Can I reclaim charges to reduce settlement?

[tomterm8]

Send this letter, special delivery:

ghet.doc

[ghettomessiah]

yeah the image resizing options didnt seem to work:oops: i'll edit them to be links instead:)

 

That is a brilliant letter tom, i really dont know what i'd be doing without you in this case:)

[tomterm8]

New letter, special delivery to court. E-mail / fax the soliciters a couple of days latter

 

EDITED: Had to make it slightly less aggressive:)

ghet2[1].doc

[ghettomessiah]

Just when i thought it couldnt get any better!:o

ok do i send this aswell as the letter to the solicitors or shall i abandon that in favour of this??

[tomterm8]

Just when i thought it couldnt get any better!:o

ok do i send this aswell as the letter to the solicitors or shall i abandon that in favour of this??

 

i changed a few lines, to make it read slightly better to court...

 

yes, you need to send both letters to the claimant. They have slightly different purposes... one is an application notice, asking to change the defence.

 

The other is a settlement letter so that if you ever go to court and the judge asked "did you offer/ try to reach a settlement", you can honestly say "Yes, sir.".

[ghettomessiah]

ok i'll send the settlment offer today and amend defence officially tomorrow=)

 

I bumped into my GP today at the shop and brought up my problems with him in public, he said to book an appointment with him:) maybe i wont need to change doctors after all

 

when i amend my defence, do i need to fill out the counterclaim form they gave me too??

 

thanks again tom:)

[tomterm8]

ok i'll send the settlment offer today and amend defence officially tomorrow=)

 

Cool. Fax the settlement letter, then the amended defence.

 

Then phone them up the next day and ask them if they have recieved the letter. Don't get dragged in, but let slip the fact you're submitting your counter claim within the next few days:)

 

I bumped into my GP today at the shop and brought up my problems with him in public, he said to book an appointment with him:) maybe i wont need to change doctors after all

 

when i amend my defence, do i need to fill out the counterclaim form they gave me too??

 

i would send them seperately, I'm still thinking about what to put on the counter claim form... have some ideas:)

thanks again tom:)

 

btw, can you tell me what the headers are for the counter claim form? Need to be working on the right form... there are sometimes more than one:)

[ghettomessiah]

ahhh my mistake, its an allocation questionnaire:)

[tomterm8]

cool, can you still tell me the headers, lol...

[ghettomessiah]

its an Allocation Questionnaire (small claims track)

 

at the bottom its numbered N149=)

[tomterm8]

Ok. Assuming we are on the same form (and there are a couple, all headed allocation questionairre;) , I would go for:

 

(fill in all the header info)

a. settlement YES

b. Location NO

c. track Yes.

d. witnesses 0

e. Experts no

f. If there are any dates you can't make, fill them in. The court is generous, so make sure you mention any days.

g. Other information:

 

I have asked the claimant for a full break down of all transactions, payments, interest and charges for the duration of the alleged agreement. I am not able to work out exactly how the claimant has reached its figures of the amount due under the alleged agreement.

 

h.fee No

i. signature - fill in, make sure you sign and date.

[ghettomessiah]

i think you chose right, it all fits perfectly:)

i amended the defence last night by recorded delivery too

 

now if i think right now its a waiting game again?

[tomterm8]

i think you chose right, it all fits perfectly:)

i amended the defence last night by recorded delivery too

 

now if i think right now its a waiting game again?

 

Yep... wait away:)

 

This is really an interesting stage, as the judge gets to read everything for the first time.

 

It is also worth phoning the court just to check the opponents haven't made any applications in your case - there is a tendancy to make applications without sending copies to litigants in person.

[ghettomessiah]

It is also worth phoning the court just to check the opponents haven't made any applications in your case - there is a tendancy to make applications without sending copies to litigants in person.

 

 

Is that legal? i thought copies had to be sent to all parties:confused:

[tomterm8]

Is that legal? i thought copies had to be sent to all parties:confused:

 

You're correct, and of course I'm not implying that ANY reputable DCA would undertake such practices.

 

However, I believe it may be said without fear of contradiction that on a number of occasions people on this site have experienced events whereby, through some fault of the postal system or unintentional lack of action by the claimants soliciters, their case has been harmed by not recieving the requisite notice of applications made by the claimant to the court.

[ghettomessiah]

hehe that postal service:D the credit card application forms all make it dont they:p

 

got a letter from the powers that be today, now they've sent me Application notice N244, with a covering letter stating:

 

Your letter dated 23 July 2007 has been placed before the deputy district judge who directs that;

 

"Defendant must issue an application for leave to amend his defence."

 

I await the filing of my application together with relevant fee.

 

Now correct me if im wrong, but didnt the letter preluding my defence do the same job?? the form they sent is pretty vague, says applying for orders, not about "leave to amend my defence"

 

Sechiari Clark and mitchell wrote too.. their communicae is more complicated, including a reply to amended defence...

 

They insist in their covering letter that there are no charges levied on me, yet in their statement of account which i forwarded to court in my amended defence they are now claiming that i supplied it:o

 

they say that the insurance is nothing to do with them or black horse, and that i should contact them myself...

 

reading the miniscule text at the bottom of insurance paperwork, it clearly (LOL) states that the policy is underwritten by lloyds tsb general insurance ltd and states their address:) arent black horse just a front for lloyds then:???:

 

they've rejected my offer of settlment at £2.50 a month/week

 

I'll type or scan it up later when i have a little more time, however the general theme seems to be "If you're going to claim on the insurance please contact us to let us know and get on with it, otherwise we'll apply for judgment as you're wasting our time"

 

or in their own words... "your defence shows no realistic prospect of success"

 

I'm quite miffed with this court system, its supposed to be done in a way that laymen can understand, and im about as lay as they come in law, and im pretty lost. their forms and advice are useless without your help..

 

Im not sure of my ability to claim on their insurance as it states i must be receiving regular treatment, which i was unable to do due to lack of funds and misadvice!! My guess is to write lloyds and ask them for a claim form and see where it goes, am i right??

[tomterm8]

Okay, well, we'll just fill the drang form out... LOL... seem to remember you are unemployed anyway, and now in receipt of benefits, so I don't think there is a fee.

 

I would be interested to read the letter... of course, they say you have no realistic prospect of success, LOL. they would say that. It's when the judge says it, that's when you worry:)

[ghettomessiah]

yes you're quite right, im a fully qualified bum atm=) i also booked in at the doctors today, will be getting checked out tomorrow and hopefully referred to a back doctor of sorts.

 

I'll scan the letter and see how it looks, and then probably type it myself. It does make interesting reading. be back soon, for now i must go and be ill:(

[ghettomessiah]

success!!!

 

Putfile - Uploaded Picture 1

 

Putfile - Uploaded Picture 2

 

Putfile - Uploaded Picture 3

 

Putfile - Uploaded Picture 4

[tomterm8]

Now, it's quite funny... it seems the DJ (district judge) is going to be quite confused, as the defence hasn't even been amended yet...

[ghettomessiah]

That did cross my mind hehe although i dont see them filling in any form to reply to my defence either:D

[tomterm8]

They also seem to have completly shot 'emselves in the foot, did they actually sign that statement of truth?

[ghettomessiah]

yeah it is, i just removed the signature to protect my identity..

 

saw other people doing it so thought to chop it out=)

[tomterm8]

In point 4 of the response, they say that the default notice does not require to remedy the breach; in the particulars of claim it says the default notice did require a remedy (payment of arrears). which is true?

 

Can you scan the default notice, if possible?

[ghettomessiah]

Why i do believe they demand a remedy do you think they were asking for paracetemol then?

 

scan in 5 mins