Cassoli V Abbey

[cassoli]

I have recieved a reply from the court and am not sure what to make of it.
It reads,Upon the courts own motion. The court has made this motion of its own initiative without a hearing. If you object to the order you must make an application to have it set aside, varied or stayed within seven days of receiving it.
IT IS ORDERED THAT
Unless the claimant files and serves further paticulars of claim by setting out full details by reference to date, amount and type of charge of the disputed charges and the legal basis for contesting each said charge before 4PM on 8 May 2007 the claim will be struck out
DATED 17 MAY 2007

I Presume the date is an error, and will ring the court tomorrow.

I used the new strategy template for QA asking for draft order for directions. Does this mean the bank will have been sent a similar letter requesting they reply to the points on the draft order.

What do i need to do now?

Cheers for any help

Cssoli

[GaryH]

You need a thread of your own to ask this on. Start one and I'll move the post there for you.

You need to submit a new POC with a schedule of charges, and you need to do it straight away. Contact the court if there has been an error with the dates.

4. Particulars of claim - N1 - updated version now available

The draft order is irrelevant - the court are rejecting your original statement of case. Which POC did you use?

Anyway, the important thing is to get the above plus your schedule to the court as a matter of urgency and also clear up the misunderstanding with the dates.

[cassoli]

Re: Abbey Victim V Abbey
I have recieved a reply from the court and am not sure what to make of it.
It reads,Upon the courts own motion. The court has made this motion of its own initiative without a hearing. If you object to the order you must make an application to have it set aside, varied or stayed within seven days of receiving it.
IT IS ORDERED THAT
Unless the claimant files and serves further paticulars of claim by setting out full details by reference to date, amount and type of charge of the disputed charges and the legal basis for contesting each said charge before 4PM on 8 May 2007 the claim will be struck out
DATED 17 MAY 2007

I Presume the date is an error, and will ring the court tomorrow.

I used the new strategy template for QA asking for draft order for directions. Does this mean the bank will have been sent a similar letter requesting they reply to the points on the draft order.

What do i need to do now?

Cheers for any help

Cssoli

[cassoli]

Addition to the above letter from the court, the post date was 23 May.

I've been trying to ring the court all day today, but they are not answering. i will call in tomorrow to clear the dates up

cassoli

[cassoli]

Cheers Gary,

have started new thread, Cassoli V Abbey

Cassoli

[moneyhelp]

It may help you to start your own thread here http://www.consumeractiongroup.co.uk/forum/abbey-bank/ where others in the same boat can offer help and support.


Good luck!

[cassoli]

Hi GaryH,
Thanks for the advice, contacted the court today and they had made a mistake with the date, it should read 8 June, which gives me some time to make sure i get it right this time. Good job as i am on holiday and wont be back till Monday.

The POC i used was as follows:
Between the dates(..................) the defendant applied a number of default charges to the claimants account.
these charges are unlawfull because they do not reflect the true cost of going into an unauthorised overdraft. furthermore they are a breach of the unfair terms in consumer contracts regulations1999 which state" a term is unfair if it requires any consumer who fails in his obligation to pay a disproportionately high sum in compensation.
A charge is deemed to be a penalty if, in reference to the case of Wilson V Love in 1865, it does not reflect the true cost of an item.

I am entitled to claim interest of 8 per cent per anumfrom the date when charges were first applied to my account until a judgment is made.

The claimant asks the court to enter judgment in their favour for the sum of (..............) plus interest.

regards cassoli

[GaryH]

You need to submit new POC's along with a schedule of charges. See the link in my last post above.

[cassoli]

Originally Posted by GaryH

You need a thread of your own to ask this on. Start one and I'll move the post there for you.

You need to submit a new POC with a schedule of charges, and you need to do it straight away. Contact the court if there has been an error with the dates.

4. Particulars of claim - N1 - updated version now available

The draft order is irrelevant - the court are rejecting your original statement of case. Which POC did you use?

Anyway, the important thing is to get the above plus your schedule to the court as a matter of urgency and also clear up the misunderstanding with the dates.

Hi Gary,

Rang the court today and the date for return is 8 june. They will send a letter confirming this date. Good job as i am on holiday till monday.

As for the POC I used,

Between the dates (..............) the defendant applied a number of default charges to the claimants current account.

