Janeyh -v- Abbey - I'VE WON !!

[Karnevil]

probably 11.59pm on the 28th day from service - LOL


btw that earlier question wasn't stupid - if abbey acknowledge and then fail to defend they are quite within their rights to request a set aside. No matter to you now though

[Janeyh]

Well, postie has been - got a Notice of Transfer of Proceedings to my local court and an Allocation Questionnaire. No settlement offer though .

I've got until 5th August to return the AQ.

Just two or three things I've read on their defence that I would appreciate anyones thoughts on. Item no. 2 says "it is admitted that the claimant has a current bank account with the defendant, number ......" However, I have two accounts with Abbey, a current a/c and an Instant Saver, which are both included in my claim and have always been mentioned in any correspondance, and together give the total sum of my claim. Do I need to point out this error to the court?

Item no. 3 refers to the applicable terms and conditions which I agreed to when I opened my account blah, blah but bullet points under item no. 3 only make reference to overdraft interest rates, unauthorised overdrafts etc., no reference to unpaid DD's, cleared transactions etc. In fact, most of the other points only mention overdraft limits. Is this relevant?

Thirdly, when making references to "the Claimant", they would appear to think that I am male!.

[Karnevil]

you might still get a copy of the defence from abbey...

My defence thinks I'm male too....

Wouldnt worry too much about no. 2 - my defence had the wrong sort code and account number on anyway - they wrote to me to clarify it the day after they submitted the defence - personally I dont believe they even look at the accounts concerned before submitting the defence.

I'm not sure if you should write to correct them on this.....I think it would be good practice to but not sure if its to your advantage or not ?

Item 3 sounds the same as my one too.

Sorry thats not much help, thought I'd let you know that they treat everyone with the same disregard

[Janeyh]

Got a letter from DLA yesterday with a copy of Abbeys defence. It would appear that I had made an error in the amount of charges because it included some charges that, at the time I made the actual claim, they had exceeded the 6-year limit. They were valid when I first began to investigate my claim but because of the delay in receiving missing statements from Abbey (2 months) they were out of date.

I accept this situation and intend to notify DLA that I agree with their statement. Anyway, they have re-calculated the figures and offered me the standard 50% in full and final settlement

Currently drafting a letter to them saying I agree about the errors and thanks but no thanks to 50%.

[Karnevil]

Excellent sounds like you're handling this really well.

In your letter you can mention that you have received the AQ's and intend returning them on say 1st August ? and if abbey dont want to incur further costs they can settle before then. (obviously word it better than that !)

[Janeyh]

Hello Karny,

I agree, still drafting my letter and I've put a few words to that effect. I had put that I will be submitting my AQ by the 5th but I think, as you suggest, I will change that to the 1st.

Also, I'm just taking the opportunity to fill in my AQ so that, if need be, I'm good to go and wondered what anyone's thoughts were as to the bit I have put in "other information" - "to help the judge to manage or clarify my claim". I've read a few other threads re. the AQ and have plagiarised some other peoples own words. I hope no-one minds

"I have previously furnished the Defendants' solicitors with a breakdown of the charges referred to in my claim, along with a copy to the court, showing in itemised detail the particulars of my claim. I will of course produce further copies of this particularisation to the Court at the hearing.

At the hearing, I would expect the Defendant to disclose exact details of how they calculate the charges they imposed on my accounts and to prove that these charges were not disproportionate to any loss they actually incurred. The Defendant has a fiduciary duty to disclose the basis of these costs to me as I doubt that they are dealing in good faith as required by our fiduciary relationship.

Also, I feel that there should be an order for this disclosure as, in previous cases, the Defendant has commonly asked for set-aside only to settle before actually going to Court and, as such, is merely using the justice system as a means of intimidating its customers."

Also, do you think it's OK to type this and print it into the space, or should I hand-write it?

Thanks

[Janeyh]

Bump - anyone ?

Thanks guys

[Karnevil]

Hi Janey, Sorry I don't know for sure - I left my one blank as I was advised.... quite a few people have asked what to put in the box - and had a lot of different answers. Personally I think it is safest to leave it blank then you only have the repercussions of abbey AQ's to deal with.

Hope someone else will come over and have alook for you soon x

[Janeyh]

Thanks Karney - not too concerned at the mo. 'cos I've got a couple of weeks yet 'til I have to send it it - maybe someone will have a definite answer, otherwise, I'll leave it blank like you said.

Thanks for your help sweetie.

Janey

[Michael Browne]

Originally Posted by Janeyh

"I have previously furnished the Defendants' solicitors with a breakdown of the charges referred to in my claim, along with a copy to the court, showing in itemised detail the particulars of my claim. I will of course produce further copies of this particularisation to the Court at the hearing.

At the hearing, I would expect the Defendant to disclose exact details of how they calculate the charges they imposed on my accounts and to prove that these charges were not disproportionate to any loss they actually incurred. The Defendant has a fiduciary duty to disclose the basis of these costs to me as I doubt that they are dealing in good faith as required by our fiduciary relationship.

Therefore I respectfully ask the court that an order be made for this disclosure as, in previous cases, the Defendant has commonly asked for set-aside only to settle before actually going to Court and, as such, is merely using the justice system as a means of intimidating its customers."

Just a suggestion.

[Janeyh]

Originally Posted by Michael Browne

Just a suggestion.

And a good one, thanks Michael, I'll change it.

[Janeyh]

Well, unless I have find something came in the post today when I get home, I'm handing in my AQ to the court tomorrow. I've sent DLA an e-mail advising them of this but don't know if they got it - I didn't get a "read" receipt this time. Not that it matters anyway.

[Karnevil]

send a photocopy to DLA as well.... good manners

[Janeyh]

Just had a thought - the last date for filing the AQ is 5th August which is Saturday. I'm hand-delivering mine today but as I expect Abbey will leave it till the last minute, can they file on a Saturday?

[Janeyh]

Got back from holiday on Saturday and after forcing the front door to get past the HUGE mountain of mail (mostly junk) found a letter from the Court, a General Form of Judgment or Order:

"It is ordered that the case be listed for an Allocation Hearing before the District Judge on Friday 15th September....... to consider the question of expert evidence (? ?)"

Oh well, I thought, here goes. Then further down the pile of post was a letter from DLA:

"Dear Sir ( ),

Abbey National has decided in this instance to settle your claim in full ......" Yaaay !!

Many thanks to everyone on here who has helped me, especially Karnevil. I hope I can be as much help to everyone else who is still going through the process.

Janey

[simonthebrewer]

Well done Janeyh (Ms.)! I've just had comfirmation from dla that my trainee solicitor has filed my AQ so my settlement should be iminent - fingers crossed!

Congratulations again.

[stuartedmonds]

Congrats

Looking back through your thread it is interesting to see that you were at the stage i am now at and feeling frustrated. Seeing your result makes me think it is worth it.

Stuart Edmonds

[philread1]

Well Done Janey!!!!

Phil