stressed mother V A&L

[cazawilson]

I am currently in the courts process at Northampton to reclaim over £1500 worth of charges and interest.

 

When the bank were served they sent me a cheque in settlement of £358, I returned the cheque and am continuing with the process using Moneyclaim. However today I have received a letter from solicitors advising me that A&L will defend all the claim.

 

What do I do now? I obviously need to continue but how, will the courts let me know my next step or what???????

 

Very stressed:confused:

[blimeyboy]

Caza,

First of all do not worry. This is a standard tactic used by the banks to scare you.

Can I ask is your account 'active' or is it closed?

 

Secondly when did you file the claim, when was it acknowledged and what date did they defend?

This info will help everyone on the forum give you advise.

[sarah13]

Calm down, dont worry. This is standard stuff. The next stage should be the court sending you an allocation questionnaire to complete- however check the deadlines and ring the court if they expire.

Did you send the offer rejection letter when you returned the cheque?

I didnt use moneyclaim i went into court so i dont know the contact details for moneyclaim

 

The main thing is to not let it stress you out too much. All the banks like to play these games with us- but they all pay up in the end- keep that thought in mind. Good luck.

[cazawilson]

Hello again

 

My claim was issued on 10th April and was served on 15th April, I received notification from the courts that they had until 29th April to reply.

 

On 18th April received a cheque in settlement which I returned on 19th. Today received letter from solicitor dated 20th April of intention to defend.

 

Have checked my status on Moneyclaim and is now showing acknowledged on 24th April.

 

Wills the courts now send me details for further action. I have no clue

[blimeyboy]

Ok, This gives them until 13th May to file a defence.

For now all you need to do it sit tight.

They will drag their heals and delay as long as they can.

 

if they have not filed a defence by 13th May you can go for judgement against them.

If they do file a defence the court will forward you a copy plus an allocation questionaire to fill out.

Or they will send you a cheque for the full amount before the 13th May.

 

For now put your feet up, forget about the claim and have a cup of tea

[cazawilson]

Hello me again

 

I have just received notification that an aknowledgment of service has been filed, A&L now have until 13th May to file a claim, which their solicitors letter said they would do anyway. Do I not have to complete an allocation questionaire, if I do will the courts send me this soon??????

My head hurts

[livelylad]

Hello me again

 

I have just received notification that an aknowledgment of service has been filed, A&L now have until 13th May to file a claim, which their solicitors letter said they would do anyway. Do I not have to complete an allocation questionaire, if I do will the courts send me this soon??????

My head hurts

 

I have merged your threads please stick to one.

Read through this link.

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html

[younganfree]

Hello me again

 

I have just received notification that an aknowledgment of service has been filed, A&L now have until 13th May to file a claim, which their solicitors letter said they would do anyway. Do I not have to complete an allocation questionaire, if I do will the courts send me this soon??????

My head hurts

Calm down, don't worry, and take one step at a time.

 

Wait for A&L to enter their defence first. 8-)

[cazawilson]

Hello again I received over the weekend a letter from Wagge and Co with a 6 page copy of their defense. My problem is when I filed my claim with MCOL I didn't send a list of my charges and the solicitors have picked upon this and used it a s a part of their defence. My question is should I send them a copy now and a copy to the courts or wait for the Allocation questionairre. I'm trying to be brave but cant help be a bit worried. Thanks to everyone on here for all your help.

[MimiJane]

Hello again I received over the weekend a letter from Wagge and Co with a 6 page copy of their defense. My problem is when I filed my claim with MCOL I didn't send a list of my charges and the solicitors have picked upon this and used it a s a part of their defence. My question is should I send them a copy now and a copy to the courts or wait for the Allocation questionairre. I'm trying to be brave but cant help be a bit worried. Thanks to everyone on here for all your help.

 

I got my 6 page defence this morning. I was also worried that both the bank and the court didn't have my schedule showing 8% interest, so rang the court the other day and emailed them a copy, as they requested, and also sent a copy to the bank. I'd do it ASAP and good luck

[cazawilson]

Thank you so much Mimijane for your help, have today emailed copies to the courts, to the bank and also to the solicitors. Do I just wait now for the questionairre or chase it up.??

[MimiJane]

Thank you so much Mimijane for your help, have today emailed copies to the courts, to the bank and also to the solicitors. Do I just wait now for the questionairre or chase it up.??

 

No problem hun I'm at exactly the same stage as you right now. Just sit tight and wait for a court date, which should arrive soon. You may or may not get an AQ sent with the court date. I gather that Northampton have done away with them, but your local judge (when proceedings have been transferred to your local court) may still request one, or go for one or two other options.

 

Let us know what happens next and we'll compare notes.

