chubbas dad v reliance & fester

[j.barton1]

I agree, they'll say anything to make you give in! I'd send another POC...then they can't say they have lost it,

 

Jenny

[Ollyq]

Hi - the CAG site is new to me, I've spent the day reading all this help & advice - fantastic!! I have previously used docs and templates from money saving expert and didnt realise all this was here too.

 

Blue- we seem to be at similar stages, I received a defence from the trainee at Wragge - sounds v.Similar to yours. I registered my claim on line with MCOL, and have just logged on to see that they can no longer deal with it as A&L have discputed all aspects of my claim- not really sure what happens now can anyone help?

 

Also the defence talked about insufficient POC's, I submitted these with original 2 letters to A&L, but not with the claim. Should I send to MCOL or await further instructions?

 

tks for any help you can give me

[chubbas dad]

thanks all of you.ill knok up a copy of both and send to wragge,should i send same to nottingham , i dont have a court date,yet and it hasnt been transfered to my local?

[chubbas dad]

any ideas on a covering letter to send to wraggeys with my poc and charges list?

[j.barton1]

Hi, I sent this....It picks up points in their defence,

Jen

 

Dear Wraggies.

 

Thank you for your letter of the xx March 2007.

 

With reference to the charges made to my account, I would be grateful if you would request from the Defendants a full breakdown to include any work or actions carried out by them, and any costs incurred which resulted in their having to make such charges to my account.

 

Where they are reluctant or unable to provide this information, please request details of the charging rate they referenced when they applied these charges.

 

I do not believe that the charges made to my account represent a true reflection of the actual costs incurred by the Defendants and therefore represent unlawful penalties, which are irrecoverable at Common Law. I would request the repayment of all charges made plus interest at the statutory rate of 8% from the time the charges were made.

 

I refer you to S32(1)(b) and © of the Limitation Act 1980.

 

S32(1)(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant;

or

© the action is for relief from the consequences of a mistake; the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. References in this subsection to the defendant include references to the defendant’s agent and to any person through whom the defendant claims and his agent.

 

On April 6th 2006, the Office of Fair Trading made a statement outlining what they considered was the maximum amount of costs incurred by the Banks when making such charges.

 

As a result of media coverage given to several actions made for the recovery of what are now regarded as penalties, I discovered that I had been wronged. The Limitation period therefore runs for six years from the date of discovery, which was after the statement made by the Office of Fair Trading.

 

The Defendants have failed or refused to provide information requested of them, and I would be grateful if this information could now be requested under disclosure rules.

 

Yours sincerely

 

Jenny

[j.barton1]

Or...

 

To Whom It May Concern:

I respond to your letter dated xx April. I would like to raise some points.

1, It is for the court to decide on the merits of each case put before them, so stating that this is bound to fail is inappropriate.

2, With regards to the Limitations act,

32.--

• (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
  • (a) the action is based upon the fraud of the defendant; or
    
  • (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
    
  • © the action is for relief from the consequences of a mistake;

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it....

An example case is,

Sheldon v. R.H.M. Outhwaite (U/W Agencies) Ltd.

and

Cave v. Robinson Jarvis & Rolf [2002] UKHL 18 (25th April, 2002)

3, Your client has had many months to settle this case without having to reach this stage, I will accept an offer of full settlement which stands at,

£2,168.00 in charges

£120.00 court fee

£1,056.50 Interest @ 8%

£100.00 Allocation questionnaire.

A total of £3.444.50.

I am also entitled to claim back my costs as a litigate in person which I will add on when I get a date for the hearing.

Regards

Jenny

[debstardeb]

hey anyone got any news on whether any alliance and leicester fighters have won anything recently? They've out defence in on my claim it got transferred to colchester and then to southend (i live in colchester so i have know idea why southend maybe thats the closet court that deals with this??) just waiting and waiting for a letter every day...

 

...anyone had regular dreams about getting through a big fat cheque?! i wake up disappointed every morning (hopefully not for too much longer!) wonder why there's been no wins for ages..

[chubbas dad]

had a look at both , would this combination of the two be any good or should i just stick with the first one?

 

To Whom It May Concern:

 

I respond to your letter dated 01 june 2007 . I would like to raise some points.

 

1, It is for the court to decide on the merits of each case put before them, so stating that this is bound to fail is inappropriate.

 

2, With regards to the Limitations act,

 

32.--

(1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-

(a) the action is based upon the fraud of the defendant; or

(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or

© the action is for relief from the consequences of a mistake;

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it....

 

An example case is,

Sheldon v. R.H.M. Outhwaite (U/W Agencies) Ltd.

 

and

 

Cave v. Robinson Jarvis & Rolf [2002] UKHL 18 (25th April, 2002)

 

 

3, Your client has had many months to settle this case without having to reach this stage, I will accept an offer of full settlement which stands at,

£xxxx.xx

£xxx.xx court fee

£xxx.xx Interest @ 8%

£xxx.xx Allocation questionnaire.

