Transfer of proceedings ?

[stikiuk]

does it say anywhere on the paperwork whether it is a directional preliminary or allocation hearing?

 

Jansus:)

 

Hi, it says " NOTICE OF ALLOCATION TO THE SMALL CLAIMS TRACK (HEARING)

 

Then further down it says " the hearing of the claim will take place at blah blah "

 

It also says " if the claimant attends but the defendant does not, the district judge may make a decision on the evidence of the claimant only. "

Now the only evidence we have been asked for were the schedule of charges Im not to sure what else to take with us on the day

[gizmo111]

If the other side had been asked to submit anything then it would have been on the orderthat you reeived asking you to submit your schedule.

[gizmo111]

I do think you are entitled to know if Wragges have to appear as well.

 

Absolutely they do if they wish to argue their case - no dount they wil lsettle before the court date.

[stikiuk]

If the other side had been asked to submit anything then it would have been on the orderthat you reeived asking you to submit your schedule.

 

Finally got to speak to someone else at the court who just confirmed this, she also said if the judge had decided wragge should submit anything then we would have been sent the same order as them.

 

She even said its very likely that wragge wont turn up I hope thats the case.

Just another quick question guys this is relating to another claim with Nationwide, When the other side are given the 28 days by MCOL to file there defence is that working days ???

[MimiJane]

Finally got to speak to someone else at the court who just confirmed this, she also said if the judge had decided wragge should submit anything then we would have been sent the same order as them.

 

She even said its very likely that wragge wont turn up I hope thats the case.

Just another quick question guys this is relating to another claim with Nationwide, When the other side are given the 28 days by MCOL to file there defence is that working days ???

 

No, everything works in calendar days

[stikiuk]

Just a quick update guys, We have our court date at 12 tomorrow. Not heard a peep of Wragges, was hoping and praying we would of had an offer by now

 

I am sooooo nervous now, i know the judge has only asked for the shcedule of charges but just feel like we should be taking loads more with us.

 

On a positive note we had a seperate claim going with nationwide, they had till 12th july to get there defence in. On the 12th we got a letter of them with a cheque for an offer just under £100 short which we gladly accepted as i dont think my nerves could have taken another court date

 

Dony know if its worth giving wragges a call today to see if they will settle or even if they are going to turn up, what does anyone think ?

[cazawilson]

I'm so suprised that you havn't heard from Wraggle yet, however the day is not over yet. I have just had my hearing date and need take nothing with me the Judge has done away with the "bundle".

 

Well done on the Nationwide claim:D. It is very nerve wracking I know. It's entirley up to you wether you ring Wraggle or not,(sorry don't know how to advise you) I would be very suprised if they do turn up. You'll have your schedule of charges, take a copy of your Particulars of claim and like Jansus said remember if they ask say you have breached the contract and the charges are penalties.

 

I have sent 2 nudges to Wragge, the last one sent on Friday and have just received my hearing date for September. If I don't hear something soon I may be tempted to ring them, particularly as the Judge was suprised that they hadn't settled yet.

 

Good luck, Caza

[MimiJane]

Hi Stikiuk,

 

You've come this far and I think you'd kick yourself if you didn't go for the full amount now. I'd ring Wragge by all means but, personally, I wouldn't accept anything but full settlement ... it's entirely up to you though.

 

Best of luck and report back ASAP when it's all over ... if it gets that far!

 

Mimi x

[stikiuk]

Thannks Mimi and Cazza,

 

Just rang Wragges and the solicitor who's dealing with our case Fiona Hayles is off till next week !

Said she will see if she can find out who is dealing with her case and call me back !

Is there a link on here with copies of "Nudge letters "

or are you just using your own ?

[MimiJane]

Typical:rolleyes:

 

Here's a link to nudge letters. Notice they're for "no AQ", so you may have to alter to suit :-

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html?highlight=allocation#post695176

 

Let us know if someone calls you back.

 

Mimi x

[cazawilson]

Hi Stikiuk

 

If you've got your court date tomorrow, and the solicitor whos dealing with your case is off till next week, who on earth are they intending to send tomorrow???????? Obviously no-one, they havn't got a clue have they.

 

Caza

[stikiuk]

Well, sent a nudge email to Ian Weatherall. The total claim is for £1072.43 but we intend to submitt a "Wasted costs order" on top for around £170 since this has taken over 5 months. Got a reply offering us £775, we said we would accept £1000, and he replied that it wasnt a very attractive offer !

Just gonna reply back now and tell him as politely as possible that were not willing to accept ! Does anyone think this is unreasonable ?

Will keep you informed

[stikiuk]

Hi Stikiuk

 

If you've got your court date tomorrow, and the solicitor whos dealing with your case is off till next week, who on earth are they intending to send tomorrow???????? Obviously no-one, they havn't got a clue have they.

 

Caza

 

My thoughts too, Just found out Ian Weatherall is dealing with it while she is off but doesnt sound like he has any intention whatsoever of turning up tomorrow

[stikiuk]

Just got a reply saying he doesnt believe will be entitled to any "costs" as

a) you are a litigant in person and therefore generally not entitled to costs, and

b) more importantly as this case is in the small claims court it is very rare for costs orders to be made in favour of any party.

