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

[caro]

In the litigation section http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=138&Itemid=82

 

 

I think you already have a link to the Moneybox programme transcript from last year when A&L said they would not go to court, but would not pay unless a court claim was taken out. If not let me know as I think that is relevant to wasted costs too.

 

EDIT - here it is just in case.http://news.bbc.co.uk/1/shared/spl/hi/programmes/money_box/transcripts/10_06_06.txt

[alice-rose]

It was an absolute pleasure to be able to help in some small way Mimi !

 

Its about time you were on the receiving end.

 

You give so much of your time energy and advice to everyone else

 

alice x

 

hope its almost sorted now

[caro]

It's what CAG is all about alice-rose and it's nice to see newbys entering into the spirit of it. Thanks from me too.

[alice-rose]

the pleasure was all mine Caro.

 

and thankyou to you

for all the help you give in running this forum.

 

none of us could have got this far without your kind help

thanks also to the other moderators !

 

alice x

[MimiJane]

Thanks Caro ... I'd already looked on that page and didn't spot the link:rolleyes:

 

Incidentally, both Bankfodder and GaryH have produced instructions on how to apply for wasted costs. In GaryH's, he states it costs £35 to do it "formally" on an N244 document.

 

Not quite sure whose ideas to follow. It appears Bankfodders is the most recent, but GaryH's has been "upated".

 

Links here :-

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

 

Bankfodders :

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

[GaryH]

If you can't find the notice of issue then fill in an N225 -

http://www.hmcourts-service.gov.uk/courtfinder/forms/n225_0406.pdf

 

I used an N244 to apply for costs in my Lloyds claim becouse many courts would insist on the application notice and the fee - I.e a "formal" application.

 

Since I posted that the other one has gone up in the templates library, so I would suggest you use the template one.

 

The good thing about the "informal" template one is that its completely risk and stress free - just attach it to your request for judgement and the judge can grant it if he see's fit to or ignore it if not, either way you haven't lost anything.

 

With an N244 it costs money and also your application will probably get listed for a hearing. IMO there is more chance of success by applying formally but its also more hassle. In fact the bank could even decide to turn up and defend it, as Barclays did last week.

 

It may well be that when you send the letter the court write back and insist on a proper application, as many do, so if thats the case you can decide then whether you want to pursue it or not.

[MimiJane]

Great info. Gary ... many thanks

 

SIL has just rung to say it's definitely not in her originals pack and I'm sure myself that I didn't see this. Wonder how many others haven't had it ... Alice hasn't for one (at the stage she's at anyway)

 

I'll use the form you've sent. It's obviously OK to submit this to judge even though A&L haven't agree to settle? I'll change the letter wording to suit if yes.

 

Few questions re. the form :-

 

"If the defendant has given an address on the form of admission to which correspondence should be sent, which is different from the address shown on the claim form, you must tell the court"

Had no Form of Admission/Claim Form ... should I do anything?

 

"Amount of claim as admitted (including interest at date of issue)" : It hasn't been admitted as such, does this matter? Presumably this is charges amount with 8% interest added?

 

"Interest since date of claim (if any) : Presumably daily rate total amount?

 

"Period from .............. to ..... " : From date of issue to today's date?

"Rate" ...... % : Daily rate %

 

Is it OK to say you want to be paid "immediately"? Just thinking that, if I'm also enclosing a Wasted Costs Order, should I give the judge a bit of time and fill in the "in full by" section instead.

 

Also, what about the AQ SIL paid for ... I thought this was re-claimable?

 

Sorry Gary, it seems to be never-ending at the moment:rolleyes: Best you'll be glad to see the back of me when it's all over! At least this will also hopefully help others when they get to this stage.

 

Many thanks in anticipation of yet more help!

 

Mimi

 

 

[GaryH]

SIL has just rung to say it's definitely not in her originals pack and I'm sure myself that I didn't see this. Wonder how many others haven't had it ... Alice hasn't for one (at the stage she's at anyway)

It comes attached to the stamped N1 when the court returns a copy to you - you may not even get one for MCOL claims I suppose, I'm not sure. The N225 is fine though.

I'll use the form you've sent. It's obviously OK to submit this to judge even though A&L haven't agree to settle? I'll change the letter wording to suit if yes.

On the wasted costs letter? Yes thats fine.

Few questions re. the form :-

 

"If the defendant has given an address on the form of admission to which correspondence should be sent, which is different from the address shown on the claim form, you must tell the court"

 

Had no Form of Admission/Claim Form ... should I do anything?

Ignore

"Amount of claim as admitted (including interest at date of issue)" : It hasn't been admitted as such, does this matter? Presumably this is charges amount with 8% interest added?

The total amount of the claim including interest at the time you filed it

"Interest since date of claim (if any) : Presumably daily rate total amount?

The daily rate as was specified in the POC x the days since the claim was issued.

"Period from .............. to ..... " : From date of issue to today's date?

Yep

"Rate" ...... % : Daily rate %

8%

Is it OK to say you want to be paid "immediately"? Just thinking that, if I'm also enclosing a Wasted Costs Order, should I give the judge a bit of time and fill in the "in full by" section instead.

Immediately

Also, what about the AQ SIL paid for ... I thought this was re-claimable?

