New---after 28 Days - Maybe No Aq!!!!!!!

[russmuss]

Thanks Oyster - have read through the posts there but think they are different as they are about pre-trial reviews. My letter doesn't mention that but just asks for particulars of claim. Just wondered if the standard particulars will be enough ?

[querkyone]

Russmuss,

 

I had an identical letter from my local court some weeks ago.

Have you sent down a full breakdown of charges from the spreadsheet you intially filled out??

 

I am guessing this is what they want.

If you are in any doubt, give your local court a call and ask them specifically - local court staff are overworked, but very helpful in my experience.

 

Querky

[russmuss]

Hi Querkyone

Thanks for your reply. I have prepared a reply to the court with particulars of claim as are written on this website and I have enclosed the schedule of charges - I haven't broken down the charges - do you think I should ? What did you send back to your court ? I wondered if the standard particulars of claim were sufficient and yet dont really know how to make them more detailed - I mean what more can you say other than they have charged this money unlawfully and quote the relevant Acts ? I did ring the court and the bloke there was really nice but said he couldnt tell me what to say only that the judge wanted info about my claim, so . . . . . . . . . . . maybe just send that and wait and see !! Are they likely to throw the case out if my details arent detailed enough do you think !! ?

[lateralus]

if you started with mse or bbc sites - their idea of a schedule of charges isn't descriptive enough - the schedule should be in the form of a list (or spreadsheet) oldest charge first working through to newest and every charge must have a date, a name (what it is called on the statement), the amount of the charge. added up, then add on the 8% interest then add on the court filing fee and allocation fee (if you paid one). then a grand total. it's that description of each charge - the name - that isn't pointed out on those other sites. this is what they want to see - so, get it to them as soon as possible - put the claim number on it and copy it to dg. is this more than what you sent in the past? that will be what they want.

i've just reread your post again and if it's the particulars of claim they are after - i'll pm you mine - they should look like that - if not - use mine - with you figures and get it to them.

[russmuss]

What a star - thanks for that, Ive used yours - with my details of course - sounds a thousand times better than mine. Spreadsheet lists the name of each charge and Ive added the court cost and interest. Thanks again for that - really grateful for your help.

[TUTTSI]

Hi all, just thought I would share this with you all as it is a D & G Solicitors acting for GM Card ( HSBC) I was recently offered settlement the week before my case and I signed in full and final settlement. The only thing they ( D&G) would not pay was my time for the preparation of my bundle of £50. In my case having followed the wonderfull Garyh's Q8 on the AQ, my Judge gave orders that the defendants had to file their evidence into court by a certain date otherwise they would strike out their defence. The day came and went and no bundle so Garyh again helped with a letter to the court requesting the strike out of the defence and request judgement, I also asked for costs. Now the case has been settled but today, guess what i received a Judgement from the court for the £50, the judge has awarded me this for my time in completing my part of the claim. I had actuall asked for 7 hours at £9.25 which is £64.75 and the Judge awarded £50. Do you think that D & G will cough up!

DS

[nettyg]

probably!! another letter detailing the amount for charges, costs and time for completion - why not? lol

 

i wish i'd though of that one (crys) lol... good luck

[MimiJane]

Hi,

 

I just want to check on the wording of the second "nudge" letter where the daily rate is mentioned.

 

Should it read like this :

 

"I am willing to accept the sum of £xxxx (total claim & AQ fee), plus 0.xxp per day from the date I filed the claim until the date it is resolved, as full and final settlement of this particular claim".

 

Is the date I filed the claim the date of issue?

 

Thanks for any help.

Mimi

[freakyleaky]

The filing date and date of issue are different. The date of issue is a few days later than the filing date. I used the date of issue to be on the safe side.

Hope this helps.

[MimiJane]

Many thanks for the prompt reply

[Castlebest]

Actually should be the date you filed your claim because that’s the point when your spreadsheet calculates interest to, after that interest is added at so many pence per day.

pete

[freakyleaky]

you are probably right pete but I was unsure at the time of filing and thought with the difference only being 5 days @50p per day, to my detrement, i would play it safe.

[clarion48]

I received my notification of transfer to local court - Aq dispensed with...on the 17th April. I decided to send in the draft order and covering note from #1 on this thread - that was two weeks ago.....have heard nothing since.

I've phoned the court twice....the first time she said the papers were with the District Judge......today she said she wasn't sure if they were still with the District Judge but no directions had arrived back with her.

 

Anyone got any suggestions what I should do now?

[lateralus]

let the courts sit a bit and decide what they want to do - but as for dg - as ever - a nudge every 10 days until they make an offer - keeps some poor little secretary busy digging out the files, dusting them off and filing away another letter and breakdown. hopefully - they'll get tired of that and make an offer sooner rather than later.

[lazybones]

lateralus

 

While I haven't got this far in my quest for my charge yet.

 

What do you think about the idea of adding the cost of each recorded letter to the final total of the claim , or is that not allowed?

[lateralus]

i think costs aren't allowed in small claims

although some judges have allowed some in some cases - that's a lot of somes..............

but at £1 for recorded delivery - it's only the first two letters - and if you are really stretched - you could just ask for proof of posting at the post office and that is free - so you've only got to spend the price of a couple of stamps and if you are really, really stretched (i'm not kidding here - i do know some people are really this stretched) you could deliver the first two letters to your branch and ask for a receipt to keep for your records. and that would be free! i am the queen of mean - you could go the the library - use their computer, their electricity - use the back side of junk mail for paper and probably do this without spending any money at all! might be a little harder to deliver letters to dg unless you are very, very nice to netty and you could e-mail them to her and she lives just around the corner and she might deliver them for you!

[lazybones]

It was just a thorght, wanted to be nasty to someone, after talking to Virgin Media about the same thing for the sixth time this month, banks were obvious target.

 

Shall now cill with a few beers

 

Good Luck

[lateralus]

your avatar freaks me out!

[lazybones]

Good or Bad

[lateralus]

bad - i'm a little old lady - can't be doing with weird stuff!

[Castlebest]

HA !! little old lady indeed,,, so was Miss Marple

 

pete

[clarion48]

thanks for that lateralus - i have so far resisted sending anything to abbey since filing my claim - i didn't want to prejudice my chances by making them think i was desperate - maybe it is a good thing to do now though and might just bring a quicker result.

[lateralus]

desperate, schmesperate! you write them a nudge letter (they might not have seen them as most of our gang are with hsbc) it might just knock them out and make them send you an offer straight away. i'm advising a letter every 10 days on here.

the court result is not necessarily to be-all and end-all... they can apply for stays and orders and all sorts to lengthen it out - ultimately, it is the threat of looming court action which spurs them into making an offer.

good luck.

[MimiJane]

They know we're desperate for our money and we know they're desperate to avoid going to court. Even if they don't pay up after 1 or 2 "nudge" letters, at least any attempts to try to resolve the matter (i.e. get them to pay up) would be seen favourably by the courts and that can be no bad thing.

 

Personally, when/if I send them the first letter, I'm really going to lay it on thick about my circumstances. It could give them an "excuse" to pay up, or they can choose to drag it on even further. Providing I'm ready for court (if it comes to that), they're the ones who'll have to back down in the end.

[clarion48]

Thanks lateralus and MimiJane - I think I will send a nudge letter - will get it in the post first thing after the bank holiday.

 

As you say, can't do any harm and may just give 'em the kick in the pants they need!!

 

Cheers!