Need help! AQ sent, need the court bundle?

[will_cosworth]

Ok guys,

I sent a rejection letter a few days ago as they were not offering me the full amount, I now need to send the court a full Pack of my defence!!!! this is what I need to send.

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

Now, I can do A and B easily, but what the hell do I use for C+D?? . I have only got a few days left as well, as I have been working away and need to get this sent off by friday . Any help would be appreciated :grin: , and any additional info would also be useful :grin:

[Rooster-UK]

Hi Will.

 

Check out Bookworm's Basic Bundle......

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

Also check out this link....

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html

 

Hope that is of some help.

 

Good Luck.

 

Regards, Rooster.

[lateralus]

also, this is all on the thread i wrote - when you have filed you aq..........

when is it due and how do you know - have you had instructions from the court?

[will_cosworth]

yes I got the instructions, they are dated the 07th of March!! As I said, I work away from home, so only picked this up at the weekend, And It has to be in on wednesday I think, do they give a couple of days grace or are they fairly strict? If you have a link to yomur thread that would be great! Cheers, will

[lateralus]

the bundle or the aq? it seems very quick for the direction order to have been sent plus the 2 weeks they usually give.

 

When you have filed your AQ................ (1 2 3 4 5)

lateralus

 

sorry i'm not back til later now.

[will_cosworth]

I basicaly need to send in my entire case, and what I am basing my claim on..... they have asked for the items in post #1, A is just a list and breakdown on charges, B is a copy of each statement, not got a clue for C+D.

[lateralus]

c and d are pretty clearly spelled out for you in that link of mine above - post number 1 - just keep scrolling down to c and d

[will_cosworth]

Ok, I have just got home, and I have had another letter offering near enough full settlement!!! For £100 I can't be bothered to argue, Do I still need to send all of this stuff to court, as the deadline is tommorow, or Do I Write the court a nice letter saying action has been suspended/halted subject to payment of the agreed sum????

 

Thanks for all your help guys, especialy Lateralus and netty!!!

[lateralus]

ok, here's i would do:

 

1. ring the court and Tell them you wish to delay the deadline for the court bundle for one week to reach a resolution as you have received an offer and responded to it. They will probably ask for it in writing

and then send a note to the court referencing your claim number - let them know you have received an offer and are in touch with DG and expect a resolution very soon and will write to them again when it has been received and ask them then to halt the claim at the point when the money has been received.

 

2. i'd give it one last ditch effort with this letter (you are saying they are about 100 short and if they haven't specifically mentioned the aq payment, let's send this letter back:

you fill in the bits missing:

 

Date

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Dear Whoever sent the offer

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter dated xx/xx/xx and your settlement offer of £XXX and thank you for it.

 

Unfortunately your offer has failed to include my allocation fee of £100 and therefore I am unable to accept your offer as full and final settlement until you agree to refund this amount. The total amount I wish to be refunded is £XXXX (make this their offer plus £100)

 

As soon as I receive confirmation from you that you agree to this increased figure I will accept the new offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim of £XXX

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

If I have not heard from you within 7 calendar days I shall have to proceed with the court deadlines.

 

I look forward to receiving your revised offer

Yours Sincerely

 

 

sound ok to you - i think you'll get it back with the extra hundred quite quickly. if you want to just take it as it is - feel free - this is just an option - but i'd still do number 1 above.

don't halt the claim until you receive the money.