Include that in the "Court Fees" section

Sorry Gary, it seems to be never-ending at the moment:rolleyes: Best you'll be glad to see the back of me when it's all over! At least this will also hopefully help others when they get to this stage.

 

Many thanks in anticipation of yet more help!

 

Mimi

 

 

[alice-rose]

you're very nearly there mimi

the end is almost in sight !

 

alice x

[MimiJane]

Gary, you're a gem

 

There may be a few more questions when I get stuck into the wasted costs tomorrow afternoon:rolleyes:

 

Many thanks, as always.

 

Mimi x

[MimiJane]

This is probably a really stupid question, but I've reached a stumbling block on trying to copy the "settled cases" into Excel. Spent the last half hour trying to do it and getting really frustrated:rolleyes:

 

Cannot seem to get the text copied within the "box" ... how do I get rid of the box outline and copy the text? Can anyone help please?

 

I'm OK with Word, but this is beyond me and don't want to spend endless hours trying to work it out and getting nowhere!

 

Many thanks,

 

Mimi

[caro]

I've just printed it straight from the litigation section with no problem, but I don't have a box on mine. You shouldn't need to copy it at all - just print.

[MimiJane]

Only quering this Caro as it's suggested in Bankfodders link that the names be taken out, so I wanted somehow to "move" it to Excel to improve the quality and take the names column out.

[nappy]

Hi Mimi,

I found you, x x x

Ive just been reading your threads, well most of them.

I havent applied for wasted costs yet, do you think i should, ive just done so much work up to now.

If there us a quick, simple, outlay that i can use, then i will, if yoy can let me know, will be grateful,

See you soon,

Nappy xx

[MimiJane]

Hi Nappy, good to see you

 

Just trying to finalise wasted cost papers tonight. I have to change the templates on here slightly as they're for settled cases and mine isn't quite yet:rolleyes:

 

Here's the link which should tell you all you need to know :-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

 

I'd go for it Nappy ... you've probably spent a small fortune, like me, but I do believe you have to be "conservative" with your preparation time.

 

Mimi x

[vincymum]

Just catching up with your thread. Wish I had done this before sending off my request for judgement on Monday.

I think I will send off the papers for wasted costs tomorrow, and deliver them personally, asking that they get considered along with my request for judgement.

 

Totally agree with you that it is unacceptable that you have to go though all this sh1te just to get your money back!(excuse my french).

 

Best of luck to you.

 

vincymum:-)

[MimiJane]

Yes, good idea to get them in ASAP I'd say. Best of luck

 

I'll report back later on here when (hopefully) I'll have sorted out any questions with the help of the mods. SIL coming over at 1pm so must have it all ready them.

 

Mimi

[MimiJane]

SIL just delivered Judgement Form to the court, together with wasted costs papers (thanks Gary for all the help ). Unfortunately she got the rather unhelpful court clerk who told her it would be "up to the judge" whether or not she has to attend court next Wednesday:rolleyes: Strange that, when she rang the other day and got one of the helpful girls, she was told that it wouldn't reach that stage. This guy seems to take great pleasure in getting you worried.

 

Incidentally, our local court does not allow "McKenzie Friends" to go actually go into the court room ... apparently some do and some don't.

 

SIL mentioned the postal strike and the fact that the hearing's scheduled for next Wednesday and was told to ring on Friday afternoon to ask what stage it's all at. So the saga continues ....

 

I suppose whatever happens, it'll all be over this time next week:rolleyes:

 

Will update on Friday, though it'll probably just be to let you all know she has to ring again on Monday!

 

Mimi

[alice-rose]

Well done again Mimi

 

for getting through that last minute panic.

 

I'm sure your SIL won't have to attend Court,

 

but if she does,

she'll have you by her side

to guide and advise her -

and what more could anyone ask for !!!

 

 

alice x x x

[MimiJane]

Cheers Alice She's not very happy that I can't go in with her though, I was banking on this if gets to court, if only to calm her nerves, as can't see she'll have to say much:rolleyes:

[alice-rose]

but I thought the Court would allow you to take someone in with you ?

[MimiJane]

See my post above Alice ... not so at this court:rolleyes:

[alice-rose]

Oh no -

I read through your post, but somehow missed the mckenzie friend bit -

Its amazing that each and every court is different.

which is why i think its always important for each and everyone of us to ring up our local court, whenever we have any doubts.

there is just no 'blanket' answer to the questions

 

can you not go in at all then,

not even as a friend for suport (without speaking) ?

 

alice x

[MimiJane]

No chance apparently, he had great delight in telling SIL:rolleyes:

 

Another point I forgot to mention is that he was insisting she must have had the Judgement Form and she in turn insisted she didn't. He said that she must have applied online then, which is why many of us will NOT have it. I used GaryH's link above ... the N225 form, which is just about the same.

 

Mimi

[alice-rose]

Oooohhh dear .....

thats a little worrying Mimi

 

I applied on line like you

and I didn't receive a Judgment Form

 

when exactly are you supposed to receive it.

 

it looks quite likely now that I may need to

complete a Judgment form if the Alliance & Leicester

don't conform to the Judge's instructions.

 

Where do the Judgment Forms come from

do we have to pick them up from our local court ?

 

Oh, yet another panic to deal with !

 

hey ho

 

alice in wraggeland

 

xxx