Abbey advice needed - please

[lulu123]

Hi
My case is so ongoing and I can't fnd anything about what to do next. The local court dispensed with the AQ and I have now received a General Form of Judgement or Order which states:
"It is ordered that:
1. The claim be stayed as it makes no serious attempt to comply with CPR 16.4(1) by setting out a concise statement of the facts.(Stylised particulars do not constiture compliance)
The Claimant must amend or substitute its particualrs of claim setting out the Claimant's case in plain English by (date) and in default, the claim be struck out without further notice.
If the above order is complied with the Defendant has permission to file and serve an amended defence in accordance with CPR16.5 setting out its case in plain English"

The original claim was made via moneyclaim online using a template download as particulars of claim

My question is: Do I just write a letter to the Court or is there some sort of correct procedure I should follow?

Any help or advice on how I should continue would be much appreciated.

Thanks

[Lula]

Ok, you have probably used MCOL, which gives limited space for POC, can you tell me what court it is, and do a site search for Particulars of claim, alternatively, say how much you are claiming, whether thed are is contractual interest and or 6 years plus claims - i can probably help with a proper POC and if i cant i know a man that can lol

[lulu123]

Thanks for being there!!

The amount is so small but its getting to be a matter of principle. The court that issued the order of judgement is Hitchin County Court. Here are the particulars of claim that I put on the original online form

1. On 26th February 2007 the Defendant debited three charges from the Claimant’s account.
2. The charges are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999, because they are a disproportionately high sum in compensation compared to the cost of the purported breach.
3. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty.
4. Under the County Courts Act, the claimant is entitled to interest of 8% per annum from the date they were deprived of the money. This totals £0.57 accruing at the daily rate of 0.021% until judgement or payment.
5. The Claimant asks the court to enter judgement in their favour for £80.00 plus interest, totalling £80.57

Hope I haven't done something wrong and that you can let me know what I should do next.

Thanks

[Lula]

Hi Lulu,

I am in Hitchin also, the DJ doesnt like the POc's on MCOL and routinely sends these out to claimants going this route, I will pm you with a Poc to send.

Regards

Lula

[lulu123]

Thank you so much!!

[Lula]

I forgot to say, dont forget to attach a copy of your spreadsheet to it

Dont suppose you have any early Abbey T&C's do you?

[lulu123]

Okey doke will attach very small sheet of charges!

When I first opened the account in the early 80s I don't remember any T&Cs being given out. You just spoke to the assistants in the branches they used to have! Unfortunately I recycle any mail from the banks these days. However I do have statements and stuff going back 12 years (in the attic!) I'll check in the morning if there is any other paperwork up there and let you know tomorrow.

Thanks for your help this evening, it is really appreciated

[Lula]

hey not a problem, we are here to help, you might want to check if you have any other charges while you are up there

[Lula]

Lulu, just re read your original post, did the court tell you that it had dispensed with the AQ, as when i asked they told me that they had not

[lulu123]

I received a Notice of Transfer of Proceedings dated 8th May containing Abbey's defense and a note saying
"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."
There was no form enclosed although on the notice it does say the aq should be returned to HCC

BTW no luck on the T&Cs in the attic!

[Lula]

Morning Lulu, in that case i would ring the court to check - just to make sure

[Lula]

and take a look at the top of the forum at Abbey abuse orders to be sent in conjuction withAQ

[lulu123]

Thanks Lula
I'll ring the court Tuesday

[paula wardman]

Just a quick note to say I am ahead of you with Abbey at Hitchin and although I had judgement ruled in my favour with one claim the other is still going on & on.
Make sure you use the Abbey postal address on your calims etc. and not the PO Box address i=on your statements. They don't like this and Warrrants can't be issued to them causing a delay in proceedings.

Good Luck. You can always look up my tread so see if it is any help to you.

[Lula]

i would agree, use the Triton Square address.

Paula, did you have DJ Field? have you met her yet?

[lulu123]

Thanks Paula - Unfortunately I did use the PO box address - hope it doesn't hold things up too much.

[lulu123]

Just received a letter from Abbey saying they are giving me all the charges back. Keeping a close eye on my statements, when the money is received - the account will be closed.
Thanks for everyone's help and assistance, very much appreciated.