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yes d1 i did but for some reason the judge decided against, you'll just have to wait and see, I do hope the judge goes for in your case, get ready to do your court bundle just in case
yeah me too, i have also sent the aq and draft order directions to Abbey today i was thinking of waiting till nearer the dead line to hand it too the court, to give the bank a bit more chance too offer me full payment b 4 futher court proceeding, do u think this is a good idea?
do u think i should attach the offer from abbey to the aq that i am giving to the court? and i have sent nothing to decline this offer too abbey , is this ok?, or do u think i should write to them i have actually declined?, i mean i am sure they will know what my decision is when they recieve my aq and draft order!
d1, need to be a bit careful - was the offer letter marked without prejudice (mine was) ? If so, that makes it inadmissible in the Court proceedings. Regards, Mad Nick.
yeah it does thanks nick, i wont be doin that then, i take it that means i cant mention that throughout the whole case, bit out ov order thats vital evidence that they are admiting defeat atleast by half! wot do u think on the rest of my passage?
i was thinking of waiting till nearer the dead line to hand it too the court, to give the bank a bit more chance too offer me full payment b 4 futher court proceeding, do u think this is a good idea?
Good idea in theory, but no point with Abbey - they'll stick in their aq just before the deadline.
or do u think i should write to them i have actually declined?
oh damn, only just passed second thought after wot has jus bin written, i was using a different site to this first of all but they only went up to mcol bit, they didnt explain n e thing about wot u had to write or nothing so i tackled this 1 by my self, and in the POC i jus wrote a short very basic paragraph. this is wot i wrote:
i am claiming against Abbey national plc, for unlawful bank charges 4 the sum of £364. i am also claiming 8% interest which adds up too £64.76 making a total claim of 428.76.
i didnt realise u had to go so deeply into the situation, can any body help me as to wot i should do now?
d1cky, wot site were you using !!!! I've seen quite a few threads where a Bank's defence have highlighted the inadequacies of a POC and one where the Judge did the same. In the latter case, I seem to remember that the Judge gave the Claimant so many days to produce a sensible POC. If I've read your thread correctly, Abbey have defended but they haven't ripped into your POCs. Odd. But in that case I think that you've got the following options :
wait and see what the Judge does.
If he issues standard Directions and sets a Court date, you might get away with it because you can rectify the situation by arguing it properly in your Court bundle. Abbey won't want to enter Court, and Bob's your Uncle;
If, as I say, he spots the flimsy POC, you'll get directed to sort it out
OR
you could just submit an N244amendment to your N1. Costs £35 though and I think there has to be a hearing to accept it.
If it was me ? I think I'd wait and see what the Judge says. But interested to hear other opinions. Regards, Mad Nick
thanks nick, i think ill wait to see if n e 1 else wants to add to that, i have untill wednesday to give my aq too the court so i supose i have a bit of time to weigh up my options, but i will get all ready incase i do need to amend. ta very grateful for ur thoughts!
right i submitted my aq a wk ago now, the deadline was wednesdy, i also did a N244 and a new n 1 form! i also wrote an e-mail to Abbey regecting thier offer of half, but give them another chance to settle in full, b 4 further interest was added i also said that if they did decide to settle now i wouldnt bother claiming for costs and/or compensation as i thought this might prompt them to settle now, but have heard nothing from them, i am going to withdraw the offer tomorrow and tell them that i will see them in court! does n e 1 know about claiming costs and/or compensation as i would now like to do this if possible?
hi don't know about compensation but u can claim for costs however, its at a later stage when u have to submit your court bundle as directed by the judge.
After a long wait I have received a letter today from court, which i quote, " TAKE NOTICE that the ALLOCATION HEARING/CASE MANGEMENT CONFERENCE will take place on" etc etc. does this mean im going to court to decide which track i will be allocated, if so y is this?
hi d1, initially, i had the same prob where Abbey queried the amount i was claiming. Partly because half of the claim was estimated, however, once i reminded Abbey that they had not sent me the statements and that they had been aware of it, it worked out OK.
have you double checked all the figures? if all is fine then i wouldn't worry about it. Just turn up on the day. When it gets closer to the date, to calm some nerves, you can always ask the court if you can visit just to familiarise yourself.
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