A total of £xxxx.xx

 

I am also entitled to claim back my costs as a litigate in person which I will add on when I get a date for the hearing.

With reference to the charges made to my account, I would be grateful if you would request from the Defendants a full breakdown to include any work or actions carried out by them, and any costs incurred which resulted in their having to make such charges to my account.

 

Where they are reluctant or unable to provide this information, please request details of the charging rate they referenced when they applied these charges.

 

I do not believe that the charges made to my account represent a true reflection of the actual costs incurred by the Defendants and therefore represent unlawful penalties, which are irrecoverable at Common Law. I would request the repayment of all charges made plus interest at the statutory rate of 8% from the time the charges were made.

 

On April 6th 2006, the Office of Fair Trading made a statement outlining what they considered was the maximum amount of costs incurred by the Banks when making such charges.

 

As a result of media coverage given to several actions made for the recovery of what are now regarded as penalties, I discovered that I had been wronged. The Limitation period therefore runs for six years from the date of discovery, which was after the statement made by the Office of Fair Trading.

 

The Defendants have failed or refused to provide information requested of them, and I would be grateful if this information could now be requested under disclosure rules.

 

Yours sincerely

man on a mission

x x x x x x x x

 

[chubbas dad]

hi deb,i dream to.gotta have me a fat cheque soon.i think i can smell it in the post..............

[j.barton1]

That looks fine blondy.....I dream of how i'm gonna spend it!!

 

Jen

[chubbas dad]

he he, your gonna buy me a new helmet and gloves....and ill buy you the sweetest smellys you ever did have, with a bunch of flowers ty jenny, printing now, and it will be posted tomorrow,

[chubbas dad]

just looking for a good poc letter,anyone point me in the right direction plz. once i have that, ill scan and print what im sending to wraggys:-x and see if anyone thinks its a good job done ty for your help.

[chubbas dad]

ok all done for tonight.thanks for the help everyone.update when im home tomorrow from work.untill then keep up the good work and most of all dont forget................its fun,

[chubbas dad]

evening all.just looking through some threads.still cant find any success stories for the a & l ff.has anybody moved forwards with their claim.i sent a thanks but no thanks letter on the 31 may(recorded) it still hasnt been signed for yet.is this a new ploy to slow things down? i hope it dosnt get returned to me in 30 days i will be most annoyed8)

[MimiJane]

evening all.just looking through some threads.still cant find any success stories for the a & l ff.has anybody moved forwards with their claim.i sent a thanks but no thanks letter on the 31 may(recorded) it still hasnt been signed for yet.is this a new ploy to slow things down? i hope it dosnt get returned to me in 30 days i will be most annoyed8)

 

Keep an eye on my thread. Submitted my bundle and Wragge have 'til Thursday to also do so. If they don't, will try for judgement by default.

[j.barton1]

he he, your gonna buy me a new helmet and gloves....and ill buy you the sweetest smellys you ever did have, with a bunch of flowers ty jenny, printing now, and it will be posted tomorrow,

HAHAHA, what colour??

[chubbas dad]

evening all.just looking through some threads.still cant find any success stories for the a & l ff.has anybody moved forwards with their claim.i sent a thanks but no thanks letter on the 31 may(recorded) it still hasnt been signed for yet.is this a new ploy to slow things down? i hope it dosnt get returned to me in 30 days i will be most annoyed8)

if they dont sign for my no thanks letter they wont get there cheque back,where will i stand then as my case has just been defended and will be sent to my local court in the near future:???: getting a stress on..........must have a bacardi and chill out a bit:roll:

[j.barton1]

evening all.just looking through some threads.still cant find any success stories for the a & l ff.has anybody moved forwards with their claim.i sent a thanks but no thanks letter on the 31 may(recorded) it still hasnt been signed for yet.is this a new ploy to slow things down? i hope it dosnt get returned to me in 30 days i will be most annoyed8)

It doesnt always work with the royal mails signed for thingy with A&L, they use a automated signing machine for their bulk mail.

Jen

[chubbas dad]

HAHAHA, what colour??

 

:grin: i like a nice black one please to match my leathers.:grin: what sort of flowers do you want?

[j.barton1]

mmmmmmmmm, roses of course....

[chubbas dad]

:o omg you want the expensive ones.................i was hoping to get summit from the neighbours garden..;-)

[j.barton1]

OOOOhhhhhh....okay then...they'll do!!!

[chubbas dad]

:grin: i feel so much better now.ty jenny:p you allways lift me when i find it difficult or stressfull.

[chubbas dad]

oooooooooh on a more serious note.if a claim was issued on the 21 may 07,when would the 14 days be up?

[j.barton1]

Anytime, thankyou too...your posts always make me laugh!!

 

Jen