 

x

[cazawilson]

Finally MCOL website is showing that Wragge have entered a defence on 10th May. Funnily enough after I sent them copies of my scedule they sent a letter stating that technically the schedule does not deal with the issue in relation to particulars of claim, which would require formal amendment under order of the court, or where you will need to introduce these details into evidence for the court (by way of witness statement or otherwise) during the court proceedings. They say this not to be difficult, but only as a comment on the Court rules. They go on to say that they are of course unable to advise me as to wether I need now to take specific action to deal with this and that I may of course wish to take independant legal or other advice on both options.

 

 

This was received yesterday and dated 8th May. I replied with an email thanking them for their concerns but rest assured legal advice was sought before starting my MCOL and that all the relevant paperwork has been prepared for the Court hearing. I told them I was just waiting a date for the hearing so as my solicitor and I could finally resolve this matter.

 

Do you think that that was ok??? Now I need the link for the court bundle and any uptodate information as to how to proceed. Don't want to be the only one that actually has to go to court, I'd probably pass out!!!!!

 

Help please

 

P.S Have received emails from the courts to confirm that my schedule has been attatched to my files, so what are they on about??

[cazawilson]

Hello again, can somebody please assure me that I've done the right thing in replying to them. I have found the link for court bundle and some very helpful threads. Thanks

[sarah13]

Hello again, can somebody please assure me that I've done the right thing in replying to them. I have found the link for court bundle and some very helpful threads. Thanks

 

 

I'm no expert but it sounds fine, dont worry so much. they want to go to court less than you!

 

court bundle is here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

[cazawilson]

Thanks Sarah, they have defended their claim on 10th showing on MCOL although I still havn't received a copy from the court or a date. I know I may not get a questionaire to complete, but is it usual for the court to take solong, I guess their inundated with people like us so i'm sure it will come. Unless they pay up before hand!!!!!! Laughs

[sarah13]

they are in inundated you are right. Keep waiting

[cazawilson]

Hi all, I received over the weekend a Notice of Transfer of Proceedings from Northampton Court letting me know that the case is being sent to my local court. Along with it is a piece of paper from the Northampton Court stating the transfer and also states that :

 

Before District Judge Murdoch

sitting at Northampton County Court

 

without hearing

 

IT IS ORDERED THAT:-

1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

 

It also says underneath

 

Note: Any party affected by this order may under Rule 3.3(5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.

 

 

What does this mean??? Should I send draft directions or wait to hear from my local court??????

 

Help

[MimiJane]

Caza, this is what I have had. Still waiting to hear of a date after 10 days ... have rung this a.m. to say I can print off an AQ if they like and fill it in (have already paid the £100). Also asked about a hearing date. Think I got the temp:rolleyes:, so am waiting to hear back.

 

Depending on what they say, I'll probably then send draft order of directions ... either send with AQ or, if no AQ, send with covering letter.

[cazawilson]

Thanks Mimijane

 

Will let you know, keep me posted as to what happens with you. Will now await the postman.

 

Caza x

[cazawilson]

Hello everyone , its been a while. Still been reading through everyones threads while waiting for my court date.

 

In the post today received a letter from my local court (bedford). Its a Notice of Allocation or Listing Hearing, and it says:

 

District Judge Wilding has considered the statements of case submitted in this claim and has decided that a hearing is necessary before a final decision about allocation be made.

Reasons for hearing are as follows:

The court needs to identify wether this particular case is suitable for hearing as Fast Track.

District Judge Wilding orders you to attend at 15.30 on the 2 July at Bedford County Court.

 

There is also another letter attatched from the Listing Officer at HMCS which states:

 

 

The court has identified a number of cases which all raise the same issue and defence. In an effort to manage them appropriately the Court has listed the cases for consideration of allocation to track or in some cases reallocation. The court has endeavoured to list cases involving the same lending institution at the same time in the hope that only one representative need attend.

 

 

 

OOOOOOOEEEEEEERRRRRRR. I'm assuming then that there will be a few of us there and only one defendent from the A&L.

What do I do now, should I send the Judge the order for directions or take it with me. I assume I don't need the court bundle, and I'm also assuming that I will still need to attend at a later date. What shall I do?????

[MimiJane]

Hi Caza,

 

Can't help you with this one, but just to say I hope someone comes along soon to advise you.

 

I think you're right in your assumptions ... sounds like a "block booking" and let's hope A&L/Wragge don't attend, that really wouldn't go down well with the judge.

[cazawilson]

Thanks MimiJane

 

Hope they don,t attend aswell. It wouldn't look to good would it.

 

Lets hope somebody reads this soon then. Just starting to panic a bit.

 

 

[MimiJane]

It sounds like a preliminary hearing to me (though they haven't called it that) and I don't think you'd need to take much along with you ... certainly not a bundle as it's not been asked for yet though, like you say, it appears there will be a full hearing at a later date when it might be required. It's probably more of a quick discussion to find our how long the final hearing will be and other things that they'd normally find out if you'd filled in AQ.

 

Noisypinkbubble recently attended a prelim. hearing ... it might help if you have a look at her thread.

[cazawilson]

Thanks honey will take a look now.