Jump to content


  • Tweets

  • Posts

    • No Andy, I'll scan, redact and upload later today. So the court sent me 2 letters, same envelope and stapled together but with different dates!. 1. N24 General Form of Judgement or Order, stating: UPON considering the papers herein IT IS ORDERED THAT The claim is listed for an attended hearing 25 May....... at which court will consider allocation..  etc   2. N24 Notice of PTR/Adjnd/Restored/Hrg/Management conference TAKE NOTICE that the hearing will take place on 24 May at....... When you should attend 30 minutes has been allowed for the Hearing   No other instructions anywhere in the envelope or on the letters. Do I attend both?
    • Then leave it just proceed with the claim( strike out/SJ application are risky).....the defendant will not be permitted to rely on written evidence (documented) only verbally as they failed to comply with the N157 (unless they have filed with the court and failed to serve you a copy) ?  
    • Ive asked court to strike out for non compliance but they came back and said needs £275 application fee and formal n244  
    • Did the N24 invite either party to submit a statement ?
    • Thanks for responding Andy, that was my understanding when receiving the N24, mild panic when I got Link's WS for the date though! not sure why they would send me theirs..
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

MissPhonic v Abbey


MissPhonic
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6000 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hey all!

 

I'm trying to reclaim about £3k from the Abbey, should have done this a long time ago when I had more time on my hands, but like everything I keep putting it off and now i'm juggling this with a 3 week old baby, so ANY help would be much appreciated!!

 

I sent off my data request letter and fee in Feb, and recieved my statements, and the spreadsheet of charges that they seem to be sending out these days, along with a refund of my £10 fee as it took slightly longer than the 40 days.

 

I am now preparing my prelim. letter but am totally confused by the schedule of charges spreadsheet, do I claim the interest at this stage?

 

Thanks in advance!

 

Vicki

Link to post
Share on other sites

  • Replies 79
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi MissP,

 

I'm answering you on this thread to keep your story together. Leave the "Days since offence " off along with the interest.

 

Do you know how to hide columns in a spready?

 

cf

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

Link to post
Share on other sites

Hi, Thanks for your reply.

 

Yes I've worked that out, Thanks though!

 

Just started my spreadsheet and now baby has woken up...... This is going to be a challenge to say the least! :p

 

Vicki

Link to post
Share on other sites

Ok, At the risk of driving everyone loopy with my questions....

 

On the spreadsheet, do I need to enter the EXACT date of the charge?

 

Abbey sent me microfiche from January '01 to January '04. and statements from March '06 to April '07 These state the exact dates.

They then sent me a spreadsheet of all charges from January '04 to December '06 which covers all the missing months, but only states the months the charges were added not exact dates?

 

Is this a problem? Or for those dates should I just include the month?

 

Thank you again!

 

Vicki

Link to post
Share on other sites

Re: the above post!

 

Reading that back, I may have over complicated it a bit!

 

All I need to know is can I get away with putting the month of 'offence' or does it have to be exact date?

 

 

Vicki

Link to post
Share on other sites

HI Vicki

I had the same problem so i just looked at the date they took the charges on my proper statements and they were always around the 7th or 8th of the month, so i just put in the 8th for all the months on the spreadsheet that they had only given a month

Does that make sense?

Have you got any charges on statements that you can look at?

 

Melissa

Link to post
Share on other sites

WOW :D I've just noticed that i have a reputation comment from you!! Thank you, It's usually me looking for everyone else's help, didn't expect that came across it by accident

 

Thanks again very much appriciated

 

Melissa

Link to post
Share on other sites

Re: the above post!

 

Reading that back, I may have over complicated it a bit!

 

All I need to know is can I get away with putting the month of 'offence' or does it have to be exact date?

 

 

Vicki

 

You need a date so that the spreadsheet can calculate the number of days from then til now so it can calculate the interest! As sutherm says they take the charges on or around the same date each month, so all you need to do is find a statement with a recent charge and see when that was taken and use the same date for each month!

 

Hope this helps!

  • Haha 1
Link to post
Share on other sites

Well done.......I reckon you should have your money back by halloween, but you'll definitely get it back!!:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

Link to post
Share on other sites

I hope so!

