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


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Edited to protect the innocent.......................

 

r-t-v

25/01/07 Statements collected online

27/01/07 Prelim sent

09/02/07 Thank you letter received (and duly ignored)

12/02/07 LBA on its way

27/02/07 MCOL filed

26/03/07 Defence entered

02/04/07 Notice of transfer paperwork received

10/04/07 Lattie's hastner sent

19/04/07 AQ arrived (never mind lattie!)

20/04/07 Last Chance letter sent to DG, AQ filled out.

08/05/07 AQ returned to courts, cc'd to DG

11/06/07 Request for the defence to be struck out sent after not hearing from the court for 5 long weeks.

14/06/07 Directions hearing set for the end of August. 10 long weeks away.

14/06/07 rob-the-viking waits yet longer......

23/08/07 DG apply for a stay, instantly granted by judge.

29/08/07 The waiting begins again, 7 months since prelim was sent.

 

"If you kick a Tiger in the ass, you'd better have a plan to deal with it's teeth!!"

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or the guilty!

 

 

 

rob, i have to ask - what is your avatar - i can't make it out.....

 

 

rob - this from another thread:there's a linky thing

THERE'S A LINKY THING??????

 

i thought that was my line.

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Hy Rys,

They will write to you to try and settle.

 

In my case I have had correspondence from D & G in fact 3/4 letter since receiving the court date, they wanted to only settle at 8% instead of contractual and they wanted to take off at least half a dozen charges as they say they were outside the Limitation Act. The situation was that they were not outside the 6 years when I first did my schedule of charges. I have kept my ground and it has fortunately paid off. The difference was about £150.

 

They really do not want to go to court and will try their hardest to get you to settle at the lowest possible figure. Do not be to eager to settle, they will definately write to you when they are ready too. I also requested a cheque as I did not want them to put the funds into my credit card as then they could take away they credit limit and leave me with nothing. They agreed to this and to taking out the confidentiality clause which I told them I would not sign. My case has taken 5.5 months to come to fruition from beginning to end.

 

So the cheque has arrived and now banked and as soon as it is clear I will inform the courts accordingly.

 

Good luck with your claim and remeber patience is a virtue, and it will pay off trust me! and you will be paid all of your claim. Thankyou for the click! very much appreaciated.

 

DS

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Hi all, thought I would just let you know that Nottingham told me last Wednesday that is was unlikely that I would receive an AQ!

 

Then received a CPR 18 request from Cobbetts (sent them away with a flee in their ear)!

 

Now waiting to hear from the court, hoping that it will all work out!!

 

I'm prepared to wait for as long as it takes, nobody knows the misery these bullies cause (I ended up having a nervous breakdown), but no more, I say bring it on & good luck to all x

Ladymuck x

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if you want to use any of the ideas for nudging letters in post 1 of this thread - feel free - just change the name of the solicitors to the one for your bank. good luck - my advice on this forum is a nudging letter every 10 days until they make an offer.

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Hi all

I have been helping my daughter claim back her charges from HSBC and yesterday she went to our local (Taunton)court to file and was told to come back once she had filed a complaint with the FOS. The clerk said this was a new rule as of last week.

I am going to phone them tommorrow to find out more and will probably file via MCOL and pay the fee (she is on benefit and could claim excemption-reason for N1 route).

Seems to be another new tactic!

Midge61

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Hi Midge,I have not heard of this one before, do you think the clerk at the court could not be bothered! If you file on MCOL that would not apply. After all you have written to HSBC and sent all the letters and I for one do not see that making a formal complaint to 'FOS' who ever they are FINANCIAL OMBUDSMAN S......! could it be the FSO, and how are they going to help! It is not fair if you cannot make a claim through the court system!

 

Maybe your call the court tomoz will bring some clarification to this.

 

Regards

DS

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I agree this does not sound right. You could always PM a mod or site helper but I suspect this may just be a new member of staff not sure of their facts or something simple. The OFT cannot act as an alternative to the law or make new laws, so applying to them makes no sense at all.

If my advice has been helpful tip the scales

 

West brom SETTLED

 

Halifax current SETTLED IN FULL

halifax curent (2nd) stayed. Visa - SETTLED

2nd visa LBA sent

halifax for the 3rd time. LBA sent

 

Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

 

Sainsbury's - Awaiting court date

 

Co-op cc SETTLED IN FULL 2nd claim. Settled in full

 

 

National Westminster Settled in full. 2nd claim. N1 submitted

 

 

HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

 

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could it be that that court decided that if it's a bank charges claim, in light of all the publicity and logjam in the courts etc, it would be best to exhaust ALL avenues, including the Financial Ombudsman first before actually filing a claim? would that even be feasible?

