Felix v Abbey

[Felix the Foccer]

I filed a claim at MoneyClaimOnline against the Abbey for £1500 worth of unfair charges (plus 8% interest).

Abbey have since filed a (what I guess is pretty standard) defence.

The Abbey wrote to me a while back and put £35 as a goodwill gesture into my account,to which I wrote back declining their £35 offer and authorising them to remove it from my account etc, at the same time offering them the alternative of settling my claim in full etc.

On 15th May 07, Northampton County Court transferred the case to my local County Court. In the notes I have received from Northampton CC, it says:

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.**

** Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details.

Can anyone tell me what this means in effect? Is it standard-ish?

Do I have to pay another fee?? (I've already paid £120 on the Moneyclaim fee)

Will I receive a letter from the local County Court next ...? And how long is usual to wait etc?

Sorry for all the questions. I'm grateful for any advice you can give.

Many thanks,

Felix

[bennyowen]

I will suggest that you contact the local county court with your claim number in hand.

Tell them about the letter you received and request clarification.

[bennyowen]

Preferably contact the court by telephone for a quicker response.

[Felix the Foccer]

Thanks Benny,

I rang the local court today who said it's up to the local judge so to just sit tight and wait ... sounds good to me

[Felix the Foccer]

ok, I now have a court date in September 07, I didn't need to file an AQ.

I'm considering

a) Sending a letter to the court asking for a Draft order for Directions to be made, in the hope that the case will be struck out ... (I've prepared this from this post (and others) http://www.consumeractiongroup.co.uk...ionnaires.html

b) sending a nudge letter to the Abbey legal Team, as below, asking them:

Dear Sir or Madam,

Re: 'Felix' – v – Abbey National Plc
Account no: xxxxxxx
Claim no xxxxxxx. Filing date xx/xx/07

I am writing you today in a further effort to ask you to consider my claim. I am most disappointed that you have not even acknowledged my previous correspondence.

I have been notified that the Allocation Questionnaire is being dispensed with in this case and that it has been transferred to xxxxxxx County Court. I have written to you in the past, asking for you to consider my claim and reply to me. I have heard nothing. Were this to come before a judge, it is obvious who is making any and all attempts at resolution.

It is my feeling that you seem to have no intention of defending this claim in court and are simply procrastinating.

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £xxxx as full and final settlement of this particular claim..(rounded down to nearest pound and including your total claim including aq fee ). (Plus daily rate if applicable and you included it in your claim. Ie. accept the sumof £xxxx plus £x.xx per day from the date I filed the claim until the date it is resolved)I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

Please find enclosed another copy of my schedule of charges relating to this claim.

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would whole heartedly approve of our settling this matter in a timely manner and without their further intervention. I look forward to hearing from you.

Yours faithfully,

Any thoughts? or shall I not bother with the second one and press on with the Draft Order of Directions, in the hope that the case will be struck out?

Thanks in advance.

Felix

Edit: 6:25pm --- ok, I couldn't resist, and I thought it was pointless asking them again (apart form making me look good), so have gone for the application for their defence to be struck out ... will post my little bundle off first thing in the morning ...

PS. A big thanks to everyone for all the helpful information so far too!

[Robdblynd]

Go for your life with both of them.

I'd make sure though that the one you send to the court is a letter as if it's anything else they may think you're trying to get an application through without paying. Use the wording from the Abuse Order and the Directions stuff but make it seem like a letter for the judge to consider.

[Felix the Foccer]

Thanks Rob - I'm gonna pop that in the post this morning!

In regard to 'Terms & Conditions', I have been with the Abbey for nigh on 18 years I think.

Do I need the specific 'Terms and Conditions' from the exact time I opened the account?

And if not, which ones should I use in any bundle?

(Thanks in advance - again!)

[Lula]

Felix, instead of the New strategy for AQ, use the Abuse of process which incorporates all this, it is in a sticky at the top of the thread

JMHO

[Felix the Foccer]

Thanks Lula,

I spotted that after I made the above post but thanks anyway ... quite new to all of this but finding this forum extremely helpful

Popped my Abuse of Process letter in the post to the Court today ..

[Robdblynd]

If you've got T & C from when you opened the account, use them because Abbey might say that you accepted those conditions when you opened the account. They have simply updated them to reflect market trends etc since then, the underlying premise is still the same, you accepted them. Still no probs but at least you'll have the exact terms available.

If you haven't got them, try the evidence requests, see if anybody can help.

[Felix the Foccer]

Thanks Rob but I haven't got them, in fact I don't even know when I opened the account.

I guess I need to ring the Abbey and find that out first, and then start looking for T&C's