 

Bog standard 'Give us 4 weeks' letter received from Abbey, sent the day they received my letter!

 

4 weeks my a*se;)

 

11 days and counting........:p

 

Vicki

Link to post
Share on other sites

  • 2 weeks later...

Bog standard 'Give us 4 weeks' letter received from Abbey, sent the day they received my letter.......

 

Exactly the same as the letter I received in response to my prelim....

 

 

Dejavu?????:rolleyes:

 

12 days and counting......

 

Vicki

Link to post
Share on other sites

  • 2 weeks later...

Right, Day 14 and here's where it all gets a bit scary and I need real help!:oops:

 

I'm going down the N1 route as from what i've read it sounds like the better option.

 

Question time!

 

1. I want to deliver my N1 by hand, does it have to be to my local County Court? My local court is actually a magistrates court, but obviously if it has to be to the county court then so be it!

 

2. Re my schedule of charges, I have to admit I'm a total spreadsheet noob, and a self taught one at that! I managed to hide the interest columns for the prelim and LBA stages, I'm guessing here's where I unhide them, but I can't work out how, I did it before but have a horrible feeling they have disapeared now as I can't do it again!:?

 

3. In the charges bit of the N1, in the template it has overdraft interest, Is that the bit that I get from the spreadsheet? Then Interest under s.69 County Courts Act 1984 - What is this? How do I calculate it?

 

 

Thanks in advance, sorry to be a pain but I really want to get this right!

 

Vicki

Link to post
Share on other sites

Hi there

 

1. Yes it must be the County Court

 

2. How did you hide the columns? Did you use the tools or close them up? If you want to email me the spreadie I'll have a look for you (I'm pants at all the legal stuff, but not bad on spreadsheets!)

 

3.No, the overdraft interest is the interest charges Abbey put on your account when you are o/d. The interest under s.69 is the 8% from your spreadie, then you do the following calculation to work out the daily rate:

 

your total claim amount at the date of submission x 0.00022

 

to give you an amount, for example mine works out to £1.75 a day.

 

Will pm you my email address - hope this helps

 

Godd luck

 

Jo xx

  • Haha 1

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

Link to post
Share on other sites

Thanks for the quick reply Jo!

 

I did hide the columns as I managed to get them back at one point, but I can't do it again!:-| I will take you up on your offer of help if that's ok, thanks for the pm, i'll forward my spreadie in a mo!

 

Where do I get the OD interest from then? Do I need to go through my statements again and look for any that was taken and add it all up?

 

Thank you!:oops:

 

Vicki

Link to post
Share on other sites

Hi Vicki

 

Yep no problem - will get it back to you asap.

 

As far as the o/d interest goes, I believe that is "contractual interest" and as such cannot be included in your court claim unless it has been asked for in your previous correspondence to the bank, so I would leave that well alone.

 

But I am sure someone else will correct me if that is not the case.

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

Link to post
Share on other sites

Oooooops! Made a boo-boo!

 

Was just re-reading Particulars of Claim Hard Copy - doing mine today too.

 

I mis-read the daily rate calculation for interest - nearly dropped us both in the doggy doo!

 

It says "charges + O/D interest x 0.00022" and neither of us are claiming o/d interest so the formula I did for you (and me!) is wrong; it should read

 

=C154*0.00022 on your spreadie

Sorry :o

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

Link to post
Share on other sites

Jo you are an absolute star!!!:p

 

Sorry I didn't get back to you earlier, my internet connection keeps cutting out, then I had to go out too!

 

Thank you so much for doing that for me i'm useless with spreadsheets, I was doing what you said but for some reason it just wasn't working for me:?

 

Re the highlighted charges, I will drop them, I have had charges since then too, so could add them, do I need to write to the Abbey again to let them know I am claiming more charges and send them an up to date schedule?

 

I really can't thank you enough Jo!

 

Vicki :)

Link to post
Share on other sites

Hey Vicki

 

You are very very welcome - it was no problem at all.

 

No, you do not have to inform them - it doesn't matter if it is different to your original request to them, only the figure on the actual claim matters.

 

So save your postage - they will know soon enough hun :D

 

Good Luck and Very Best Regards

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...