Abby Vs Cahoot

[Abby]

I have received a letter from the court titled "General Form of Judgement or Order" and it states;

"Before District Judge sitting at Basingstoke County Court, 3rd Floor.

Upon referral of the Allocation Questionniare

IT IS ORDERED THAT unless the defendant do file an Allocation Questionnaire on or before 21st September 2006 the defence will be struck out.

Dated 07 September 2006"

I beleive this means that Cahoot have not filed a allocation questionniare and the judge is not to happy about it. Any ideas what happens next?

[EEK!!!]

Hey Abby, Just got back from holiday and have recieved a letter from DLA offering half, interesting enough one of the paragraphs reads
'Also, as you will appreciate, if we can reach agrrement there will be no need for either of us to fill the Allocation Question.'

Made me chuckly after reading your thread considering they still haven't send in there AQ for your claim.

Stick with it I'm right behind you.

[Abby]

And still no news (although a new charge has gone on my account).

[Abby]

Just phoned the local court to see when I would get a court date. Told they should have sent it to the district judge and they will do so as a priority and I will hear in a couple of days.

Roll on!

[Abby]

Received a court date!! It is for the 13/11/2006 and I must have all documents in no later than 14 days before the hearing. Guess I will be spending half term photocopying then. There is one line in the document I am wondering about.

"No permission is given for the defendant to adduce expert evidence as suggested in the Defendant's allocation questionnaire." Any ideas what this acutally means?

Abby

[jkop]

good luck, I think that message means cahoot can't call any expert witnesses as you suggested.

[Karnevil]

you could call the court and ask for a copy of the banks allocation questionnaire ?


adduce = To cite as an example or means of proof in an argument

[Lager_Lou]

Good luck Abby - let's hope they pay up before court!

Lager Lou

[Chimera]

Wow.. good luck abby... I'm still waiting on them trying to get the judgement set aside

[Micking]

I'm so pleased I read this thread, I have just received my Court Date with Cahoot for 19th December!! Can't believe its so long away!

The letter received from DLA Piper saying no breakdown of charges and interest had been received was practically a carbon copy of what they sent to me, I also replied to say that it had been sent twice already!

Am really nervous about the court date? Do you know of anyone that has met them in court??

Good luck with your court date! Keep me posted how you get on!!

[Abby]

I'm not nervous yet. Prehaps I will be on November 12th if I still have not received anything from the bank. I will phone the court and ask for a copy of the allocation questionniare as I think it will be interesting.

Good to hear from you Chimera, keep at them.

I am going to print all the documents I need tomorrow (have a clear day with no children) and send them to cahoot early. Show them I am really prepared.

[EEK!!!]

have you sent a reply to the defence?

[Abby]

No - should I have?

I am currently print out the million and one bits of paper that apparantly everyone needs to have eight thousnad copies of.

[Abby]

Just a quick question. I am putting together the court bundle, I have a letter from the solicitors which is "without prejudice", now I realise I do not put a copy of the letter in the bundle, but do I make reference to it in the index? What do I do about my reply to the letter? Do I not include that or do I stick it in anyway?

Any help would be gratefully appreciated.

Hi Abby, just reading your thread and I wish you all the best! I doubt that you'll end up in Court but you're not letting it phase you and that's great

The 'without prejudice' letters, I'd stick them in anyway, the Judge will know what to do with them (maybe he'll read them but he can't make a judgement based on them). Don't forget, the Judge knows that you have no legal expertise and will try and help you, if Cahoot get all anally legal then the Judge will probably take a dim view of it...he/she knows their game!

Good luck
Wxx

[Abby]

Thanks Willowb.

I'm going to stick them in and hope for the best. Like you said I doubt the Judge will have me hung drawn and quartered for one mistake.

Abby

[EEK!!!]

Regarding my question I'm not sure. I was wondering wether you had as I haven't either!
My court date is in January!!

[Abby]

Court bundle completed, all 89 pages of it. I am going to photocopy tomorrow and post as well. I have a couple of cheap ring binders from tesco which I will use to keep everything together.

I must say I am incredibly impressed with it, looks very professional and does not look at all like it was completed by little old incompetent me. Wait till the kids spill drinks and sneeze on it and it will more like something I would have done.

Abby.

[Abby]

Posted my court bundle to all relevant parties today with next day delivery (fully expect Royal Mail profits to be well up next year). Came home and the phone was ringing. It was a lady from Abbey's inhouse solictors who are taking over the case. Basically they want me to accept a lower amount and kept asking what would I be prepared to accept. I told her without knowing excatly what it cost the bank to bounce one of my cheuques or DD I would be unable to say excalty what I thought a resonable offer would be. She said that would be disclosed in court.

They take issue with my figures, mainly the interest on the penalities (they are not called penalities you know), and she said the section 69 interest was discreationary and normally judges only awarded 5% of the interest. She said consumer action groups (what are they??) were misleading in what they were saying.

I was very polite and ended up sending her my spreadsheet so we can negotiate futher.

I asked her if the change in solictor would slow up my case (as I had just posted my court bundle to the wrong people) and she said no.

Roll on 13/11/06.

[jkop]

hold out! they are just trying to scare you into accepting a smaller amount. Keep going! good luck