Therefore my clients offer of 75% of the claim is generous, especially when you take the risk of litigation into account.

I have no instructions to put a revised offer to you today or at tomorrow's hearing.

In terms of payment 28 days would represent the longest period you would have to wait for payment.

Any advice appreciated here guys, really dont want to accept this offer but whats the chances of us losing completely tomorrow.

Aaaaaaarrrgggghhhhh

[jansus]

I would have to look up wasted costs a bit more but I know that I have read some judges have paid and some have not - but that indicates it is up to the court not them whether they are awarded. I THINK most people have won and then put in a wasted costs order afterwards. Some people have accepted the amount of claim plus 8% - some have accepted less the 8% - so really it is up t you what you want to do

 

- bumping your question up anyway.

 

jan

 

Legal Arguments in support of Claim Case guidance notes - bringing your case to court

 

Wasted Costs From The Beginning!

[stikiuk]

I have just accepted an offer of £900 from them. They have said they will send the money out within 28 days, he said even if we obtain judgement tomorrow at court the judge would allow them this long to pay up ???

 

Not sure what to do now, do i have to ring the court and inform them ?

[jansus]

is this just verbal or have you signed anything? I think in some cases people have still had to go to the court and explain the situation- -then as it is so close to the date and you may have to go in -you may get wasted costs anyway????

 

I think the sol have to let the court know as well?

 

sorry previous post overlapped.

 

I will have a read around and see what the advice is.

 

jan

[jansus]

Application for costs *UPDATED*

 

found this

 

jan

 

also have a read on the wiki - there is a letter for accepting offers

[jansus]

you can go to the Wiki - there is a section - going to court- then making a deal - the info is there.

 

Jan

[stikiuk]

is this just verbal or have you signed anything? I think in some cases people have still had to go to the court and explain the situation- -then as it is so close to the date and you may have to go in -you may get wasted costs anyway????

 

I think the sol have to let the court know as well?

 

sorry previous post overlapped.

 

I will have a read around and see what the advice is.

 

jan

 

Cheers Jan,

It was agreed by email, so no weve not signed anything yet.

Gonna give the court a ring in the morning and see what they suggest. I'll be gutted if they say we still have to go as the only reason we accepted the offer was so my hubby didnt have to go into court

I might sound a bit thick here but wat is the WIKI ???

By the sounds of things Wraggys had no intention of turnug up at court and they only made us the offer after we had contacted them.

They shouldnt be allowed to get away with it

Ok moan over

£900 is better than the other 2 offers they made us, but im starting to wonder now if we'd held out would they have offerd us more ??

[jansus]

Case Guidance notes - making a deal.

 

hi I found this - cant be much more help as have not got to your stage-

 

The WIKI is the new section - there is an announcement in red when you come on the site - which helps you find your way around.

 

I know you will have to let the court know and then they may ajourn for two weeks to let you get the money - you dont want to cancel in case you dont get paid.

 

It looks like they had no intention of turning up though- surprise surprise:rolleyes:

 

jan

[stikiuk]

Thanks for your help Jan

It says we should put the agreement to the judge and let him make it as an order. Which is a really good idea when you think about it.

We also asked them in all our letters to remove the judgement of our credit file, from reading that info it looks like we have to ask the judge to do that ??

So i think its off to court we go

Will report back tomorrow after court !

[stikiuk]

Just had an email of wragges

 

Please find attached a consent order in accordance with the terms of our email exchange today.

 

I have already signed it on behalf of A&L. Please can you sign it and lodge it with the Court and provide me with a copy once you have signed.

 

The order states we have accepted £900 as full and final settlement

The defendant will make payment by 16th Aug

There will be no order as to costs !!!!!

Doesnt say anything about the judgement on our credit file though

Does this basically count as an admission by them ???????

[jansus]

please let us know how you got on today?

 

Jan:confused:

[stikiuk]

please let us know how you got on today?

 

Jan:confused:

 

Arrived at court to be met by a REP of A&L who was there purely to scare us into an offer, he had no idea of the agreement we had already made with Wragges.

He had no intention of going into the court room, he had not even informed the ushers he was there ! My hubby entered the court alone and the judge sent him out because there was no rep of A&L, he then orderd the rep into the court, and the judge basically wiped the floor with him!!! He said it was extremely discourteous and it was not good practice. The judge asked him if he had any intentions of going into the courtroom today for our case and everyone elses that was there and the rep said he had not been instructed to do so !!! He then asked him if he agreed with the amount to which he said yes and then said we would receive the money within 14 days, not the 28 as they wanted. Hubby tried to ask a few questions but was told by the judge he was too busy!!

I am soooo mad at the way they are behaving, they shouldnt be allowed to get away with it

Anyway we got our £900 (£142 less than the total) now all we have to do is try and get the judgement removed from the credit file as the judge said he was not allowed to do that.

Thankyou all sooooo much for your help, i couldnt have done it without the support network of you all on here.