Alliance & Leicester (merged)

scottjack

I've had a look through this topic and can't find an exact answer to my question so...

I've had a court date allocated and my case has been allocated to the small claims track.

On the covered note I've also got ths following...

1) Each party shall deliver to every other party and to the court office copies of all documents (including experts reports if the court has given permission for expert evidence to be used) on which he intends to rely at the hearing.

Is this just the charges breakdown or copies of all letters etc? I've got till the 20th of August to send this. Still have to contact Wragge to look at rejecting their latest offer as well.

Edinburghlass_2

It sounds more like a full court bundle you have been asked for which goes to the court and the bank and keep a copy for yourself.

Read MimiJane's post in this thread and this Court Bundle thread...

http://forums.moneysavingexpert.com/showthread.html?t=493178&page=10

MimiJane

scottjack wrote: »

I've had a look through this topic and can't find an exact answer to my question so...

I've had a court date allocated and my case has been allocated to the small claims track.

On the covered note I've also got ths following...

1) Each party shall deliver to every other party and to the court office copies of all documents (including experts reports if the court has given permission for expert evidence to be used) on which he intends to rely at the hearing.

Is this just the charges breakdown or copies of all letters etc? I've got till the 20th of August to send this. Still have to contact Wragge to look at rejecting their latest offer as well.

Yep, full court bundle required, but no Statement of Evidence or Witness Report, which should save you a little time. You'll still need to produce a couple of hundred pages though to include everything.

If you want to PM me, I'll let you know exactly what you need.

Mimi

loopylara

can anyone tell me what this means, I received a letter from the court saying:

The court has ordered that, 'Unless Defendant files defence complying with CPR16-5 by 4:00pm on 10-AUG-2007, claimant will be entitled to enter judgement.

MimiJane

loopylara wrote: »

can anyone tell me what this means, I received a letter from the court saying:

The court has ordered that, 'Unless Defendant files defence complying with CPR16-5 by 4:00pm on 10-AUG-2007, claimant will be entitled to enter judgement.

Unless the defendant sends their "defence" (i.e. court papers) to the court by 4pm 10/8, you have basically won by default as you've submitted your documents and they haven't It's just a matter of time 'til you get your money as they WON'T submit anything (they never do). I've just been through this stage myself :-

Just print off and then complete the following form and send it to the Court Manager at your local court with a covering letter just AFTER this date (i.e. 11/8) asking him to kindly consider your application for judgement and to advise you of his decision accordingly :-

http://www.hmcourts-service.gov.uk/courtfinder/forms/n225_0406.pdf

Tick box A, second box in C, then D where I ticked "Immediately" and also "In Full" with "as soon as possible" in the box next to it.

Let us know when you get your money

Mimi

Tararabumdiay

I have completed my N1 form and POCs and sent them to court together with copies of list of charges, interest claimed and dates, and my cheque for £120.00.

On Saturday I received a 'Notice of Issue' that says claim issued 26th July sent to Defendant [Alliance & Leicester] 30th July, deemed to be served on 1st August and that A & L have until 15th August to reply.

What happens now?
Do I have to reply to it or send anything else to court ?
I'm going on holiday for a week on 17th August so want to make sure I'm prepared for anything needed from the 15th August.

All help very much appreciated.

Beate

Check out post 13 in the Reclaim Bank Charges Help Thread, it gives you all the timings on MCOL. You don't have to reply to anything yet, but if they don't acknowledge, you could file for judgement by default on 15 August, so keep checking before you go away! It's more likely though that they will acknowledge at the last moment, which gives them an additional 14 days to put a defence in.

Stokey125

Go on Holiday as planned and if you have neither defence or acknowledgment from A&L when you return apply for judgment in default.

pjness

Hi I have just received a letter from the court.It sounds encouraging to me any comments would be appreciated
I am to sent a Schedule of my charges and a copy of my statements supporting my claim to the court and to Wragge.
<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p> </o:p>
Alliance Leicester are to send
A: Pursuant to contractual provision such charge was made producing a copy of the contractual document relied upon:
B: Whether such charge is accepted to be a penalty. and if not why not:
<o:p> </o:p>
C: If such a charge is alleged to be a pre-estimate of the Defendants loss incurred by the claimant’s actions (whether or not such action is treated as a breach of contract between the parties) all facts and matters indented to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with matter was:
<o:p> </o:p>
D; If such charge is not alleged to be a pre-estimate of the Defendant’s loss incurred by the Claimant actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable:
<o:p> </o:p>
Each party shall exchange and file witness statements by no latter than 11 sept whereupon the file will be referred to a district judge

MimiJane

Basically, A&L/Wragge have NEVER declared how they reach their charges/whether charges are accepted as penalties, so they will NOT submit a court bundle and you'll win by default.

Do make sure you provide what you've been asked to within the timescales specified though ... and don't forget your Witness Statement, here is the template :-

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html#post479224

And, if you haven't already, I strongly advise you join the CAG forum (see home page from above link).

Do 3 copies of everthing to go to Wragge, the court and one for yourself and keep the originals safe just in case it does go to court as the judge may ask to see them. Court is highly unlikely, but we have to take this seriously.

I've just won by default when Wragge did not submit their court bundle, as everyone is eventually, providing you do your bit.

Mimi