MJ versus A&L ***WON***

[gwebstech]

good luck mimi,

 

let me know how you get on

just as a note to anyone who has read all the above- just because you send something recorded doesnt necessarily mean it WILL get signed for.

 

ive read somewhere that if a big company gets a lot of mail that needs to be signed for, its not unusual for many to be just handed over and not signed for?! ie as it would take tool ong to sign for all the letters et

 

gaz

[MimiJane]

I've also read somewhere that A&L have so much Recorded Delivery mail that they have a sheet from the Post Office which they have to fill with receipts before it goes back to the P/O, which can delay the info. being input on the Royal Mail website.

 

My partner spent some time a while back as a postman and says that there's no way any mail could be delivered by R/Delivery without being signed for ... as it could mean instant dismissal.

 

Goodness knows ... nothing would surprise me as far as A&L and Wragge are concerned:rolleyes:

[dickydido]

Hi Mimi, there is something I'm worried about. This claim is for a friend and is from 2001 til 2005 when A&L closed the account. She doesn't have the original T&Cs or interest and charges docs. I've followed the links you gave me and have copied 2000-2002 but 1998 wont copy and I cant find any earlier ones, I think it's now too late for a SAR so do you think it will matter that I dont have the relevant ones. Surely it wont be thrown out because of that (she said more in hope than knowledge)

Jan

[MimiJane]

Hi there,

 

I'm worried about loads of things:rolleyes: Keep telling myself that regardless of the mistakes I've made, the fact is my sister is owed a lot of money, or she wouldn't have received ANY sort of offer from the bank, albeit only a third of what she's owed:-|

 

You should only really need the T&C's for 2001 and 2005 (i.e. the beginning and end of the claim), not sure why you'd need 1998

Hopefully both these years should be in the T&C thread (see posts 8 and 10).

 

Hope this helps.

 

Mimi x

[jansus]

Hi mimi

 

I see the thread I referred to in pm is getting quite heated - but very informative - lots of useful link backs including some from MB.Lots of people hijacking the thread.

 

The Statement of evidence seemd crucial as does the T&C . As they say no need to panic as only two cases have not gone to plan and LTSB have settled lots more today.

 

I hope we all get an updated statement about whether anything needs to change or whether it is just down to preparation.

 

At the moment it is only LTSB so I hope everything goes ok for you.

 

Jansus:)

[MimiJane]

Hi mimi

 

I see the thread I referred to in pm is getting quite heated - but very informative - lots of useful link backs including some from MB.Lots of people hijacking the thread.

 

The Statement of evidence seemd crucial as does the T&C . As they say no need to panic as only two cases have not gone to plan and LTSB have settled lots more today.

 

I hope we all get an updated statement about whether anything needs to change or whether it is just down to preparation.

 

At the moment it is only LTSB so I hope everything goes ok for you.

 

Jansus:)

 

Thanks hun Well at least the Statement of Evidence and T&C's are included, so fingers crossed:rolleyes:

[jansus]

The link on the lloyds thread by peter anderson on 21st june looks interesting and on a post today some good wording regarding "breach of contract"

 

is there anybody on our forum due in court this week do you know?

 

Wish there was somewhere we could put by the side of each thread what stage we are at - think it would be useful dont you?

 

Jansus:)

[MimiJane]

The link on the lloyds thread by peter anderson on 21st june looks interesting and on a post today some good wording regarding "breach of contract"

 

is there anybody on our forum due in court this week do you know?

 

Wish there was somewhere we could put by the side of each thread what stage we are at - think it would be useful dont you?

 

Jansus:)

 

Thanks, I'll have a read.

 

dj9928 (who posts on moneysavingexpert.com more than on here) is due in court next Friday 29th June. I don't think he's been asked to submit any sort of court bundle and has been told by the court that A&L have assured them they will be attending, though that probably means nothing.

As he's in Northern Ireland, don't know if we'll be able to guage how they're playing it, as the rules are different over there, but it should be interesting. I think he's recently asked them to settle a few times, but they won't have it.

 

I agree about not knowing what stages people are at, though I do think this site is much more navigable than Martin Lewis' site and it's a good thing to have our own threads.

 

Mimi

[mochamoo]

N/A:)

[MimiJane]

Just been on Martin Lewis' site ... there's someone (seboyle20) due in court next Tuesday 26th June, also Ireland I believe.

[cazawilson]

Hi all

 

Very interesting. I am due in court on 2nd July (week on Monday) for an allocation hearing at Bedford County Court. I had a pm today from NJC who is claiming against Abbey, he was due in the same court, same time and same Judge as me, and guess what, he received full settlement yesterday. That should show us claiments in good favour with the judge, wonder if i get a cheque next week;). Knowing my luck I'll be the only one there.

 

Caza

[MimiJane]

Hi all

 

Very interesting. I am due in court on 2nd July (week on Monday) for an allocation hearing at Bedford County Court. I had a pm today from NJC who is claiming against Abbey, he was due in the same court, same time and same Judge as me, and guess what, he received full settlement yesterday. That should show us claiments in good favour with the judge, wonder if i get a cheque next week;). Knowing my luck I'll be the only one there.

