Help with A&L defence please

[Skudz]

Hi guys, i hav today recieved A&L's defence from their solicitors! It all seems like the usual stuff they've been saying all along except there is a section called Insufficient Particulars Of Claim. In this they request me to particularise each and every charge: date, reason etc. Have they said this to everyone or is it because i havent sent them a schedule of charges yet? And if so is it too late to send them and the court a copy?

Maybe i should just sit tight and wait for them to send the AQ?

 

Regards and thanks for all the good work

Skudz

[MimiJane]

Hi guys, i hav today recieved A&L's defence from their solicitors! It all seems like the usual stuff they've been saying all along except there is a section called Insufficient Particulars Of Claim. In this they request me to particularise each and every charge: date, reason etc. Have they said this to everyone or is it because i havent sent them a schedule of charges yet? And if so is it too late to send them and the court a copy?

Maybe i should just sit tight and wait for them to send the AQ?

 

Regards and thanks for all the good work

Skudz

 

This seems to be in everyone's Defence and was certainly in mine. Just send them your detailed schedule with a brief note saying you've already sent this to the bank (if you haven't, send them one ASAP) but are forwarding them a copy for their information and to let you know if they need anything else, blah blah blah.

 

I rang the court and told them I was emailing them a copy to attach to my particulars.

 

Hope this helps.

[Skudz]

OK brill thx Mimi, i shall post the solicitors a copy today and let the court know im sending them a copy to attach to my claim. Ill keep you informed as lots of people seem to be at this scary stage. BTW im claiming £2756 + costs.

 

Regards Skudz

[MimiJane]

OK brill thx Mimi, i shall post the solicitors a copy today and let the court know im sending them a copy to attach to my claim. Ill keep you informed as lots of people seem to be at this scary stage. BTW im claiming £2756 + costs.

 

Regards Skudz

 

Well done Waiting for a court date now having received the Defence a few days ago. Yep ... it is scary, but we must try not to be intimated by them, it's just what they want. I'm claiming on behalf of my sister ... just over £3k. Yes, we'll all keep each other informed as we go along and hope the money comes rolling in soon.

[dizzykate]

hiya

 

my defence says something slightly different in the POC bit:

9. It is denied that the def has applied charges to the claimsants account with the defendant as claimed and the clainant is put to strict rpoof of the amount claimed and that such amount has been unlawfully debited from the claimants account

[MimiJane]

hiya

 

my defence says something slightly different in the POC bit:

 

Mine also says this as clause 9 ... think it's pretty standard. Sending your schedule to them to cover this clause, plus 10 and 11 should suffice.

[Skudz]

Thx...schedule + nudge letter sent to Wragg and schedule emailed to court today...they dont have a leg to stand on!!!

[Skudz]

In response to your defence I enclose a schedule that particularises each and every penalty the Defendant has unlawfully applied to my account. I hope this will be sufficient proof for the Defendant to settle the claim quickly for no less than £2876, for as I am sure the Defendant knows if the claim goes to court they will incur more costs when they lose.

Nice bolshy letter...quite proud of that

[dizzykate]

Mine also says this as clause 9 ... think it's pretty standard. Sending your schedule to them to cover this clause, plus 10 and 11 should suffice.

hi mimijane

 

my schedule of charges went with the summons, copy for me, copy for court and copy for bank (assume they forward this to the solicitors) do you think I should send a copy to solicitors or will they have it? My daughter and my friend both work for companies that use a firm of solicitors locally all they seem to do is send out seven day letters to a standard format and if there is no response they summons debtors wonder if Wragges are like that just doing mainly these types of things cos the defences are just so similar.

[MimiJane]

hi mimijane

 

my schedule of charges went with the summons, copy for me, copy for court and copy for bank (assume they forward this to the solicitors) do you think I should send a copy to solicitors or will they have it? My daughter and my friend both work for companies that use a firm of solicitors locally all they seem to do is send out seven day letters to a standard format and if there is no response they summons debtors wonder if Wragges are like that just doing mainly these types of things cos the defences are just so similar.

