Help! Close To Court Hearing Now!!!

[boobop]

Hello everyone!!!

 

I am new to all this so pls bear with me... But i have been reading all the threads and have found out lots that i didnt know!!

Basically i have recieved my written defence from YB/CB it all looks pretty standard but im getting very unsure of how things go from here?

What do i need to have for court?

Will i need a soliciter or can i do it myself?

What are the coming stages i should expect?

I have read that most people are being offerd cheques, is it best to except offers? as i would prefer the full amont i am owed as its allmost £3000.

Any one with any information / advice would be greatly needed and appreciated Pls HELP!!!!!!!!!!!

 

Kind Regards

Boobop

[caro]

Hello everyone,

Its my first time at this so pls bear with me:) .

I have been reading the judges threads and replys and im finding them all fasinating!!

I am at the stage were YB/CD have sent me a copy of there defence all seems pretty standard reading ( Its my own fault for not having money in the account, its in there terms and cons etc) However allthough i used the letters from this site at the begining i regretably did'nt use the template when completing the MCOL form i used my own words:confused: Now i have been sent a copy of there defence with a CPR part 18 request for further information - basically i forgot to include my schedual of charges stupid i know!! I have now got these ready to send to them. But so i dont make any more unecessary mistakes is it worth sending a covering letter explaining that only a full settalment will be accepted and would they like to settel out of court?

 

Finally if anyone has any advice on what happens now and how or what i need to do it would be greatly appreciated as im owed nearly £3000 by these EDIT men:evil:

 

Kind Regards

Boobop

 

I'm not really up on part 18 requests, but as I understand it, they should not be necessary for a case that is likely to be allocated to small claims, especially as they've managed to supply a defence without all the information. Are they just after a copy of your schedule or is there anything else they want?

[boobop]

HI

Thanks for the reply

What the letter states is- As you have failed to provide details of the charges you allege should be refunded with your claim form please find enclosed a copy of the banks part 18 request requesting you to provide this information no later than 20/07/07 if i do not send the relevant information then they will apply to the court to order me to supply said information?

Details of amount's and date levied

Details of my account details.

Allthough i did expect them to have this information as i have sent over 5 letters before court action was taken including charges detailed!!!

 

should i just send what they need and let the process roll along is it worth sending a covering letter letting them no im more than happy to go all the way to court unless a full settelment is reached before hand??

 

Many Thanks

 

Boobop

[caro]

I'd just send them a schedule of charges, and one for the court too if they haven't had one.

[boobop]

Hi

Ok thanks

do i just send them to northampton court where these notices are from with the claim No. attached?

 

 

Finally sorry to be a pain but if i need any more help do i just add to this? or start a new thread?

 

Thanks a lot

boobop

[caro]

If your case hasn't been transferred to your local court yet then send it to Northampton, making sure the claim number is on it with a covering letter to explain what it is. If you need more help stick to this thread which will make it easier for people to see your progress so far, and help and support you.

[boobop]

Thanks for that will do!!

 

Regards

Boobop

[boobop]

hi

on my scheduale of charges im i to include court cost so far aswell??

And now its going into the court system am i claiming the money owed before the 8% or after the 8%??

abit unsure

 

Regards boobop:confused:

[boobop]

HI,

forget the last message its all become clear now..

However i have made the dumbest mistake and enterd my own bable in my particulars of claim, would it be acceptable by the court if i rang them to ask if i could send in with my schedule of charges what i actually intended to write in my particulars of claim and send them the printed copy of the court claim???

 

Regards boobop

[boobop]

recieved my notice of transfer of procedings today to my local county court along with the banks defence which from reading other threads seems to be the standard defence. It also states that "the filling in of an allocation questionaire be dipensed with in this case unless the district judge at the transfer court orders otherwise".

Am i corrrect in thinking that i just wait for this to come through? or should i respond to this notice?

I can't see what i can reply to only there defence and i didnt think i was at that stage yet?

If there is anyone at this stage or can offer any advice i would greatly appreciate it..

Thanks

boobop

[cf1958]

I got an offer for full money (no interest) and court costs, about a week after the case had been transferred to Local Court.

 

Sorry to mention this on your thread, but can anyone tell me what clicking the scales does, there is one person on here who seems to be on nearly everyones thread and asking them to click the scales.

[caro]

You can add to peoples reputation by tipping the scales, and when they get enough reps they get another green blob by their name to show they're helpful. The more posts people have, the more their reps their clicks on the scales add to the persons total.

 

It's not always a good indicator though as sometimes people just click on their friends scales for no apparent reason. Some people have the facility switched off for that reason.

[cf1958]

Thank you Caro, you are always there to help, hope your house is getting sorted, I bet it will takes months before everthing is back to normal, thank god for house insurance.

 

Sorry once again for hijacking your thread.

[boobop]

Hi

Thanks for your imput just out of interest have you continued with the case or accept the offer?

Any idea's on weather i respond to this or do i wait for the AQ?

