Chardonnay V Abbey +*+* SETTLED IN FULL +*+*

[Chardonnay123]

Hi all

I've been a member of site for months. Got to the stage of sending off Allocation Questionnaire on 26 June. Have today (20 July) received a "General Form of Judgement or Order". This says:-

Upon reading papers filed IT IS ORDERED that:-

1. The Claimant will by 4pm on 1.8.06 file and serve an amended claim and a scheudle setting out each item claimed, the apprpriate date and the basis in law and fact for making teh claim.

2. The Defendant will by 4pm on 15 August 2006 file and serve an amended defence.


Can someone help me please - I've never seen one of these in the forum before and not sure what it means. Will I have to start again and will there be more fees involved?

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[blueskies]

This has been dealt with before see Itmine v Barclays Spiceskull has answered with the best way of responding on post 14.

[Chardonnay123]

Thank you Blueskies

However, its still as clear as mud.

I have read the reply. THey haven't asked for more info they have asked me to "serve an amended claim". What does "serve an amended claim" mean?

For clarification, Abbey have had a breakdown of every single fee. The Court hasn't.

[comicmankev]

Can't help, but the oher half has just phoned to say there is a similar letter at home. I'll read up on it later and come back to you.

[comicmankev]

By the way, I don't understand that other post either, if that makes you feel any better - lol

[Karnevil]

interesting - my judge has requested something of abbey (but not of me?) might be similar... think I call the court again after the school run.

Doesn;t sound too bad - I'll have a read about later.

[Chardonnay123]

Thanks Comicmankev - that does make me feel a LOT better - lol!

Thanks Karnevil.

I'm going to keep reading about too - I'll post if I find anything.

[Karnevil]

Chardonnay - were your particulars of claim standard ? filed on MCOL ?

Have you called the court and asked them ? maybe Abbey put something on their allocation Q's ?

I missed the court (shut at 4)

Form N24 - for pre action disclosure.

[Chardonnay123]

Hi, yes it was the standard done through Moneyclaimonline.

I haven't spoken to the court but thinking about it, I haven't seen Abbey's AQ (sent them a copy of mine!) so I think I will speak to the Court in the morning, if nothing else comes to light.

If Abbey are claiming they don't know what teh charges are for - I definitely sent them a full breakdown and, of course, they will have all the charges anyway!!

Snakes.......

[Karnevil]

Originally Posted by joneshh

Today we have had a form from the Court titled
General Form of Judgement or Order

The wording of the order is
Quote:
Before District Judge S**** sitting in D**** County Court.
Upon neither party attending it is ordered that
1 The matter be listed for Allocation Hearing before the District Judge sitting in D**** County Court on 1st September 2006 at 12.30 (T/E 20 minutes) to consider the defendants request for expert evidence.
The claimant shall not later than 5 days prior to the appointment file a case summary and schedule of proposed directions, to be agreed if possible. In the event of disagreement the defendants shall within the like period file their proposed directions and reasons. The date and time of the appointmant must be clearly endorsed on the covering letter.
Permission for telephone hearing if all parties agree, defendants to make the arrangements.

I can't recall seeing anything like this on any other thread. Can anyone give me some advice on this please.

Another claim - **WON**

Joneshousehold had one similar - can't believ I forgot that - they paid out soon after....

I'll bet they've put something dodgy in their allocation questionnaire.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[comicmankev]

Just managed to read mine in full and it is not the same, see my thread for an update!

[Chardonnay123]

Yours seems more "normal" ComicmanKev! Makes me feel even more nervous.

The JonesHH one seems totally different to mine, they were set a hearing date, I've been asked to "serve an amended claim". I've not seen it anywhere else. I knew mine wouldn't follow others!!! Oh no, I'm starting to stress.......

[Karnevil]

Chardonnay - maybe post your particulars of claim on here so others can check over it ? also did you request disclosure or anything on your AQ ?
Also don't worry - give the court a call in the morning and find out what abbey put on the AQ's to prompt this order .....

[joneshousehold]

I think there must be something in the AG filed by Abbey. I suspect that's what happened with ours. Try ringing the court tomorrow and asking. I would also put the pressure on DLA Piper by saying it is a courtesy and good practice to provide a copy of the AQ (but not enforceable) and you will draw attention to the court that they failed to do so. The court may explain why they have issued the order when you phone.
Having said all this it was only a few days later that we had our offer of full settlement. In fact 'offer' isn't quite the word - the letter said the full amount was to be refunded direct to the account. We didn't have to agree to anything. I just wish we had asked for a cheque instead it would have saved us a lot of trouble. Certainly I recommend that you think very carefully about the best option for payment when the letter arrives (notice I say when, not if!)
If you are really panicing try sending a pm to a mod or Stephen. They will try to help. Good luck. We are off on holiday on Monday and I bet you have got a 100% refund by the time we get back home 2 weeks later!

[Karnevil]

Abbey are mean. They may wait until Chardonnay has entered her amended claim before refunding her.

Chardonnay, after you call the court it should become clearer what they require. I'd would suggest you PM a mod or stephen as joneshh says. They will be able to look through your particulars of claim and see if there is any reason there why the court require it be amended. I suspect Abbey will give up as soon as you enter your part of the order to the court.

[Chardonnay123]

Thank you so much JonesHH and Karnevil.

My husband will have to ring the court, although I keep referring to my claim, I, me etc etc, its actually his account so its all in his name. The courts won't speak to me so roll on lunchtime and he'll get the phone thrown at him as soon as he gets in from work!! lol.

In the meantime, my POC are as follows:-

"I have an account with the Defendant, Abbey. Acc No.xxxx. I am claiming the return of the money taken by the Defendant in the way of charges over the last 4 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty, therefore unenforceable as they are contrary to common law. As a disproprotionate penalty they are invalid under The Unfair (Contracts) Terms Act 1977 S4 and under The Unfair Terms in Consumer Contracts Regs 1999 Para 8 Sch 2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of The Supply of Goods and Services Act 1982 S15. I calculate the bank have taken £ plus overdraft interest charges of £ totalling £. I also claim interest under S69 of The Coutny Courts Act 1984 at the rate of 8%/year of £ (total Claim £) and also interest at the same rate up to date of judgement or earlier payment at a daily rate of £."

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[Karnevil]

Hi Chardonnay - Yes that is completely fine - you did change the xxx and put the £ amounts in didn't you ? (some people havent so its not that silly a question )

I don't actually remember how much your claim is for ?

[Chardonnay123]

Ha ha.... yes I did put the amounts in - lol.

Its for a total of £4,800.00. Of course there are now court fees and daily interest on top so it will take it over £5k.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[Karnevil]

I knew you would have done but thought I'd check - I think I have seen two people submit claims without changing the xxxx from the template letters......

Can't your OH have his lunch early ..............

[Chardonnay123]

Right, spoken to Court.

The judge has asked for an amended claim - this is something he can ask for. It is nothing to do with Abbey's AQ.

I have to fill in another claim form N1, mark it "Amended Claim". Underline any amendments/changes and submit 3 copies to Court. They will then seal them and keep one copy for themsleves and send 2 copies back to myself for me to serve on Abbey.

Can anyone help - I have typed my original Particulrs of Claim below - what changes should I/do I need to make?

Does this sound as if they don't want to waste time setting hearings for it to be settled beforehand or is it something I have done wrong? Trust me to get something different!

Also, how do I PM a mod? (stupid question I know).

Thanks