JKOP Vs Cahoot

[Karnevil]

Short and sweet - nothing problematic in it.

point 10 - I'd ignore for now as they have your list and hold your actual statements....I assume they sent you copies of statements so this will suffice as evidence if it goes to court ...lol

theres some guidance notes for completing the Allocation questionnaire in the templates library.

[jkop]

thanks - I've got the template on my PC so will knock up what I'm submitting and post it later. I'm glad they have not used up all the time they could have just means I get to get a court date sooner!

I take it I don't have to reply to their defence until I'm given a court date right (as part of my court bundle?)

Also (seeing as I accidentally have another AQ) should I use this and return ASAP or should I wait for the new one to come? re: returning the AQ - is this better to return quickly or wait till nearer the deadline incase abbey come up with settlement?

[Lager_Lou]

Hey Jkop,

Good that they're not stalling, but are you actually bothering to reply to the defence or not? And as for the AQ, I'd personally wait for the new one to arrive or call the court and ask when they are sending your AQ out?

[jkop]

not yet - I'm just filling out the AQ - Do I put this text under G) Other information:

Do I need to change the part about the defendant not counterclaiming? They haven't actually counterclaimed as such but they have put in their defence that if the charges aren't fair then I should still pay the real cost (which i would)

I believe the case will last no longer than 1 hour

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

[Lager_Lou]

Probably wait for a mod to respond with a definitive answer, but from reading the AQ guidance I assume you do put this text under section G. And yes, I think they are counterclaiming their actual costs but as they haven't disclosed what these are you should probably state you are happy to pay their actual costs once you have evidence in the form of a full breakdown of what they actually are.

[jkop]

thanks - will wait for a mod - confusing as to whether its an actual counterclaim or not.

[jkop]

Just called the court to see where AQ is.. and Abbey haven't filed the defence with the court! I've got a copy but not the court. The court say I can get judgement by default on 7th Nov as far as they are concerned.

Now I want to get a court date asap - would I be better calling abbey and telling them so I can get moved on to AQ stage or just get judgement by default on 7th (but will they be able to overturn this?)

[Abby]

I don't think it would harm to email them and saying the court is waiting for a defence before you can move on. I wouldnt put it past Abbey to be waiting until the 7th to enter a defence, just to keep dragging things out.

[jkop]

yer thats kind of what I was thinking though obviously if I leave it I can get judgement by default but if thats actually going to make things longer in the end then maybe worth calling them, tricky one

[Lager_Lou]

Hey Jkop,

guess what? yep, snap. Had exactly the same defence waiting for me when I got home.

Regarding the court not receiving Abbey's defence.. if it were me I'd prefer Abbey submitted the defence with the court, rather than me having to file for claim by default only for Abbey to challenge it and have it overturned.

Maybe the court is a bit behnd though and have received the defence but haven't talled it up with your claim? Either way, I reckon it's worth calling/ emailing Abbey and letting them know the court doesn't have their defence.

Are you going to respond to the defence? I'm unsure whether I should reply and enclose another schedule of charges, seeing as how they claim not to have it, but then again - they do know what i'm claiming for, they have a copy of the charges and maybe I'll just wait for the AQ.

Undecided!

[jkop]

I think I will re-send schedule even though I have a recorded delivery proof I sent this with the claim to cahoot and court, I think I might call them - never know they might want to settle too

I don't think you need to reply to the defence yet only later on when judge asks - but I am asking for a standard disclosure in box g)

[jkop]

doh! Called up Abbey,

She thought she's sent it off and wouldn't have know if I hadn't called, though will look better on me in court that I try to be fair in my claim and hopefully will speed things up in the long term because I would have got judgement but they would have probably tried to get it set aside saying they sent defence which would have delayed things even longer.

She thanked me for letting her know and she did ask if I had a figure in mind to settle the case lol.. I said sure... the full amount including my costs

She said she couldn't do that but would have a look at my case and come back to me with an offer today. Might be tempted with ALL charges plus court cost but minus interest if settled now as this is what I'd have got if they settled at LBA stage.

[Lager_Lou]

I think you did the right thing calling her up - they would only have overturned the judgement and prolonged everything. And although I can see you'd be tempted to take a settlement less than you've claimed for, I think you should hold out and bargain hard with her - the interest is probably quite a bit on your claim.....

[jkop]

yep amount £275.. i'll try not to be weak!!

[Lager_Lou]

Good luck!

(I think personally I'd grab it and run all the way to the pub with it - but that's the kind of attitude that has landed me in such a mess!)

[jkop]

lol too true -

[Abby]

Keep at it JKOP. Stick to your guns and don't accept anything less than what you are entitled to.

[jkop]

will do - I told her when she said did I have a figure in mine... I said der.. the full amount, she said well TBH we'd rather go to court and lose (which I laughed) but she's going to come back to me with an offer today but I'm going for full amount, I nearly weakened yesterday!

[perez30]

Stay strong JKOP!

I'm at the AQ stage of my claim and following your case with interest.

Funny that she said they'd rather go to court and lose - because that's what would happen!