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

[jansus]

mimi - have you worked out if we can link to the Wiki?

 

Or every time anybody asks a question are we going to have to say - just go and look on the Wiki ?

 

have not been able to work it out yet?

 

jan

[MimiJane]

Just trying now :-

 

FAQ - Consumer Wiki

 

You just go to WIKI, right click on the "address" and copy and paste. A little long-winded though.

 

x

[jansus]

ok -thanks

 

I tried a couple of times and it didnt work. patience is a virtue!

 

jan

[MimiJane]

Probably a good one to put in our Favourites

[Jess68]

Any news yet Mimi??

[MimiJane]

A different person answered the 'phone and can't find the paperwork. They'll ring up if they find anything; otherwise advised to ring on Monday.

[jonoefc1]

hi mj

 

any news from nappy yet?

 

jono

[MimiJane]

Noooo, leaving messages everywhere for her! Hopefully, she's at the pub celebrating

[alice-rose]

Hi Mimi

 

I'm sure the news will be good

when you ring back the Court on Monday

 

its just another joyful step

 

on the yellow brick road

 

in claiming back the charges !

 

hugs

 

alice x x x

[MimiJane]

Don't know about joyful Alice ... it doesn't help when muggins 'ere goes and puts her foot in it

 

Mimi xx

[jimmyowl77]

Hi Mimi, Sorry to bother you again but I`ve wiped your email that you sent to me ref Statement of Evidence and just wondered if you could email it to me again.

 

Thanks

Jimmy

[MimiJane]

Just sent it again Jimmy ... thought I'd maybe deleted it, so you're lucky!

 

Mimi x

[jimmyowl77]

Thaaaaaaaaaaanks Mimi

[thiopentone]

thanx alot mimi;)

[MimiJane]

Hi all,

 

Wragge have written to offer an amount of 80% of the full claim amount. I'm doing a rejection letter and basically asking them for everything (court fee, AQ fee, interest, daily fee, etc.). I've put in the letter that if they intend to offer the full amount before court in just over a week's time, they'd basically better get their fingers out and get a cheque out pronto so that it can clear before I can cancel court proceedings (not put in these words:rolleyes:).

 

Don't know if anyone can help out here ... I've prepared a "wasted costs" schedule and am not sure whether to include it with this letter and ask them for the money now, or wait until/if they agree to settle? Any advice greatfully received. I know they'll say "no" and I will have to submit it to the judge, but we have to be seen to be going through the right channels!

 

Getting quite "court minded" now ... will be going in with my SIL if needs be:rolleyes:

 

Many thanks,

Mimi

[bsia666]

Well done and another step closer to the finishing line

 

William.

[alice-rose]

hi mimi

 

the letter sounds good to me.

 

glad to hear you are getting very court minded now.

 

will you be wearing a white curly-wurley wig ?

 

ha ha ha

 

go for it girl ! ! !

we're all behind you

 

alice x x x

[caro]

I wouldn't ask A&L for wasted costs at this stage. I think you should concentrate on getting the claim settled in full. Which track is your claim in?

[MimiJane]

Many thanks Caro It's the small claims track.

 

So, if they send a cheque for the full amount before court, can I apply for wasted costs thereafter? If it does go to court, would it wise to mention to the judge that it's my intention to apply for these, initially through Wragge?

 

Thanks,

Mimi

[caro]

I'm not sure why you should approach the court through Wragge. They are working for A&L. Tricky one I think, but I've just checked out the Bank Templates Library on this which makes it clearer. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

 

At least with A&L there is plenty of evidence in the form of the Moneybox programme where they stated that they would never go to court and a very long list of cases settled before court.

 

EDIT sorry if I'm confusing you, I'm confusing myself here. This is uncharted territory with A&L I think.

[MimiJane]

Thanks Caro.

 

I'm sure I've read somewhere recently that it's always best to initially approach the bank/solicitor when applying for wasted costs then, if unsuccessful, send a suggested Draft Order to the judge. I would have thought it would make more sense this way ... even if you are turned down by the bank (the most likely scenario:rolleyes:), at least the courts know you've tried.

 

Right, just found the link by GaryH which mentions applying to the bank/solicitors first :-

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs-updated.html

 

Still not sure if you should write to the bank or their solicitor; if it's been settled, should we write direct to A&L I wonder? If not settled, should it be Wragge? Confused here as well ...

 

Looks like you can make an informal approach through the courts if no luck with the bank and some have been successful with this. To make a formal approach, it costs £35.

 

Mimi

[GaryH]

When you get offered a settlement that your happy with write back accepting but subject to costs. Outline the basis of your costs claim and say that if they refuse to pay then you'll apply to the court. Its Wragge you need to discuss the costs issue with rather than A&L.

 

Also, be aware that if you apply formally there is a possibility that a hearing could be called.

[MimiJane]

Many thanks for clearing that up Gary

 

One other question : if Wragge write offering the full amount before the court hearing, is it still wise to say I accept "subject to costs"?

 

Hopefully all this will help others when they reach this stage as well.

 

Mimi

[GaryH]

Mimi,

 

Caro has pointed out, and in retrospect I agree, that my last post may have been slightly misleading in that it might appear that I was advising you to reject an offer and continue to pursue the claim to court if they don't pay the costs.

 

I don't know if you interpreted that way as well, but apologies if you did - that certainly wasn't the intention of the post.

 

The reason for telling you to accept 'subject to costs' was becouse there is some confusion over whether agreeing to a full and final settlement means that you cannot then pursue the costs issue. A user had a hearing a week or two ago which was successfully defended on the grounds that a F&F settlement had already been agreed. I'm going to try to get clarification of whether or not this is definately the case.

 

I'll rephrase my above post to say that IMHO, when they offer a full settlement, you should of course accept, but if you want to claim costs afterwards then make sure you don't agree to a 'full and final' condition. At this point I would make them aware that you think they have behaved unreasonably and you intend to apply to the court for costs on that basis. They may then offer to just pay them, as do Abbey, although tbh it is doubtful I'd have thought.

 

Sorry for any confusion.

[MimiJane]

Ah right, got it

 

Thanks so much to GaryH and Caro ... cleared it up.

 

Mimi x