 

Thanks again for the reply

[boobop]

hi cf1958

just read your thread i see that you accepted and won CONGRATULATIONS! Well done i hope i do as well it's all very worrying and a lot to take in allthough im finding this site a god send!!

I just hope i can reclaim my charges as there in the thousands and im skint!!

 

Boobop

[cf1958]

Beware my son has been told they have 40 working days to pay the money, they quoted from 7th June do not know how this date is relevent, filed at court 30-5-07 acknowledged 5-6-07 they should have received acceptance of offer on 9-7-07, his local branch said they have until 26-7-07 to pay.

I don't think any of them have a clue what they are doing, good luck on yours you will win so take it as far as you have to.

[boobop]

Hi

I think they just like to drag things on and on!! I have read one article where a YB customer had to send the bailiffs in to retreive her money! What a joke!!

Im sure you'll get it in the end they just want it for as long as possible.

Could you tell me i have recived my notice of transfer to my local court do i do nothing now is it the AQ i get next or is there a reply i need to do first? confussed... and also if you know is there a way to update or add to you particulars of claim i didnt find this sit euntill after i had done them and im now wishing id put more detail the last thing i want is for it to be struck out! sorry if im a pain very new to all this anyones help or advice is muchly needed

[boobop]

hi

I hope you get you money soon i read in an article that one lady had to send the baliffs in - what a joke they just want your money for as long as possible!!!

 

Don tsuppose you now where i go next in my claim ive just had my notice of transfer to my local court. do i wait now for the AQ or is there a reply i need to send for this?? very confussed.

Also if there is anyone who can tell or advise can you add or update to the particulas of claim as i did mine before i found this site and there very basic im worried now if there not good enough id hate for it to get struck out! can they be ammended or updated??

 

any advise from anyone would be muchly needed

 

regards boobop:confused:

[cf1958]

I would just wait for further instructions from the Court, if it is the same as mine you will receive a settlement soon.

I know you can amend your claim I think there is a court form (N24?) for this and it costs £35 to amend it (cannot be reclaimed from bank).

I am sure someone with more knowledge than me will reply, just to reassure not to worry just yet

[GuidoT]

Responding to your post here:

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-60.html#post1010051

 

If your particulars are inadequate then amend as here:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html?highlight=amending+MCOL

[boobop]

Thanks cf

its just hard not to panic it seems like theres so much to do and so much pressure not to make a mistake thanks for the advice though i'll certainly be looking in to it. ive just been reading through the banks defence and they havent actually made any comments about my POC just reeled off there usuall about the costs being a pre estimate and my terms and conditions being broke from the sounds of it they say the same to all claiments!! Ill just wait for the next stage in the mean time im allready working on the court bundle and researching the new draft for the AQ.

[boobop]

Hey

GuidoT Thanks for the link FANTASTIC thats just what i was looking for, im not 100% the POC was that bad as it wasnt mentioned in the banks defence at all but the sites version is deffinatly better than mine i only mentioned the unfair terms and conditions even forgot my account details allthough i did send in the schedule of charges seperatly. I think its better to be safe than sorry.

Thanks again

[caro]

If there was a problem with the POC, YB would have applied to get the claim struck our instead of responding with a defence. If you'd like to post your POC we can take a look and check they're ok to put your mind at rest.

[Celicaman]

hi

on my scheduale of charges im i to include court cost so far aswell??

And now its going into the court system am i claiming the money owed before the 8% or after the 8%??

abit unsure

 

Regards boobop:confused:

 

Hi, Your schedule of charges is only a list of the charges in date order of what you are claiming from the bank.

Date of charge .

Item name ie recall charge/ overdraft charge

Then amount of charge £**

The total is the amount you are claiming.

 

You do not include anything about interest on schedule.

 

I like Mindzias spreadsheet for working it out, but others like vamps , its whatever you find easy to use. But either way they give a good printout of the charges with your name, account number & details on.

 

Celicaman

[Celicaman]

hi

I hope you get you money soon i read in an article that one lady had to send the baliffs in - what a joke they just want your money for as long as possible!!!

 

Don tsuppose you now where i go next in my claim ive just had my notice of transfer to my local court. do i wait now for the AQ or is there a reply i need to send for this?? very confussed.

Also if there is anyone who can tell or advise can you add or update to the particulas of claim as i did mine before i found this site and there very basic im worried now if there not good enough id hate for it to get struck out! can they be ammended or updated??

 

any advise from anyone would be muchly needed

 

regards boobop:confused:

 

Hi, Should have read your next post after one i just quoted on, hope your sorted. on schedule.

Would you be able to put in a post your POC as you filed it, take out personal details. We may then be better able to advise if its ok or not.

 

Ring the court that your case has been allocated to, quote your case number and ask if a AQ fee is payable.(get name of person you speak to and note it) it prob wont be required but best to check.

 

If your POC is wrong you can amend with N244 which costs £35 and is not clamable from bank.

As a point my POC was the basic MSE one, Not full N1 and claim was settled 2.5K, so will depend on what you put in it.

 

Celicaman