Help with A&L defence please

[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.

[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.

[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.

[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

[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.

[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.

[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

[MimiJane]

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

 

Thanks babe Don't worry about the AQ ... very common now, I didn't have one either, though you do have to pay £100 if your claim is over £1500 within 14 days I think.

 

Last day for court stuff submission tomorrow and, so far, nothing from Wragge. Fingers crossed nothing in the post tomorrow either ... have letter prepared for the judge asking him to rule in our favour if that's the case. I'll report what happens on my thread.

 

x

[MimiJane]

Yep, all despatched yesterday (taken down to the court). I'm now worrying about the contents and wondering what I've missed:rolleyes: I've got a habit of winding my partner up and he's now getting me back by whispering "court bundle!" in my ear ... he knows it's gonna freak me out

 

x

[MimiJane]

Yep ... top item on the index

[MimiJane]

No problem Gilly, just let me know and I'll send you what I have that you might find useful.

 

Yes, roll on tomorrow night (in danger of wishing my life away:rolleyes:).

 

Mimi x

[MimiJane]

It says that is the spreadsheet supplied with the claim, i mean an updated one with the 8% interest added since then, maybe im being thick lol. BTW, on my notice it doesnt mention anything about what the defendant has to supply or when, just that i need my SofE in 14days before hearing...any ideas?

 

TIA xxx

 

Mmmm, not heard of this one before:rolleyes: Don't suppose you can query it though ... I'd just get well prepared with your SofE and as much back-up info. as you can get hold of and see what happens.

[MimiJane]

Thank's for the mention and glad to have been able to help

 

I can't see 2004 T&C's anywere. Nearest ones available seem to be July 2003. If you're looking for early 2004, these will probably suffiice :-

 

http://www.alliance-leicester-group.co.uk/html/csr/termsandconditions.pdf

 

If they can't be found anywhere (anyone else help), you could always put a note on your index that these were the nearest ones you could find, should be OK.

 

Mimi x

[MimiJane]

Yep, onto the court tomorrow (again:rolleyes:). I'll point out that it's just wasting the court's time if it gets that far, when the judge has put in his order that if the defendant doesn't comply, it's judgement by default "without further order" and we'll see what happens. In the meantime might hear from Wragge. Getting nearer to the dreaded court date of 1st August:shock:

 

Mimi x

[MimiJane]

Excellent monkeyboy