 

To cover your back, I'd send them a copy ... no harm in doing this and should keep them quiet for now:rolleyes:. I mentioned in my brief covering letter that I'd already sent a copy to the bank and the court. I think we all know that the solicitors have a copy and this is just them using delay tactics, but I guess it's better to comply with their wishes for now and be seen to be helpful .. the courts would obviously look favourably on this

[dizzykate]

ok will do it tomorrow recorded delivery

 

thanks v much for advise

 

Kate

[MimiJane]

ok will do it tomorrow recorded delivery

 

thanks v much for advise

 

Kate

 

Well done hun Best to comply with their wishes as far as possible and not give them any reason to delay things any further.

[Skudz]

Still waiting for AQ...we have any idea how long it takes from when the bank files their defence to receiving your AQ? Had a good read through the threads on how to fill it in and feel pretty confident about the next stage and what i'll need to supply should the judge accept the directions i request. Just shows what a great job the mods and experts are doing, and i shall show my gratitude when the barstuards pay up!!!

 

Thx again:)

Skudz

[SHERLOCK]

Hi,

 

A&l Sent Me A Letter With All The Charges Listed Two Days B4 I Received Solicitors Defence!!

How On Earth Can They Ask For Clarification?

[Skudz]

HELP!!! I have recieved a 'notice of transfer of proceedings' and the claim has been transfered to my local court. It says

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.

 

Does this mean idont have to fill an AQ in? And if so whats the next stage?

Thx in advance

[blimeyboy]

Thats corect no AQ to fill in, the reason for this is courts/judges are getting sick of banks wasting court time and energy.

I would phone your court just to confirm but I think you still have to pay the AQ fee.

[sea-sidelady]

Have a read of this...

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

[Skudz]

V helpful thx...so should i just wait until my local court get intouch or should i go and pay my £100 pounds, send a nudge letter to solicitors and a draft order to local court now?

 

regards

[MimiJane]

V helpful thx...so should i just wait until my local court get intouch or should i go and pay my £100 pounds, send a nudge letter to solicitors and a draft order to local court now?

 

regards

 

I'm at the stage as you ... just contacted local court, who still want AQ money (even though I don't have to fill one in, yet anyway). Taking that in today, then will send a nudge letter and prepare draft order. All go isn't it:rolleyes:

 

I haven't got a hearing date yet, so will save draft order submission 'til I have one.

[Skudz]

Hey guys

thx mimi glad to know theres someone at the same stage as me. My case was transfered on 9th May and im still waiting to hear from district judge to confirm whether or not i need to fill in AQ!! Cant pay my £100 until iv heard anyway...god this waiting game is killing me! Think im guna start sending nudge letters now... cant just sit and do nothing!!

 

Regards Skudz

[Skudz]

Hi

At last i have recieved 'Notice of Allocation to the Small Claims Track (Hearing)'

The hearing is on 8th August so not much point sending the draft directions is there?

I need to supply the Court and opponent with written SofE no less than 14 days before hearing, what shall i include in this?

any help much appreciated, never thought itd get this far and need to get prepared for court *sigh*

[MimiJane]

Hi

At last i have recieved 'Notice of Allocation to the Small Claims Track (Hearing)'

The hearing is on 8th August so not much point sending the draft directions is there?

I need to supply the Court and opponent with written SofE no less than 14 days before hearing, what shall i include in this?

any help much appreciated, never thought itd get this far and need to get prepared for court *sigh*

 

Hi there,

 

I'm just going through this myself and have done the S of E (which was recently upated). Bear with me, I'll go through it, blank out the bits that refer to me (and let you know what you should put in) and send it to you later ... just off out for a while.

 

This way, you'll also get it already formatted and I'll save it as a template for anyone else that may need it soon.

 

Forget the draft directions at this stage (as I did). The "court bundle" will act as back-up to your Statement of Evidence and, if you like, I'll also send you my Index which lists everything you'll need. It sounds as if you've been asked for the same as me.

 

Skudz, can you PM me your email addy in the meantime and I'll get everything sorted for you later.

 

Mimi x

[Skudz]

Thank you so much, ill PM it now. Whens your court date?

[Skudz]

BTW, iv not paid or even been asked to pay the AQ fee. Is this strange? Im not complaining though lol

[Skudz]

Your a legend Mimi, dont think id manage this without your help and advice. Hope everythings going ok