Alliance & Leicester (merged)

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, someone in a thread above said they where not asked to submit a court bundle, I wasn't either but I did so anyway, so my evidence is effectly useless, It's down to whether or not the judge got a bit the night before..

antopark

Thought I'd let everyone know that having flatly rejected the offer that arrived with their intention to defend and having subsequently recieved both their defence and their allocation questionaire, I had a second unsolicited offer today. They had increased the offer by £1000 but as it still represents less than half of my claim I am rejecting it. I don't recall any other stories of unsolicited increased offers, just shows to expect the unexpected.
Here's hoping the judge accepts my draft order for directions.:D

dj9928

antopark wrote: »

Thought I'd let everyone know that having flatly rejected the offer that arrived with their intention to defend and having subsequently recieved both their defence and their allocation questionaire, I had a second unsolicited offer today. They had increased the offer by £1000 but as it still represents less than half of my claim I am rejecting it. I don't recall any other stories of unsolicited increased offers, just shows to expect the unexpected.
Here's hoping the judge accepts my draft order for directions.:D

They offered me 1/3 of what i'm claiming originally, then today slightly less than half, that will be the last offer as im in court next week.

MimiJane

dj9928 wrote: »

They offered me 1/3 of what i'm claiming originally, then today slightly less than half, that will be the last offer as im in court next week.

I'd fully expect them to make another offer nearer the time ... some banks are settling the day of the court hearing before it actually gets to the court room! Let us know what happens, do hope they settle before then.

dj9928

MimiJane wrote: »

I'd fully expect them to make another offer nearer the time ... some banks are settling the day of the court hearing before it actually gets to the court room! Let us know what happens, do hope they settle before then.

Well this is something I wondered about. Obviosuly they are going to have to settle by cheque as my A+L account is closed, so the cheque is going to have to arrive this week in order to give it time to clear etc, I mean they don't expect to give you a cheque the morning of the case hoping you will close the case without the cheque even clearing do they?? Bank or not, I don't trust them

MimiJane

dj9928 wrote: »

Well this is something I wondered about. Obviosuly they are going to have to settle by cheque as my A+L account is closed, so the cheque is going to have to arrive this week in order to give it time to clear etc, I mean they don't expect to give you a cheque the morning of the case hoping you will close the case without the cheque even clearing do they?? Bank or not, I don't trust them

Same here, account closed. There's always electronic transfers ... though they'd probably charge you £25 for the privilege

If you go to court and hopefully win, you should get 100% of the claim, minus perhaps any wrong charges you've included. Submitting the bundle will make it look as if you've made an effort and gone well prepared, I'm sure it won't be seen as useless.

No judge will expect you to be a legal expert and explain everything you've included in your bundle, as long as you've got the gist of why you're claiming, you should be fine. Hopefully you'll hear something before your court date though.

By the way, did you check to see if Wragge were supposed to submit anything to the court and and you 10 days before the hearing? If they were and have not, you can apply for judgement by default.

dj9928

MimiJane wrote: »

Same here, account closed. There's always electronic transfers ... though they'd probably charge you £25 for the privilege

If you go to court and hopefully win, you should get 100% of the claim, minus perhaps any wrong charges you've included. Submitting the bundle will make it look as if you've made an effort and gone well prepared, I'm sure it won't be seen as useless.

No judge will expect you to be a legal expert and explain everything you've included in your bundle, as long as you've got the gist of why you're claiming, you should be fine. Hopefully you'll hear something before your court date though.

By the way, did you check to see if Wragge were supposed to submit anything to the court and and you 10 days before the hearing? If they were and have not, you can apply for judgement by default.

Never found out, I'll ring tomorrow and find out, I imagine thats what the solicitor was at today, this being the last day he can submit it

MimiJane

dj9928 wrote: »

Never found out, I'll ring tomorrow and find out, I imagine thats what the solicitor was at today, this being the last day he can submit it

Good luck and report back tomorrow

styles_2

Got the standard reply saying the ruling relates to credit cards, is the advice to go straight to court action?

With the statutory interest my claim is for £1200 approximately.

Should I send in the third letter or just go straight to small claims?

Thanks for the help.

MimiJane

styles wrote: »

Got the standard reply saying the ruling relates to credit cards, is the advice to go straight to court action?

With the statutory interest my claim is for £1200 approximately.

Should I send in the third letter or just go straight to small claims?

Thanks for the help.

You have to allow 28 days from the letter first requesting your charges back