Katiec v Abbey

[katiec]

Hi All,


First post here but I have been reading with interest and excitement over the last few weeks and its good to see that some of you have been successful in reclaiming and fingers crossed that lots more success stories come flooding in!


I have followed the guidelines, used the templates etc so far. I finally received after 71 days all the copy of statements/summaries of charges from Abbey. Had reported Abbey already to Information Commissioners Office for their breach of the S.A.R - (Subject Access Request). Received the standard letter from Abbey to my original refund request stating they are looking into complaint and will take 4 weeks....Blah....Blah.... . LBA was sent Recorded delivery on 26th May and has been completely ignored and I've received no more correspondence from Abbey whatsoever.


Time now to take further action and start either MCOL or complete N1 form but cant decide which route to take. The nearest Court is quite a distance so with 5 young children I would really prefer to post the completed N1 form. If I post the N1 form do I send a cheque (which would I presume need to clear before the case is filed) or can I ring them and pay by debit card over the phone?

Any advice anyone or personal experiences you'd like to share to help me decide which course of action to take?


Many thanks in advance for any advice/help given, much appreciated.

[ohoh4312]

MCOL would seem to be a better option for you at the moment - you can do it all online and pay by debit card at the same time, but it depends how much you are claiming - if it is over £5 K before you put interest on, then you will have to use the N1.

Hope this helps, and very good luck to you

Jo xx

[katiec]

Hi Jo,

Thanks so much for taking the time to reply - my claim is for £3400 before interest so think I will go ahead with the MCOL as you helpfully suggested.

Best of luck to you also in redeeming your charges, will keep my fingers crossed that you dont have to wait much longer.

Katie x

[ohoh4312]

Hi Katie

You are very welcome - I only know from having posted on here at the start of my claim, so actually it's thanks to the great people on here that I can help in some small way!

Really wish you the best of luck - keep us all updated on whats happening.

Best regards

Jo xx

[Lula]

Hi, for what its worth i would use the N1 and post with a cheque, recorded delivery to your local court, the reasoning behind this is that some courts do not like mcol for the lack of space for particulars of claim.

Obviously, its your choice

[katiec]

Lula, thankyou also for your good advice !

I have this morning received the standard letter from Abbey " we are currently investigating....sorry for delay....research taking longer than expected.....we will write again in four weeks....blah....blah.... ." Well too late Shabbey, I am not preparted to wait any longer just to receive another standard letter.

I am now completing the N1 form, I rang the Court this morning and they dont need to wait for the cheque to clear before the case is filed, which I was worried would delay things so I am intending to get it posted off Recorded delivery today.

Quick question - as the account is held in joint names with my hubby do we both need to be Claimants and sign the N1 or can I just put myself down as the Claimant but then mention in the Brief details of claim and in the Particulars that the account is held in the joint names of............. ??

What have others done for a joint a/c - any advice much appreciated as I really want to get this right and not make a booboo

Many thanks x

[Lula]

Hi Katie

only one of you need apply and sign

Good luck

[katiec]

Thanks again Lulu for your help, you're a star!


N1 now all filled in and ready to go along with charges summaries and fees. I was chuckling away to myself like a looney writing out the Abbey cheque for the Court fees (hope they dont bounce it lol)


Katie x

[katiec]

Hi,


Quick update from me, posted N1 Recorded delivery 14//06/07 and have recieved this morning the Notice of Issue from Peterborough County Court to say claim was issued on 15/06/07 (so no waiting for the cheque to clear first). The court has sent first class to defendant on 18/06/07 and it will be deemed served on 20/06/07 (tomorrow) and Abbey now have until 4th July 2007 to respond.


Is this the Litigation details that I should now be passing onto a Moderator along with the Claim Number? Anybody?

[Lula]

Hi, yes pm GaryH with it all including amount,
Best regards

Lula XX

[katiec]

Hi,

I received a Notice that Acknowledgement of Service has been filed by Abbey on 27th June 2007 indicating that they intend to defend all of the claim, a shame they couldnt be as quick and efficient in repaying us all eh?

So I know await their defence before 13th July

[ICY]

They will send the defence at the very last minute, and it will be a standard defence that everyone is getting.

[katiec]

As predicted Abbey have defended at the last minute, think its the bog standard defence that everyone else is receiving along with the again standard Abbey 'without prejudice' letter offering to settle on just 65% of the claim as a matter of goodwill and without any admission of liability.


Was hoping that Abbey were so deluged with claims that they would overlook their defence but hey-ho


Next step, I presume is to reply to Abbey rejecting this offer?! Do I also email them rejecting their offer, has anyone else done this and got full settlement before a court date?


Any advice much appreciated and thanks in advance


Katie x

[katiec]

Have now posted off Recorded delivery a rejection letter to Abbey in response to their 65% goodwill gesture and am just about to email copies of the letter to both Ronan Coyle and Clare Fletcher.


Anyone else had any joy from either contact? Or will Abbey as usual just ignore me and hope that I will go away hahahaha

[ICY]

They are both quite stubborn, and tend to ignore offers that they dont like

[katiec]

Thanks for your reply Icy - yep, I bet they are both stubborn but I bet they're not as stubborn as me hehehehe


Posties just been and kindly delivered a Notice of Hearing which will take place on 23rd Oct, allowing 10 mins for the hearing!!!


Do I now just have to wait for more instructions from the Court about allocation to small tracks, Allocation Questionnaire and Court Bundles etc as there is no mention of any of this just the hearing date???


Anyone?


Cheers x

[ICY]

Looks like you will be skipping the Allocation Questionaire stage, i would call the court and just ask them what kind of hearing it is, ie is it a allocation hearing or full hearing, and ask them if there is anything you need to submit for this hearing.

[jules1973]

Katie

Check out the claims at southend thread, it is advisable to take along schedule of charges and any recorded delivery slips and screen dumps.

the thread should ease your mind.