kpsh87 v A & L

[kpsh87]

Hi All

Have been an avid reader for the last couple of weeks, gone through the letters etc and issued MCOL on 16 May. Today received letter from Wragge & Co stating intention to defend and a letter from A & L to say thank you for my patience but the complaint is taking a little longer to look into...

It's good to know there are so many of us at the same stage, doesn't stop me from getting v. nervous, though I feel better reading the threads.

Thanks

[thesergeant]

Don't get nervous,

 

Be patient, ignore all their time wasting maneuvers, keep to the time table and process and all will be fine.

 

For those slightly nervy moments we are here to calm you down ..........

 

Good luck :D

[kpsh87]

Hi there

 

Thank you, will keep you posted with any more news.

[kpsh87]

Hi all

Received an offer of £1821.50 from A & L yesterday, then in this morning's post have had a cheque for £2071.50 which they have said now very kindly includes my court fee reimbursement of £250.00. As with everyone else's offer it states the difference between the charge and £12.00 etc. Also says if I accept the offer they will keep my account open, as 'other' banks are closing their customers accounts if they complain about charges.

 

Still waiting for the 6 page defence from Wragge & Co

[chubbas dad]

excellent news. well done , i hope mine goes that well:-D

[kpsh87]

Sorry to disappoint you but my claim is for 4650 before interest and costs so I've been offered just under half of what I have claimed for. I have only put my name on the MCOL claim of our joint account and am now worried that Wragge are going to have the case thrown out, as someone else's defense stated this today. Tempted to accept the offer. All I have had from Wragge so far is the letter to say they will defend. Bit of a dilemma but don't suppose I should make a decision until I received any more paperwork from Wragges.

[chubbas dad]

omg,thats a bit poopy,but look on the bright side, you had an offer, it can only get better.not sure about the joint name part,as i have this account in my name only.im sure it will be ok for you both,someone will know what to do next:D

[kpsh87]

Thanks for your encouragement will just wait and see what Wragges defence says, best of luck with yours

[kpsh87]

Hi All

Hope everything is ok with everyone. Received my defence today. (usual 6 pages) - insufficient particulars of claim which i thought I would send a copy of schedule to Wragges with a covering letter. (have already sent one to MCOL and A & L)

 

Also have The Limitation Sect. 21 - the charges incurred by the Claimant at any time prior to 6 years before this action was commenced was statute barred by virtue of section 5 of the Limitation Act 1980. I requested statements on 23 Feb and received them on 2 April. However I have listed my first charge on 22 February, should I have recorded my first claim from April, really worried I have added too many claims. If so do I have to amend the claim.

 

And is there anything else I need to do now?

Thanks

[kpsh87]

Hi All:)

Today received allocation questionnaire to fill in and return by 26 July, looks like more reading up now. Also, is it best to post the AQ and fee back to the court or take it down in person?

Thanks, seems to be quite a few of us at the same stage now.

[kpsh87]

Hi

Just been reading up on the AQ, will fill it in tomorrow as brain hurts at moment! Can I just check that I also send in the draft directions. Not sure how to word a covering letter, is it best to keep it brief. Have checked lots of posts but not really sure what to write. Also, is it a bit early to send a nudge letter to Wragges?

Thanks

[kpsh87]

Hi All

I have been helping my mum with her claim, also with A & L, completed MCOL on 10 July, had 2 offers from A & L - standard offers about a third of amount. Today my Mum has received a Notice of Part Admission (form N225a) from Northampton Court, attached to it is a copy of A & Ls offer letter - which she has already rejected by post to A & L. Has anyone else had this or is this a new take on things. She has to let the court know by 11 August if she wants to accept or decline this, and also has to confirm this to A & L again. I personally didn't have this.

ALSO, she has had her typical 6 page defense from Wragges, now does she send the completed N225a to Wragges or A & L (as the offer letter is from them) Hope this makes sense.

Confused:confused:

[kpsh87]

Hi All Please help

Regarding my claim, I have just had this back from the court..

The Claimant shall by 1 Aug file at court and serve on the Def a Schedule of all charges complained of with dates and reasons.

By 22 Aug, all parties shall send or deliver to the other party and to Court written statements, which are signed and dated of all evidence including their own and including any docs which they intend to rely on at the hearing. A final hearing will only be listed on compliance with the above directions.

