Karnevil V Abbey Business - **SETTLED**

[JonCris]

Hate to say this but you may have got an earlier date if you had estimated your hearing as being 30mins. Your case is cut & dried insofar as it is established law whilst we know theirs is a no hoper & it will not come to a hearing.

Remember the courts are very busy (not least because of us) so when estimating your hearing time if you overstate the time you won't be given a date until the court has a day where they can fit in your 4-6 hour timetable Forgive me if I'm wrong but I seem to recall you made allowances for THEIR expert whom you assumed, without any evidence, they would be producing to justify their charges.

If we get a reputation for asking for excessive court time when we don't need it, it will work against us. If the defendant settles (as they do) just before hearing it means the court is idle for whatever time has been set aside & 4-6 hours is half their day & not earning fees which this government is very keen they do

[Karnevil]

Hey Jon Cris - I did estimate my part of the hearing to be 30 minutes. I said to the solicitors I would expect putting my case to the court would take no longer than 30 minutes - The solictors wanted to stick with 4 hours for their part...annoyingly. And probably exactly for the reasons you have said.

Now any ideas what to do about the fact that the solicitors have defended the case based on the wrong account type and number ?

[Karnevil]

Okay - thoughts of negotiating running through my mind.... how about offering to settle for the full amount of this claim, and full amount of the claim thats sitting on my desktop waiting for the abbey cheque to clear to pay the court fee so looking at Monday now) enabling them to avoid paying the interest and court costs on both. I offered a similar thing a while ago when I first got my settlement but didnt hear back but this offer I made was based on an estimated amount of 2.5k for the pending claim, I am now only claiming £1355. So they might think they are getting off with less ? or are they not that stupid....

Any thoughts welcomed.....

[Lula]

Why not, you have nothing to loose

get your money and then come to Henlow Grange with me LOL

[Karnevil]

You're on - off to write a letter to DLA - if anyone thinks its bad idea you probably have about 15 minutes to stop me LOL.....

[jay31ars]

hi people

If you do go to Henlow Grange you must stop by and say hello. I happen to live fifteen minutes walk away in the village next to henlow. Hows that for a small world. LOL

Jay

[Lula]

Jay, what will your neighburs say to a couple of women in bath robes wandering down the road ROFL

[carlyt123]

Originally Posted by karnevil

think I may amend my claim to include interest see if that gets them off their butts. What do you reckon ?

Hi karne,

I definitely reckon you should amend your case to include the interest. Otherwise they have no reason not to leave it right until the last minute in October to pay you out, as there are no mounting costs.
God knows about the account name. Obviously you probably should notify the court, but on the otherhand you don't want to delay things any further.
Also about your efforts to settle. I would definitely try this, but do you remember when Barracad said trying to settle early with them may make them more likely to prolong the claim, when I was thinking of sending a letter.
Just some thoughts.

At least you have a date now though, for what it's worth!!

[Karnevil]

well I've sent a message to them with an offer - doubt it'll get anywhere but thought its worth a try. My second personal a/c claim goes in on Tuesday now (waiting for money to pay for it) so I've used that as a leverage.

I'm not sure yet about amending my claim (the extra interest will only be about £100 so hardly a major incentive for them to pay up - I'm not too worried about the timescales the later they pay the better for christmas - I'll see what happens on Tuesday then ask the courts opinion.

Thanks for the input - Barclays still haven't caved ?

[carlyt123]

Yeah what the hell, you never know!!!

Oh I didn't realise your interest was so little. Mine was nearly £600 on my business a/c, so maybe they enticed them more to settle more. As you say yours isn't such a bargaining tool. Also could be agro and could delay things further.

That's cool if you are not so depserate, as you know my account is going to be closed soon, so I have been really manic about this Abbey and my Barclays ones!!

Not a dickie bird from the Barclays. The last I heard from them was when they filed their defence. I have had no offer letters or correspondence from them at all. They seem to be playing things a bit different to Shabby. At least DLA sent the occasional letter offering you something!!!!
Anyway, I guess we'll get there in the end, unlessthey close my account first!

[JonCris]

Originally Posted by karnevil

Hey Jon Cris - I did estimate my part of the hearing to be 30 minutes. I said to the solicitors I would expect putting my case to the court would take no longer than 30 minutes - The solictors wanted to stick with 4 hours for their part...annoyingly. And probably exactly for the reasons you have said.

Well it'll be them that will pea the court off!

Now any ideas what to do about the fact that the solicitors have defended the case based on the wrong account type and number ?

I think using this is a non starter as the court will allow them to amend their defence & you using on the day it in court may reflect badly on you. What you could do is when you get to court point their mistake out to the judge. That sign of a willingness to compromise and save the court time will go in your favour.

Did you refer to your hearing as a AQ hearing. I suspect that it's actually a directions hearing when the judge will decide on the matters to be heard & if either party requires time to prepare or further evidence is required. At this point request, (as the defendents require 4 hours) "full disclosure" so that you can prepare your counter argument.

Don't let them foist any so called "experts" on you. If you have not been told in advance & agreed to their choice nor seen his/her report & had an opportunity to ask them questions then they cannot be considered an unbiased expert witness & the judge should not allow their evidence to be heard

[missphant]

hey karnevil - i wondered if you could help. my correspondance regarding my claim is going through northampton county court - is there a reason for this as i live in kent and wondered if i can change the court to one nearer me?

[carlyt123]

Originally Posted by missphant

i wondered if you could help. my correspondance regarding my claim is going through northampton county court - is there a reason for this as i live in kent and wondered if i can change the court to one nearer me?

Missphant,

Northampton is the court bulk centre, all claims go there first and then get allocated to a local court later

Carly

[Karnevil]

hi missphant - it will be re allocated to your local court automatically after the defence is received. don't worry.


JonCris - yes thought that - could I tell the court now that the defence is wrong and allow DLA time to resubmit it ? It does show how little care and respect DLA have for the courts. I think its for the full hearing - the paperwork hasnt come yet - should be here tomorrow so I'll know more then.
I left my AQ's blank too on this one. I'm glad I did this claim first actually as I seem to have made all my mistakes in it and the bigger ones are being settled.

I'll let you know what the court papers say when they arrive. Appreciate your help.

[missphant]

thanks very much carly and karnevil - i was envisaging several treks up to northampton for court appearances, but feel better now

[JonCris]

karnevil

OK let me know

[Karnevil]

Hi Joncris (and everyone else