Thes charges are unlawfull because the do not reflect the true cost of goining into an unauthorised overdraft. Furthermore the are a breach of the unfair terms in consumer contracts regulations 1999 which state: A term is unfair if it requires any consumer who fails in his obligation to [ay a disproportionately high sum in comppensation.

A charge is deemed a penalty if, in reference to the cae of Wilaon V Love in 1896, it does not reflect the true cost of an item.

I am entitled to claim interest of 8 per cent per anum from the date when charges were first applied to my account until a judgment is made.

The claimant asks the court to enter judgment in their favour for the sum of (>>>>>>>>>>>>) Plus interest.

Cassoli.

[cassoli]

I think my computer is playing up, i lost he last post so redid it. now i have two???????

Will submit new poc with schedule of charges using the link

thanks for the help Gary,

Cassoli

[cassoli]

At last, Recieved an offer this morning, It's only been five months, i was begining to lose heart. Very tempting offer but i think i could do better.
Anyone any advice on what my next move should be..... Copy of the letter as follows:

We enclose by way of service a copy of the defence we have filed with the court.
The next stage in the process will be for the cout to send each of us a allocation questionnair, which asks for certain informationrelatingto the case befor it proceeds to trial. In the interim, we are writing to you to ascertain whether you would be prapared to agree to a settlementof your claim now in order to avoid having to file the allocation questionnair, to bring the matter to a close and als limit any further expence to either of us.

Regarding the charges, you will see from the defence that Abbey takes issue with your claim on a number of points. for the purpose of this letter though, we should like to mention that your claim seems to be based on the argument that you should not pay any charges at all. It cannot be correct that Abbey cannot charge anything at all if you became overdrawn or do not meet direct debits as Abbey must remedy the issues with the account and this incures expense. This is in line with banking industry practice and the terms and conditions under which you opened the account. Even if it were correct (which is not accepted) that the charges were greater than Abbeys actual loss in dealing with your account,Abbey would still be entitled to charge you something for the expenses. Further, you will see the charges are liqudated damages, and not a penelty charges an therefore valid pre-estemates of loss

Your claqim is for the refund of £4147.30 inbank charges. As a matter of good will and without any admision of liability on Abbey's part, Abbey will offer to pay 65% of your claim, that is , £2695.75. This would be in full and final settlement of your claim. This offer is conditional upon Abbey National PLC varifying the charges sought in your claim. In addition, any amoount of monies already refunded to you relating to the charges will be offset aginst this settlement offer.
We hope that you will regard this as a very reasonable offer in the circumastances and a genuine attempt toreach an amicable settlement of your claim.

[GaryH]

Personally, I would write back to refuse it and issue a part 18 (see sticky thread) at the same time.

Tell them in the letter that you believe that the charges could cost no more than £1.00 per default and are confident that this could be demonstrated to the balance of probabilities in court.

[cassoli]

Originally Posted by GaryH

Personally, I would write back to refuse it and issue a part 18 (see sticky thread) at the same time.

Tell them in the letter that you believe that the charges could cost no more than £1.00 per default and are confident that this could be demonstrated to the balance of probabilities in court.

Sorry Gary, Whats a part 18, looked at the sticky thread but can't see it

Ignore that, found the thread and am just trying to get my head round it

Thanks,
Cassoli

[cassoli]

Gary,
Done exactly what you advised. sent letter tonight. so service date on the part 18 is 13/07 giving the till 27/07 to respond.

I know its been a long slog but at last i think i'm begining to get somewhere.
thanks for all the advice
Cassoli

[cassoli]

Got a court date.
It is ordered that: The matter be listed fr directions hearing on 19th September 2007 at 11:30 am. Estemated length of hearing is 15 minuets.

[jules1973]

Subscribe

[cassoli]

ABBEY LOST 135k

Unfortunatly it has nothing to do with my claim, but a story reported in my local paper, The Lancashire Evening Telegraph.

Abbey credited Sara,s account £135000 in error, by the time they realised the mistake, all the money had gone.
Sara, a single mother aged 19 managed to spend £85000 in only two days.
It doesn't say what she blew the rest on, only she spent some of the mony on run of the mill things.

I don't know what the law is regarding these things, but i hope she gets off. just for giving me the best laugh i've had all week.

[Lula]

Well, she knew that the money wasn't hers, did she not ring the bank to find out where it had come from, she will probably be made to pay it back.