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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A Few threads ago I mentioned mediation which they seem to be introducing here in Birmingham, I would imagine as one way round the problem of logjam. This is a bad idea for us claimants and means going round in circles. I appreciate what you are saying but we have made representations to the banks/credit cards and going to court is the last step in this process. For some court to suggest we go all round the Wrekin again would be a backward and counterproductive step were they to suggest it which is doubtful at the moment. I am unaware of the Financial Ombudsman having enough teeth to make the banks cough up, I thought only the courts could do this.

If my advice has been helpful tip the scales

 

West brom SETTLED

 

Halifax current SETTLED IN FULL

halifax curent (2nd) stayed. Visa - SETTLED

2nd visa LBA sent

halifax for the 3rd time. LBA sent

 

Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

 

Sainsbury's - Awaiting court date

 

Co-op cc SETTLED IN FULL 2nd claim. Settled in full

 

 

National Westminster Settled in full. 2nd claim. N1 submitted

 

 

HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

 

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We discussed mediation back on page 11 sally... post 203 onwards. Its an easy one to get out of, how can you mediate with DG? They have their phones on voice mail there fax is switched off, they don’t answer email, its a nice idea from the courts point of view to dump it all on the mediation service but practically a dead brainer.

I wrote an outline response to this tack from the court too.

pete

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i got a load of mediation crap as well i put it in the bin with the rest of the rubbish!

 

As far as i am concerned mediation was the early stage when we tried to to be polite gave the deadlines sent the leters all that rubbish and got nothing back! the day i had to file my court claim that was the day my mediation ENDED!

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Rayne, If you want to sue another party you can.. About anything (read A P Herbert’s Misleading cases very funny, written by a lawyer)… no one can stop you. Its the basis of English law that if you have a grievance you air it in the courts, there is no way a court can stop you filing your claim it would be a breach of basic civil liberty. The District Judge can tell you you’re an idiot in court and throw the claim out but the court can’t stop you filing it.

pete

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Gawd PD and Phil... dont you read what I write

 

pete

 

everything of course :rolleyes: ... I do try but my eyes are spinning & my minds boggled. retention isn't my best quality either

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Read the paperwork that came from your local court. What has the District Judge directed? Has he asked you to seek mediation in his directions?

If he has pester DG to do it, when they don’t respond (again) just write to the court along the lines that you have tried but have had no response from DG so suggest defence struck out or DG pulled in to give detailed evidence of their defence.

 

pete

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IF YOUR AQ WAS DISPENSED WITH --------------APPARENTLY THIS STILL APPLIES................

 

VERY IMPORTANT:

 

 

 

PLEASE BE AWARE THAT EVEN IF THE AQ IS DISPENSED WITH, THE AQ FEE OF £100 (IF CLAIM OVER £1500) IS STILL PAYABLE (AND RECLAIMABLE FROM THE BANK).

The fee is payable within 14 days after the despatch of the notice of allocation to track (County Courts Fees Order 1999 Schedule 1).

 

 

 

 

I will put more here when I've found out more -

 

I think the best course of action until I'm told otherwise is this:

if you receive the old "aq is being dispensed with in this case" letter - and are being transferred to a local court.....

i think you should ring the local court a couple of days after the transfer and ask the court if an aq fee will be required. get the person's name and write it down with date and time you spoke to them.

let's not panic about this - i think it is only going to happen in certain courts but certainly worth a phone call to the courts to see what they say.

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PLEASE BE AWARE THAT EVEN IF THE AQ IS DISPENSED WITH, THE AQ FEE OF £100 (IF CLAIM OVER £1500) IS STILL PAYABLE (AND RECLAIMABLE FROM THE BANK).

 

really ??? It didnt say anything about that with my notice of allocation ??

 

My claim is for just over £1500, but it comes to £1700 including interest and MCOL fee.

 

Do i really have to pay them £100 for nothing ?

 

Where did you see this ?

 

(You edited your post as i wrote this, thanks L)

 

Thanks

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It was passed to me by michael browne (a solid source) who says that moderator bookworm has included it in a sticky.

i'm trying to get more info - but it is certainly worth a call to the court.

 

 

p.s. bump on this question - does anybody know what the new coloured envelopes mean - i find them harder to pick out threads i've been on before whether it's a new message or read message.

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