 

Caza

 

Everything crossed for you Caza I'm sure you'll be fine and make sure you come straight to this site to report how you got on when you get back

[MMG]

Hi MimiJane,

 

I need help. I recieved an order form the court on 08/06/2007 ordering that:

 

1. the filling of an allocation questionaire be dispensed with in this case unless the District judge at the court of transfer orders otherwise.

 

I have missed the 14 day deadline. Does that mean my case will be struck out?

 

Please help

[MimiJane]

Hi MimiJane,

 

I need help. I recieved an order form the court on 08/06/2007 ordering that:

 

1. the filling of an allocation questionaire be dispensed with in this case unless the District judge at the court of transfer orders otherwise.

 

I have missed the 14 day deadline. Does that mean my case will be struck out?

 

Please help

 

I'm not with you ... if the AQ has been dispensed with, why have you missed a 14 day deadline ... for what, papers you've been asked to submit? I'll try and help, but need more information and please bear in mind I'm no expert though, if I can't help you, hopefully somebody else can. Have you started your own thread by the way?

[MMG]

The order read as follows:

Before District Judge Murdoch

sitting at Northampton County Court

 

without hearing

 

IT IS ORDERED THAT:-

1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

 

It also says underneath

 

Note: Any party affected by this order may under Rule 3.3(5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.

 

 

I think i panicked a little. What i was asking was that does this mean that they do not require an AQ and i should just sit tight and wait for a court date.? Regarding the Draft directions should i send these now or not bother?

 

Thanks,

[MimiJane]

The order read as follows:

Before District Judge Murdoch

sitting at Northampton County Court

 

without hearing

 

IT IS ORDERED THAT:-

1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

 

It also says underneath

 

Note: Any party affected by this order may under Rule 3.3(5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.

 

 

I think i panicked a little. What i was asking was that does this mean that they do not require an AQ and i should just sit tight and wait for a court date.? Regarding the Draft directions should i send these now or not bother?

 

Thanks,

 

As it says, the AQ has been dispensed with as far as Northampton are concerned, but your local judge may still request one in writing to you; who knows, it depends on how your local judge wants to play it.

 

Judge's directions seem to vary greatly as time goes on. I've never come across these directions before but, from the sound of it, you wait to see if the Defendant applies to have it set aside, varied or stayed within 14 days, although I've no idea about Rule 23.3 ... you need to get proper advice on this.

 

I'm not sure though what happens after the 14 days are up if you hear nothing ... you may well be able to apply for judgement by default, but please don't rely on my advice and try to get some answers from people with a better idea than me. As I say, I'm no expert and can only go on my directions and others I've read of, which are different to yours.

 

Hope this helps a little

[dickydido]

I had the same thing from Northampton on 8th May but the next step was a letter from Bodmin Court saying that the AQ was not needed and the case was to be small track and the hearing date was 13th July. Probably the same thing will happen for you

Jan

PS My bundle went off today, I think it looks quite good, many, many thanks:D :D to MimiJ, Lat and all others that have helped me to this stage.xxxxx

[MimiJane]

I had the same thing from Northampton on 8th May but the next step was a letter from Bodmin Court saying that the AQ was not needed and the case was to be small track and the hearing date was 13th July. Probably the same thing will happen for you

Jan

PS My bundle went off today, I think it looks quite good, many, many thanks:D :D to MimiJ, Lat and all others that have helped me to this stage.xxxxx

 

Great feeling of relief isn't it Jan Hard work, but you know when you reach this stage that the majority of the work is done.

[dickydido]

Sure is, but it's not over yet, they may elect to go to court:shock: but I'm ready for them if they do;)

[MimiJane]

At last things seem to be moving for some of us now

 

I'm just about to take a letter down to the court asking the judge for judgement by default as Wragge have failed to get their court submission in in time (at least to the claimant:rolleyes:). Here's hoping the court have receiving nothing either.

 

Will keep everyone posted ...

[sea-sidelady]

Good luck MJ.

 

We could do with a win on this thread.

[redgemini]

MJ - looks like i'm at the same stage as you! court bundle was sent and arrived ok yesterday (on time!!) and guess what - we got nothing from Wragge! So i was wondering what to do next!! Will the court be able to tell me if they go the bundle from Wragge? I might give them a call to ask!

[MimiJane]

MJ - looks like i'm at the same stage as you! court bundle was sent and arrived ok yesterday (on time!!) and guess what - we got nothing from Wragge! So i was wondering what to do next!! Will the court be able to tell me if they go the bundle from Wragge? I might give them a call to ask!

 

Ring them by all means but, the way I see it, if they don't "serve" the claim and get it to the claimant on time, they've not complied with the judge's directions and should be ordered to settle in full.

 

Let us know what they say if you call and fingers crossed for both of us

[MimiJane]

redgemini,

 

Forgot to ask you if you have found the template of the letter to send to the judge asking for judgement by default? If you can't find it in the template library, PM me with your email addy and I'll send you my copy.

[cazawilson]

Lets hope all goes to plan Mimijane. About time too, I'll watch your thread:). Interesting to see what the judge does do as like you say they've failed to serve you, the claiment, with the relevant paperwork.

 

Good luck and to you regemini

 

Caza