Sammy115 vs Abbey * SETTLED IN FULL ********

[sammy115]

I received this letter yesterday and wondered if you could all help.

The 'judge' has considered the statements of case and allocation questionaires submitted in this claim and has decided that a hearing is necessary before a final decision about allocation can be made.

Reasons for the hearing are as follows:

1. To examine the merits of the claim
2. To examine the merits of the defence
3. To enquiry(sic) what expert evidence should be allowed for each party.
4. Whether the case should be a SCT one or such other track as the parties suggest and the court decides.

The 'judge' orders you to attend at 14:00 on the 10th October 2006 at the court.

I have a couple of questions. I am quite prepared to pull together my 'court pack' as recommended in the library and take that along, but am I doing the right thing.

Has anyone else had this? If so any advice.

Is SCT small claims track?

I now have brown pants on, although I am quite prepared to go all the way!

[Odd Fellow]

I think you will need to tell us what this case is for.

Odd

[sammy115]

It is for my claim against Abbey for bank charges. Story so far.

Claim online for £4,000 bank charges (including interest)
Defended by Abbey on usual grounds.
50% offered by DLA Piper and refused by me.
Allocation questionaire completed by me.
Allocation questionaire completed by DLA Piper stating they were going to use 'expert evidence'.
Judge ordered that Abbey declare details of their 'expert evidence'
Abbey declared that their 'expert evidence' would be the foresenic accountant stuff that I think Karnevil has detailed in his thread.

Now a judge has ordered that both parties attend Court next Tuesday to discuss the 'merits' of the case and to decide which track the case should be in.

[Glenn UK]

Bascially they wil decide if the case is simple and needs any expert evidence and if a couple of hours would see it done.

You need to bone up on the case you have and all the arguments which basically explain why the charges are penalties and unlawful.

I would suggest you also need to get the ideas into your head about why their charges represent a signficnat over estimate of their actual costs. THe basic arguments are set out in the FAQs i believe.

I have a report sent to the chancelloer of the exchequer which sets out typical costs for typical banking activites on current accounts if you need a link.

You may also want to introduce the number of claims that are being brought agaisnt Abbey which they are failing to defend in court having entered a defend, completed their AQ and obtained hearing dates.

This would need to be in the form of a table/list of cases or something like that rather than a general statement.

If you havent been to court before, dont be too worried, concetrate on getting things straight in your head, get your court bundle together whuich will help you prepare yourself.

If you have things straight in your head and are wll prepared then when and if necessary you will be able to put across any information you need to.

If you do want support in court then unless you have a suitable freind then you need to be trying to ifnd a 'buddy' now really.

JMHO

GLenn

[sammy115]

Hi Glenn

Thanks for your advice - really useful. Could you pm me the report? Is that possible. Also any advice on where I might find the statistics on the cases that Abbey are defending (or even capitulated on) for my table. Is that on the forum somewhere - or is it a case of just reading through the posts and adding it up.

Not a problem either way, I am more than prepared to put the legwork in. I am also quite happy to trot off to court too. Its in Redditch by the way, so if anyone is in the vicinity I will be more than happy for the support.

[Glenn UK]

This link should take you to the home page of the report, chapter seven gives the indication of costs for some standard operations.

Banking Review Final Report

Re list i am not sure whether theres a list compiled already if there isn't then its counting up the info available I'm afraid.

HTH

Glenn

[sammy115]

Hi ho hi ho its off to court I go. In work till 1.30 then off to court. No offer as yet though i left before the post, so we shall see. Will log back on later and tell what happens.

Glenn - not forgotten, a little stressed, too much going on, may ring you later

[martingump]

Best of luck!

I wonder if Abbey will eventually disclose what the actual costs of a bounced cheque/direct debit are? Or the costs they incur when they pay an item on a customers behalf, sending them in to Overdraft?

I'll watch in anticipation, as I have issued Count Court papers on the Abbey in the last 2 weeks.

[karencupit]

Hope it went ok for you today Sammy!! Keep us posted!

karen x

[KatieHornsby]

Hope it went well, sending my letter before action next week so it will be interesting to know what happened!! Go girl!!!

Katie xx

[srfrench]

Well..... come on then....... how did it go?

:o

[sammy115]

LOL, sorry I got locked out and had to go to my friends. I was so hyped up she gave me a drink, so now here I sit three sheets to the wind.

What did I learn. - take a bloody pen with you for a start!!!

AND

The judge was totally on my side. He was lovely. Abbey wanted to fast track my claim - although it was under 5k they said with the two 'expert' witnessess they wanted to produce it would take the trial to three days, thus costs would be exorbitant ( maybe hoping I would capitulate and give up).

However, my judge disagreed - it actually only seemed to be a conversation between Abbey and the judge (it was someone instructed on behalf of DLA Piper by the way). He deemed the forensic expert advice okay but the 'banking industry expert' they wanted to produce should be a senior member of Abbey bank and not an 'expert'. Basically he decided that three hours was enough time (given the number of cases going on all over the country at the moment). He actually did state at one point that surely the bank must already have the expert evidence to hand.

So what is next. He set a timetable. I am to produce in the next fourteen days, for the benefit of the court, a schedule of the charges (this has already been sent to DLA - not to the court) along with a detailed explanation of why I think the charges are unfair. Abbey then have fourteen days after that to produce their expert evidences report. I then have fourteen further days to question the expert evidence. Then we both have 28 days to produce a bundle of documents. (that DLA have to help me with, as I am not an expert) and then a date for trial will be set for Feb. UNLESS as the judge pointed out - a case is heard in the meantime.

The judge asked me if i had anything to add - I told him I was going to be my expert witness. He laughed and said me and the expertise of the CAG website.

I am sure that if the bank produce an expert witness a pig may fly across the sky - but who knows. One thing I am sure of is I am not scared and more than happy to go to court again. Although I may take a pen next time.

[Karnevil]

Well CAG seems to be getting mentioned in a lot of cases now

Well done sounds like you got a great result there too. I found I didnt have to say much at mine either the judges seem quite sympathetic to us little people.

Your part sounds pretty straightforward and it will be quite amazing if Abbey do actually produce their experts evidence report.

How are DLA to help you with the documents bundle ?

Well done Good luck with the rest of it.

[Glenn UK]

HI Sammy

Glad it went OK, did DLA/Abbey say who their experts were going to be?

GLenn

[ellemmjay]

Good for you Sammy

I have utmost respect for those of us who have had to appear in Court

Best Wishes and watch out for the postman.....

Elle

[KatieHornsby]

Well done sammy!!

If I have to go to court I will be taking some tips from you.

xx

[sammy115]

Okay - I have kind of recovered now, and I need to do my bit first. The judge said that as I filed my claim online and there is limited space to detail my claim, I must send a statement into the court as to why I think my charges are unfair along with a breakdown of my charges. Any clues as to what to put. I have looked in the library and looked at the N1 form details, but it doesn't seem to go into very much detail as to why I think the charges are unfair. Can anyone help with the wording.

I have about 11 days left. Then Abbey have another 14 days to send in their evidence!