Does this mean a basic court bundle, would appreciate help

Thanks x

[chubbas dad]

the first part is very similar to mine kp,just do exactly as it says and sit back and wait again.:pits just enough paperwork for the beak to look at then decide a date for court.the second part for the 22 looks like the rest of the bundle,chek with jenny, i think is best move

[kpsh87]

Hi Chubbs

 

Thanks for that, I will check with Jenny - this is the part I need that extra bit of spoon feeding! Will also check the court bundle for dummies out.

Take care

KP;-)

[chubbas dad]

no probs kp,im glad your still around,and doing your bit for the a & l ff.........:grin:

[kpsh87]

Hi Everyone

Been away on hols and it seems really quiet here. Put my court bundle in before holiday and had to refer back to the judge on 29 Aug. for a date. Waiting for me on my return was a letter from CC to say case had been stayed. About to fill in N244 with additional notes on removal of stay. Reading through threads I noticed someone said that if the stay was lifted and you lost the case at court you then became liable for costs? Anyone else know anything about this?

PS Where is everybody;)

[jansus]

I know its deserted isnt it - thats happened since all the stays

 

I dont think you can be liable for the costs in the small claims track cases - I read that question on a thread and sure that was the answer.

 

If you get a hearing for the lifting of the stay then I dont for one minute expect the A&L will appear. They have not even requested individual stays.

 

Having seen jennys thread on here today they are playing the game -of who blinks first -so just play the game as well. Are you liable for a fee for the appeal against the stay - or is it exempt as at the courts own initiative?

 

Did you know there is also a seperate forum for cases that are stayed under general?

 

 

Keep letting us know what is happening as there are still a few of us who are trying to help if we can .

 

Read the threads in successes as well

 

Jan

[kpsh87]

Hi Jansus

Many thanks for your message and well done on your success that is excellent news. I sent my N244 form of today, so the waiting begins again.

Will keep you posted.

[jansus]

I would keep reading on here and on new posts over the next few days - as A&L seem to have put in thier first request for an individual stay - so that may change things.

 

So please keep reading as many posts each day as you can - as things can change.

 

 

Also there have been two cases where the judges have not granted stays but have frozen charges - this is very relevant as well ( link is on some posts I did yesterday) pre-warned is pre-armed

Jan

[jansus]

hadyanth vs Lloyds TSB - Goodbye fingernails...

 

please read some threads in lloyds - links on here

 

might help

 

I think the costs may apply to larger claims over £5000?

 

Keep reading

 

 

Plus did you see OFT may be dropping claim

Jan

[kpsh87]

Thanks for the info Jan makes interesting reading. Havent read up on the OFt dropping the claim yet don't know how that is going to affect all of us with stays on our cases.

[kpsh87]

Hi All

Hope everything is ok with everyone.

Havent been around much lately as nothing seems to be happening, I have had a letter from the Courts today to say that the hearing of the claimant's application for Stay to be Lifted will take place on 29 November, so after a few months of not bothering it looks like its back to swotting up on everything again...

Is there much I have to do, my court bundle was sent off in early August. The letter states that it is ordered that this matter be listed on notice to all parties on the first open date with a time estimate of 1 hour?

Anyone have any advice??

Thanks, kp

[jansus]

I suggest you have a look at the forum under general for cases that have stays or hearings for the stays to be lifted - I will post the bundle for stay hearings in a minute.

 

I think one thing that seems to be coming across is it not easy to get the stays liftes unless you also add a personal argument as to why it should happen - even on hardship grounds people are really struggling.

 

I will post a few threads that may be of interest - but of course you should have a good read round to see if there are any particular arguments that might help your case. To be honest as the courts are arguing the case is due to start shortly I think their hands are tied.

 

 

Bundle for stay hearings

Skeleton argument for stay hearing

 

court stay lifted, new court date - must file a skeleton argument

 

 

Jan

[kpsh87]

Hi All

Had a large package from Wragges today - their witness statement that they have filed with the court today (have hearing to lift stay on 29 Nov). They have just referred to all the points in my letter relating to my request for the lifting of the stay and sent me all the paperwork for Mark Heynes v HSBC and Mark Heynes v A & L at Winchester Court, looks like a nice lot of bedtime reading... Do I need to respond to this or just turn up at the Court? Has anyone else had this?

Thanks

kp:confused: