Just Been To Court!!

[dj9928]

I cam across the link for the basic court bundle http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html do I really need all thats in it? I mean I though as long as I had any letters of communication, list of charges, OFT statement i'd be fine,

 

I mean in 99% of that bundle I don't even have a clue what they're on about, I mean I'm not exactly well educated, and if they ask me a question about the contents of that bundle I won't have a clue, I mean its just confusing things for me anyway.

 

Any advice??

[jharrod]

Hey dj9928

 

You will need pretty much the documentation in the bundle. You will also need to include all relevant documentation relating to your case so far. Including everything from the bundle will give them less chance to retaliate because you have all the evidence against them.

 

I am at the stage of sending the bundle to the court and Barclays (my court date is set for 2nd July). Each bundle is 45 pages roughly (including the pages referred to by the links) + your schedule of charges + statements with charges.

 

I'm going to print-out one copy at home and then pay for photocopying somewhere in bristol. Someone told me about a discount you can get for the photocopying but they were not able to find it. If I find it, I'll let you know.

 

If you need anymore help, just post a message on here and someone generally replies pretty quickly.

 

I will subscribe to your thread so that I can see how you progress. You can keep track of my progress here: http://www.consumeractiongroup.co.uk/forum/barclays-bank/45185-jharrod-barclays.html?highlight=jharrod

 

J

[johnny131070]

subscribed

[dj9928]

I am getting really really nervous here for a number of reasons, I am claiming against A+L, the solictior phoned me to see if I will be defending myself or not and if I will be bringing any witnesses to the hearing, I have never read of this happening.

 

And more recently I have been in contact with another member over the months as she's also claiming against A+L and in the same local area and in court the same week as me, shes claiming slightly more, but she sent in her court bundle and phoned the solicitor to see if they have received it, the solicitor said that they are going to recommend that a+l refund the entire amount claimed. I tried this and the same solictior said yes they had received it and was rather ignorant, where as he was pleasent to the other girl. I got no offer or anything.

 

And today I read that the solicitor has offered a payout to another claimant for even more than me and her are claiming and his hearing isn't away to July, mine is in a couple of weeks.

 

Would I be wise to hire a solicitor?

[Gez]

You would be wise to prepare your court bundle, read & understand how to argue your case if in the very unlikely event you end up in court.

This guy sounds like he is trying to intimidate you. He will certainly not turn up if you made it to a hearing. Hold your nerve, he will cave before you do..

[dj9928]

Just to update you's, I have to phone A+L's solicitors on Tuesday, Hopefully they are going to settle.

[MimiJane]

Just to update you's, I have to phone A+L's solicitors on Tuesday, Hopefully they are going to settle.

 

Good luck:-) Be sure to let us know what happens ...

[gmcdonald]

can any one help me alliance are defending my claim, so it will be going to my local courts, has anyone got this far with them. and what is the next step.

[MimiJane]

Loads of us are way ahead of you and have received a court date and "directions" from the judge. Have you actually received your defence yet? If so, you need to have a good read of it and, if they say you haven't "particularised" your claim, send them your charges schedule and say you hope this clarifies your claim.

 

You then wait for your local court to get in touch with a hearing date and directions, i.e. what the judge wants you to provide by a certain date. When you get this, post it on here if you want some help.

[brommers]

hi

just recieved a court datefor the 20th aug for our claim

can anyone shed some light on the statement of evidence?

we sent all the schedlue of charges etc:confused:

[MimiJane]

hi

just recieved a court datefor the 20th aug for our claim

can anyone shed some light on the statement of evidence?

we sent all the schedlue of charges etc:confused:

 

PM me (see link above) with your email and I'll send you the S of E.

[brommers]

will send you a pm when i can remember my password:o

[MimiJane]

You don't need your password ... just type my name in and your message.

[pixie5]

i started my claim a few months ago now. I received a letter from my local county court a few days ago saying the hearing has been listed for 31/07/07 at 2pm. They previously sent me a cheque for £250, my claim is for £1000 so i declined it and have not heard anything until now.

I am just hoping they pay out in the end as I don't want to have to go to court and lose and then pay out their court costs.

I'm not panicking yet but I am a bit concerned as most threads I ahve read people have had their money back by now.

[PPMAN159]

Dont panic Pixie-why should you lose if you go to court?

 

As long as you have followed the correct procedures and filed the correct letters then everything will be fine.

 

Just ensure that all of your paperwork is in order just in case it is needed at a leter stage.

[MimiJane]

i started my claim a few months ago now. I received a letter from my local county court a few days ago saying the hearing has been listed for 31/07/07 at 2pm. They previously sent me a cheque for £250, my claim is for £1000 so i declined it and have not heard anything until now.

I am just hoping they pay out in the end as I don't want to have to go to court and lose and then pay out their court costs.

I'm not panicking yet but I am a bit concerned as most threads I ahve read people have had their money back by now.

 

In a small claims court, you don't pay costs to the other side, so all you'll lose is any expenses along the way, e.g. cost for filing the claim.

 

There are many of us with court dates now ... my hearing's listed for 1st August. Don't know how A&L/Wragge intend to play it, but it's unlikely it will go to court and, even if it does, it's even more unlikely they'll turn up.

[dj9928]

As some of you's will know I am in court next week against A+L, I am claiming £950+ Interest of £200, the first offer of £150 I declinded 2 months ago. I got a letter last week from the local solicitor and I was to phone them today ahead of my court date next week. The same solicitor offered another A+L claimant the full amount last week, I wasn't so lucky.

 

I'm going to court and need advise, he got me on a few subjects and I don't want to muck up in court.

