help

[sgar]

didnt click on any of these, they have acknowledged and defended claim, however when i checked MCOL this evening it said HALTED, received defence through post also and letter from solicitors saying they would defend all of claim, i have already refused £1009 as total is £3664. it seems they have just give up and admitted to owing me the money

[sgar]

filed claim on 30/04/ on 05/05 received letter defending claim, same day received cheque for £1009 but refused this, received defence papers on 10/05. sorry if this is confusing. shall i try to copy more of the MCOL papers for you to look at

[sgar]

Request for judgment

and reply to admission

(specified amount)

if its any help this is the heading on the MCOL now

[enaid]

You cannot do anything now only wait to hear from the courts. They have made you a partial offer which you have refused, so now it will go to your local court.

[Michael Browne]

it seems they have just give up and admitted to owing me the money

Possible, I suppose. You need to ring MCOL tomorrow and check.

They should be able to tell you.

[sgar]

ok thank you

[sgar]

Spoke with MCOL this morning, they said that A&L have put defence in and i will receive this next week, I alreafy have the defence papers though, i received them last week, not sure what to do now, tried to copy and paste the online form from MCOL for people to look at but cant do it as it wont let me take my name or claim number off, not sure where to go from now, also i havent received allocation questionaire yet, not sure how long it takes for this. Any advice welcome

[Michael Browne]

I alreafy have the defence papers though, i received them last week

,Yes but these were sent from A&L, not the court. Your claim will be transferred to your local court for allocation and eventually a hearing date

[sgar]

ok thanks for your help

[enaid]

There you go sgar, I told you not to worry, you will always get the help you need here, you will just have to be patient now and wait to hear from the court. Don't worry about that either it is very very unlikely you will actaully get there. Enaid.

[sgar]

thanks enaid, still dont understand why they are still defending when the MCOL form says they admit they owe all the money though, not sure i ever will.

[sgar]

just spoke to local county court, said case was transferred there today, court said that monies had already been paid out, however they havent. Rang bank who said they only have details of me rejecting their offer of settlement, he then informed me at least 4 times that due to lloyds tsb winning a case they are considering going all the way to court as they have a good chance of winning and i will recieve nothing. anyone else had the same reply from their bank

[younganfree]

I think they're all gonna be trying that line for the immediate future - they're trying every trick in the book to scare people off. Yet another scare-tactic to add to their repertoire.

I think the window of opportunity for using this one though will be short lived. Don't you?

[sgar]

ive received Notice of transfer of proceedings, it says read accompanying document, then allocation questionaire to be returned to local court, however they have crossed this out, do i need to fill out an AQ, they havent sent me one.

[Michael Browne]

No MCOL are dispensing with AQ's. Your local court will send you their defence and later directions and hearing date.

[sgar]

just contacted local county court to ask about allocation questionaire as i have not received one, when they looked at my case they said the details they have say A&L have already paid me the money, i told her they hadnt, she said to write a letter to them immediatley to say i have not received any money, shall i ring bank again, rang them on saturday but all they talked about was the lloyds tsb case that won. Dont know whats going on now.

[sgar]

just contacted local county court to ask about allocation questionaire as i have not received one, when they looked at my case they said the details they have say A&L have already paid me the money, i told her they hadnt, she said to write a letter to them immediatley to say i have not received any money, shall i ring bank again, rang them on saturday but all they talked about was the lloyds tsb case that won. Dont know whats going on now.

[younganfree]

Don't get entangled in a phone call, sgar, it's best to keep everything in writing - that way you have a true record of what is happening rather than having to try to rely on 'remembering' what was said.

[sgar]

my case was transferred to my local county court on 16th May, i have been in touch a few times asking how it was proceeding, 1st time i was told A&L have said they have paid in full so wrote letter saying i have had no payment from them, rang second time and was told it was still being dealt with and to wait to hear from them (the court) rang last week and was told it was being directed to the district judge immediatlely but have heard nothing since. I have not been sent an allocation questionaire to fill and dont know what the next steps will be. Any advice anyone???

