Burke vs Alliance & Leicester

[squarebob]

Morning All,

 

The sun is shining! I've done my washing and now I'm about to do some gardening, not the earthy type, but here among you flowers! I should have used the 'Gardener' as my alias instead of 'Squarebob', but that's what my sister says I now look like (body-wise) so who am I to argue with a woman. Enough of this nonsense and let's crack on. This is an answer covering most pm's above.

 

I started my ball rolling end of Feb this year after enduring a number of 'Knock-on'- penalty charges. Now it's the end of June and soon we will be into July, even though it's still 2007, it seems as if a year has passed by already. Since I have started my claim, the information coming through seems to have grown. First there was the C.I. should I apply it? and if so what rate? Should I say this in my letter, or should I say that, there was a lot of helpful information, plus a lot of conflicting information, and yes, it does seem as if your head is about to explode. I put my AQ in yesterday and spent a sleepless night wondering whether the judge would read my draft questionnaire and information sheet as, having dropped everything on the floor, the clerk just stapled everything together, took my fee and said goodbye. I even filled in my A.Q on line and printed it off rather than use the one the court sent, as I wanted everything to look as neat and professional as possible, and still ended up making a 'pigs-ear' of everything because the floor and the counter in the court office was wringing wet. Worry? I say stop, walk away for a day, then come back, hopefully things will look clearer. As for claiming C.I. that's a decision only you can make, if you do, it's only a 'pie in the sky thing' if you get it, it's a bonus' if you don't, you will still get the 8% awarded via the court. When you do include it in your 'Pre-Lim letter it must give some one quite a shock, especially when they see it broken down thus, charges, £437. plus interest £1,537!

I found a witness statement, that I will modify and use, like everything else I have done so far. The author has put in the following; he sets out that he is claiming C.I, how much and why. He then goes on to say that if the judge does not approve of this then he will then reduce his interest rate, in this case to 16% and once again sets out how much interest that would be, and again if the judge did not approve of either percentage rate, he would accept the 8% awarded by the court. The author used three rates of interest, his banks unauthorised and authorised rate plus the courts 8%. He attached 3 different spreadsheets with 3 different rates of interest and basically left it for the judge to decide which one he got. In our case, A&L have a fairly low rate of interest, so our drop would not be that big. At the end of the day, we would hopefully, end up with a lot more than we started.

So to pinch the words from a song. "Don't worry, be happy"

 

Have a nice day

[wobbles5063]

Hi hoping Sqaurebob is out there somewhere, to give me a hand in understanding what this test case now means, been ticking along quite nicely with me letters and now this happens. Ive read the threads and not sure im understanding this fully.

 

Hubby had an offer for a hell of a lot less than was being claimed which we turned down!!! The 14 days for them to respond regarding what would we deem acceptable was up on Thursday the 26th July, I should now be doing the court process part for him and also for my own (mine somehow seems to have caught up with his). Do I carry on to the Moneyclaim Online or do I stop? Alliance and Leicester and one of the Banks not taking part in this test case at all. Although my bank YB are (they will do anything to delay paying that lot)

 

Help really dont know what im doing now .... continue with my time scales or wait for the test case. Though I have read on here this morning that Moneyclaim is permanently down since this test case was announced.

[squarebob]

Hello Wobbles.

 

Well at least one of us is hear, (Split Personality)

 

If you haven't started your claim yet, it's the NI route for you, you now have a nice new POC to use on your claim form, it was put together by a QC for those claimants who went to Hull, so should be a lot stronger then the ones we used. The new POC is on the main forum already to be downloaded.

 

So Wobbles, just carry on as Usual. Could be a long time before we really know what is going on. Need any more help, just shout.

 

Regards

Squarebob (I think)

[wobbles5063]

Hi squarebob, glad your still about, for help.

 

Im still a little confused. I have just tried the moneyclaim on line website and it seems to be working, but reading your above message it looks like i need to forget about moneyclaim and continue this process with the new POC that you mention. Wonder if you would be kind enough just to confirm i have read your instructions above properly.

 

Thanks for you time. Wobbles

[squarebob]

Sorry for taking so long, only came back to see what Alice is rabbiting about. The answer is NO MCOL, YES NI. Methinks the reason could be two-fold, A/ they are accepting no more claims on MCOL, and B/ (the best reason) your new POC is longer and therefore cannot be squeezed onto the MCOL form. At least with NI everything goes together, and if it's handed into court by you, then at least you know that they have got it.

 

Squarebob.

[wobbles5063]

Hi Squarebob, thanks for coming back to me. Will set about doing the POC tomorrow, cant be bothered tonight, appreciate your help, was reading your threads with the other ladies on here your one very busy person, helping us ladies, so I really appreciate your help. Did get very confused reading through a one point though hadnt got a clue what any of you were chatting about .. but you all seem to be having fun.

 

Thanks again Wobbles