 

He offered £400, I declined, I said I will only accept my full £950, He says "IF IT GOES TO COURT YOU WILL NOT GET 100%"!!!. He then says, he does not have a blank cheque book and can not settle for the full amount I am claiming, again more bull as he settled with another member last week.

 

He goes on to say, "Do you expect the banks to offer banking for free, thats why there are these fee's" He caught me out a bit, I said it does not cost £25 to send out a letter, he then said "What would you be prepared to pay?" I said I don't know but even the £12 set for credit cards is very generous, I mean 40p for a stamp, 5p for envelope, 5p for paper,5p for ink, it may cost £12 if it came via Australia of something.

 

So is there truth that I will not get 100% of what I claimed. And what should I say in court if he asks about how much do I think each charge is worth etc.

 

Maybe just coincidence but I'm in court 29th June, court papers had to be submitted no later than 10 days before the case, today is 19th June, so he must be serious about court

[dj9928]

Anyone?

[dj9928]

As some of you's will have read I was to phone the solicitors today ahead of my court date next week. The same solicitor offered another A+L claimant the full amount last week, I wasn't so lucky.

 

I'm going to court and need advise, he got me on a few subjects and I don't want to muck up in court.

 

He offered £400, I declined, I said I will only accept my full £950, He says "IF IT GOES TO COURT YOU WILL NOT GET 100%"!!!. He then says, he does not have a blank cheque book and can not settle for the full amount I am claiming, again more bull as he settled with another member last week.

 

He goes on to say, "Do you expect the banks to offer banking for free, thats why there are these fee's" He caught me out a bit, I said it does not cost £25 to send out a letter, he then said "What would you be prepared to pay" I said I don't know but even the £12 set for credit card is very generous, I mean 40p for a stamp, 5p for envelope, 5p for paper,5p for ink, it may cost £12 if it came via Australia of something.

 

So is there truth that I will not get 100% of what I claimed. And what should I say in court if he asks about how much do I think each charge is worth etc.

 

Maybe just coincidence but I'm in court 29th June, court papers had to be submitted no later than 10 days before the case, today is 19th June, so he must be serious about court.

 

If It goes to court I am pretty sure I will loose, As my mother always said, if it wasn't for bad luck I wouldnt have any

[c_allen]

he's talking absolute bull****, if you win you will get the full value of your claim, [ unless something has changed in the last 3 weeks while i've been offline] and you'll get the s69 interest, unless you've gone for the C/I or the CCI, in that case it's up to the judge which rate you'll get. as for him saying about free banking, how come it's the people who can least afford to pay for this so called ''free banking'' that end up paying for it, when the only ones that actually get free banking are the ones that could afford to pay for the ''services''.

only you can decide if you've done the right thing, but IMHO you have.

make sure you're ready for court, but i'd expect another call v soon, offering the FULL amount.

if it does get to court, and you are asked about how much you think you should pay, then tell them you could only come up with an accurate figure if the bank was willing to FULLY DISCLOSE THEIR COSTS.

 

have you received their bundle yet???????????

 

good luck:D

[dj9928]

he's talking absolute bull****, if you win you will get the full value of your claim, [ unless something has changed in the last 3 weeks while i've been offline] and you'll get the s69 interest, unless you've gone for the C/I or the CCI, in that case it's up to the judge which rate you'll get. as for him saying about free banking, how come it's the people who can least afford to pay for this so called ''free banking'' that end up paying for it, when the only ones that actually get free banking are the ones that could afford to pay for the ''services''.

only you can decide if you've done the right thing, but IMHO you have.

make sure you're ready for court, but i'd expect another call v soon, offering the FULL amount.

if it does get to court, and you are asked about how much you think you should pay, then tell them you could only come up with an accurate figure if the bank was willing to FULLY DISCLOSE THEIR COSTS.

 

have you received their bundle yet???????????

 

good luck:D

 

Nope I havent received it yet but it had to be submited no later than 10 days before the case, this is the 19th, case is on 29th so he was obviously seeing what I was going to do today before submitting his bundle.

 

The BOLD above that was the line I was after today on the phone!!!!!!!! My mind went totally blank,

[MimiJane]

Why should you lose DJ You'll turn up (it's unlikely they will), you're going well prepared with your bundle (which'll look good), you know why you're there and have presented a good argument above re. why their fees are unfair.

 

No judge will expect you to be a legal expert and it's still quite probable they'll approach you about settling before the court date.

 

We're all routing for you and try to stay positive

[alice-rose]

hi dj9928,

what did the alliance give you a default for.

I read somewhere, on this forum (think it was the Capital One Forum) you have to get that default removed before it reaches the court hearing - otherwise it stays with you - and its extremely difficult to remove.

if you type in Capital One in the search it will bring up the threads for you (they have since changed their name - but it still brings up the relevant info)

I will try and find the thread and get back to you.

good luck with the Claim

alice x

[Zactheboy]

What does this conversation amount to?

 

I am sure readers can decide.

 

Perhaps a few questions from you like:

"How many have you actually won in court?

 

If a Solicitor calls I shall simply ask if they are paying the full amount + Court Fee + interest.

 

If the answer is no I shall politely hang up.

 

The time for negotiation was over for me during the 28 days between preliminary letter to LBA to Court date.

 

I have no intention of 'talkng it over' with anyone.

 

You wait - they will pay

 

Z

[c_allen]

you should always talk and try to come to settlement, IF it gets to court then the judge would EXPECT you to have taken EVERY offer seriously, don't ever say anything like that in any letters, and certianly not in court