!

 

Mimi x

[MimiJane]

Hi Mimijane

 

Thanks again for your reply. It seems it's not quite all over just yet then.

 

From what I've read here and other posts would I be right in assuming that even tho the 28 days are up for A+L to put a defence in and even after submitting a 'Judgement in Defence', A+L can still submit a defence and have it accepted, thus prolonging it further.

 

I will go down to the local court and do the submission, then write to both A+L and Wragge informing them so and asking for payment a.s.a.p. and mention sending in the Bailiffs if payment is not received.

 

I will follow the legal route available rather than presume they will submit a late defence at some point. My understanding of it is, is that as they have not bothered with a defence they lose by default and I can carry on without need of a Judge's sayso in respect of sending in the Bailiffs etc.

 

cheers

 

Steve

 

Yes Steve, on my Order it stated there would be judgement by default WITHOUT FURTHER ORDER if they submitted their papers. If this bit wasn't in your order, the judge will have the option.

 

I've seen a couple of "further" orders on various threads, where the judge has given them extra time of 2/3 weeks.

[steviec07]

Hello All

 

Another update.

 

I have just received the letter today from my local county court confirming the Judgement in Default I filed against A+L on the 16th July 07.

 

My next step now is to phone Wragge, the A+L solicitors to see about getting paid. I will mention sending in the bailiff's to see if that will help things along. Don't want to give them anytime to apply to the court for a stay etc.

 

I read on here the other day that someone actually rang them to see if they would settle out of court as the court date was close and they did. Also, they got paid the same day. So got my fingers crossed.

 

I'm gonna try and see if they will re-imburse me for charges applied to my account since I first filed my claim. They probably won't but no harm in trying

 

I'll be ringing Wragge within the hour, so that leaves enough time for anyone to leave any advice etc.

 

I'll keep you posted.

 

cheers

 

Steve

[MimiJane]

Well done I first applied for judgement by default on 29/6 and it took the court 3 weeks to let me know I needed to fill in a specific form (last week), and that was only because I was constantly pestering them:rolleyes:

 

Good luck with the 'phone call and don't forget about wasted costs. You can always try asking Wragge first but, when they say "no", you can submit a schedule to the judge, see here :-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

 

Keep us informed. I'm just behind you ...

 

Mimi x

[steviec07]

Thanks for the reply Mimi

 

Hopefully, this is near to a conclusion now. Bit nervous about ringing Wragge's but should be ok.

 

Just hoping that nothing else crops up that puts a delay on it. If so, I'll have to get 'heavy' with them and use the bailiffs and the wasted costs order as leverage.

 

I'll get onto it and keep you informed.

 

 

Steve

[steviec07]

Hello again

 

Quick update.

 

I rang Wragge this morning and had to leave my number as the person dealing with it, Susan Land, was in a meeting. I was told she would call me back.

 

After waiting til 3.30pm, I rang again but she is still unavailable (on a call) and no-one else was there who could deal with it. I've got her email address and will send her a message in a few minutes. I'm just wondering if anyone can offer some advice as to content/approach of the email. Should I use the pay up or else approach or be a little more subtle.

 

Also, does anyone have any experience of dealing with Wragge and if so, are they likely to try putting you off speaking to someone while they try and push something thru the courts.

 

Any help/advice appreciated.

 

 

cheers

 

 

Steven

[steviec07]

Hello All

 

Another update.

 

Yesterday I sent an email to Susan Land at Wragge & Co informing her of the Judgement in Default and asking for immediate payment. I also faxed Alison Riley, Customer Services Manager for A+L in Liverpool, a similar message, informing her of the JID and asking for payment to be made.

 

Both messages mentioned sending in the Bailiffs if they failed to respond.

 

As of this moment neither have replied so now I'm thinking about the next step to take. Just thought I'd run this past the more experienced people on here. Basically, I'm going to send an email/fax to both persons again today, giving them until 3.00pm to respond otherwise I'll start enforcement proceedings.

 

Just for clarity, I applied for the JID on Monday 16 July and it was passed on the 25th July and I received the letter on 30th July. I presume enough time has passed to do what I intend.

 

2 questions;

If it comes to sending in the bailiffs, is it my local branch that I send them to or one of their head offices?

 

Will this test case have any bearing on my being able to do what I intend?

 

 

Thanks

 

 

Steve

[steviec07]

Quick update

 

Have emailed/faxed both persons mentioned above. Have given them both a deadline of 3.30pm today to respond otherwise I commence enforcement proceedings immediately.

 

Will let you know how it goes.

 

 

Steve