[sgar]

just spoke with local county court, they said my case is going for a 10 minute hearing and i should hear of the date for this by tuesday. Has anyone else been in the same position and if so what should i be doing now.

[Dskelly1001]

received allocation questionaire, i have until 5th july to return, 10 minute hearing scheduled for aug 28th, has anyone else been this far, if so what are the chances of A&L turning up for the hearing, any advice welcome please.

[MimiJane]

received allocation questionaire, i have until 5th july to return, 10 minute hearing scheduled for aug 28th, has anyone else been this far, if so what are the chances of A&L turning up for the hearing, any advice welcome please.

 

Is this the actual court hearing, or a prelimary hearing? Loads of us are now in this position ... have a read through some of the threads. As so many are at the same stage, it's impossible to know what's going to happen re. the court hearing. It's very unlikely that A&L will turn up if it does go to court (I don't think any bank has yet:rolleyes:), but you should be prepared in case you have to attend. At least you've only been allocated 10 minutes ... 1 hour in my case!

 

Another scenario is that A&L will pay up before the court hearing or not submit their "court bundle" in the time specified by the judge in his directions (if they've been asked to submit anything). In this case, you should apply for judgement by default.

 

Keep a close eye on this forum in the next few weeks as people approach their court dates ... things should be clearer than.

[Dskelly1001]

I am busy getting my cout bundle ready but when i listed my charges i didnt use a spreadsheet i just typed out my charges in a list and sent these to the bank. I asked for interest but only up to the date of my claim and when i filled in the mcol claim form i said i didnt want to reserve the right to claim interest up to the date of judgement. Would i be able to just use the list that i typed out and what could i use as proof of the interest up to the date of my claim? Also, 2 of the charges i originally asked for have gone beyond 6 years, do i just remove these from my list and ask for the new amount?

[MimiJane]

I am busy getting my cout bundle ready but when i listed my charges i didnt use a spreadsheet i just typed out my charges in a list and sent these to the bank. I asked for interest but only up to the date of my claim and when i filled in the mcol claim form i said i didnt want to reserve the right to claim interest up to the date of judgement. Would i be able to just use the list that i typed out and what could i use as proof of the interest up to the date of my claim? Also, 2 of the charges i originally asked for have gone beyond 6 years, do i just remove these from my list and ask for the new amount?

 

It sounds as if you haven't had the judge's directions yet as to what, if anything you have to submit for the court hearing? You may not be asked for a court bundle ... many people have not had to prepare one, so don't be too ahead of yourself. Read up on it by all means and prepare your correspondence, statements, etc. in date order and look at the "basic court bundle" link on here, but don't print anything out yet ... you may not need it. Some judges are not now even setting a court date.

 

When you get to filing court proceedings and ask for interest (I presume you're going for 8% statutory?), you really need a spreadsheet to include the dates of your charges, the reason for them and separate columns to include the 8% interest and then the total (this is usually one of the papers asked for by the judge in his "directions"). There's a calculator on here somewhere which you have to use, you can't just add 8% as the interest depends on the date on which the charge was made.

 

I would do a complete spreadsheet and send it to MCOL, together with a copy of the list you sent to the bank, explaining what you did. Give them a ring first ... I emailed my schedule to them.

 

Not sure what you should do about the two charges going over 6 years ... you could make an amendment as it will alter your figures on your POC, which costs an extra £35. I think it's an N1 form you'd need to fill in and submit to the court ... you'd have to ask them. Alternatively,

you can leave things as they are (they'll probably be deducted on settlement). Maybe someone else can advise you on the best thing to do here.

 

Hope this helps.

[younganfree]

... 2 of the charges i originally asked for have gone beyond 6 years, do i just remove these from my list and ask for the new amount?

Were they beyond the 6 years when you first claimed or have they gone beyond the 6 years in the meantime?

If they've gone beyond in the meantime, they were legitimate when you started your claim and should therefore be left in the claim.

If they were beyond the 6 years when you first claimed, then you could possibly leave them in there anyway - especially as there are only 2 - and the worst that can happen is that they get thrown out if you come to the point of standing b4 a judge! They shouldn't have any effect on the rest of your claim.