Bank Failures!?!?!?!

Camdenite

Thanks Once again, Beardface. I should clarify that the company did not pay the AQ or request or receive payment from me. Our agreement states that they cover all court submission costs and add to their total if I win.

As far as I am concerned their outgoings so far have been no more than the cost of the stamps. I'll post tomorrow and let you know how I get on when I speak to the head of the company directly (hopefully!)

Edinburghlass_2

Most of these "companies" offer their service on a "no win, no fee" basis but you can bet they will have something written into the small print about a cancellation fee. I think what beardface is talking about is instructing someone else when the company is working on a fee basis where you pay for work done by a solicitor and not an "ambulance chaser".

First of all I would certainly get straight onto the bank and the court and tell them you are dealing with your claim now as mentioned in the other thread, if you think you have sufficient information to carry on with your claim by yourself?

The fact they haven't submitted your AQ in time may be a leverage for getting out of your contract as they have already had their 25% of your "goodwill gesture" but to be honest I really don't know.

Edinburghlass_2

I've been too busy thinking about my reply you have both nipped in there

and yes I'd like to add the company to my list if you can let me know who it is.

Camdenite

Beardface - That doesn't mean I couldn't start a new claim again does it?

Edinburghlass - What would you view as sufficient information? I have the statements from Dec '01 to Sep '05. I am missing the ones through last year, as these we're the ones I forwarded without making copies. Should I just claim that portion now and worry about anything relating to '05/'06 at a later date?

beardface_2

In this case you could start again as there is no judgment against you.

Camdenite

Just an update for you all. I spoke with the head ambulance chaser on Friday and outlined all my concerns and as expected they defended their corner vigorously when I said that I would be instructing the court and Abbey that I would now be making the claim in person. I need a good solicitor to get me out of the 25% fee, but I feel I have a good case for them being found guilty of negligence over my claim. Thankfully, there was no provision in our agreement for me to still pay their fee should I dispense with their services!

I have to make a decision quickly.

It seems that the company's reason for not submitting the AQ is that they are finding that cases sent down to a judge often get looked at quicker and they are getting cases where the judge will immediately rule that there has been "an abuse of process" by the defendent (bank) and throw out there case, thereby awarding me the full sum. Is there any truth in this? Not that it really matters as now that I know I can proceed on my own and have the necessary paperwork for the court bundle, there's nothing to make me change my mind unless a solicitor advises me that I would struggle to get out of paying the 25% to them.

Any thoughts?

Kurt_Hamster

Camdenite wrote: »

Just an update for you all. I spoke with the head ambulance chaser on Friday and outlined all my concerns and as expected they defended their corner vigorously when I said that I would be instructing the court and Abbey that I would now be making the claim in person. I need a good solicitor to get me out of the 25% fee, but I feel I have a good case for them being found guilty of negligence over my claim. Thankfully, there was no provision in our agreement for me to still pay their fee should I dispense with their services!

I have to make a decision quickly.

It seems that the company's reason for not submitting the AQ is that they are finding that cases sent down to a judge often get looked at quicker and they are getting cases where the judge will immediately rule that there has been "an abuse of process" by the defendent (bank) and throw out there case, thereby awarding me the full sum. Is there any truth in this? Not that it really matters as now that I know I can proceed on my own and have the necessary paperwork for the court bundle, there's nothing to make me change my mind unless a solicitor advises me that I would struggle to get out of paying the 25% to them.

Any thoughts?

A solicitor can't deem an AQ as to be immaterial and something to be worked round. Only the judge can dispense with the need for an AQ. The solicitor can put forward a "draft direction" as a suggestion to the judge to do things in a certain way, but they can't say "the AQ slows things down so we'll do it a different way".

... at least not if they are using the small claims process.

Camdenite

I know, it sounded iffy. He was evasive also about the type of claim we we're actually making. The total, excluding interest is nearly £10,000, so therefore would need to be dealt with 2 x claims under £5K right? All he would say is that he preferred negotiating with the banks. I blew my top at this as I find it incredible that when dealing with Abbey, who notoriously will only settle on the steps of the court, he neglected to obtain a court date when offered.

Edinburghlass_2

As we don't think that in fact he is a solicitor I think he is bull-sh.... you.

I think you need to go back to the court, explain you are dispensing with this companies services and ask them if you need to start back at the beginning or can you now file an AQ.

Camdenite

Thanks again. What would happen if the charges I claim don't exactly match the ones outlined by the company I used? Could the case be thrown out on a technicality? I have no idea what they originally wrote to Abbey asking for, and I am unlikely to get this information from them. Could the court supply such information?