Hi Becca,

Good luck with everything, forget about the CPR Part 18 the bundle landing on their desk will get their attention just as well. Will keep watching for progress.

FFx

No it was easy as Gary has done all the hard work for us. If you go to the sticky on "New stragey - CPR Part 18" it has all the details. I just cut and pasted it all into word, printed it, took to court with my £35, wait about a week for judges decision and bobs your uncle! Must admit I was so glad I didnt have to attend a hearing but would have. This is going to be the longest 2 weeks ever. Well except for between weeks 38 to 40 in pregnancy

(Stalkers Are Us©)

Sam.....am sure I dont know what you mean

Roses, make sure you always send a hard copy too, they're a bit slippery otherwise, and always recorded delivery. Just from my own experience:rolleyes:

FFx

Good luck with the claim, but dont faf on I just took the total GOGW off the bottom of the spreadsheet, it will be fine like that.

Excellent!! Very, VERY good news! Well done.

 

Abbey are in a vulnerable position now IMO. They have also just lost a claim in Birmingham a week or so ago. I think we can now start really attacking them. Part 18's are one option, I've got a couple of other idea's as well which I'll put up in the next week or so.

Ah thanks Gary, I really couldnt have done it without you. You are like a CAG superhero!

I think the way forward is to keep changing tactics as they always find a way round each one eventually, they are as slippery as eels......

Right Exact words were:

Before Deputy District Judge XXX sitting at Darlington County Court, addressxxxxxxxxxx.

Upon considering the claimant's appliction

IT IS ORDERED THAT

1. Unless the defendant shall respond to the request for further information under CPR part 18 by 4.00pm on 23 July 2007, the defence will be stuck out.

Dated 09 July 2007.

Short and sweet but music to my ears, I dont think I will ever get sick of reading it

Hi Guys!

I am sooooooooooo happy!!

The result of the CPR 18 request is that the judge has issued an order and the Abbey have until 4pm on the 23rd July to disclose the information or the defence will be struck out:D

Cant wait to see what Inga does with that one.

Best £35 I have ever spent!!

WOO HOO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

OMG!!! UPDATE ON CPR Pt18 ORDER!!!!

Just had a call from my hubby, order in the post from the judge today, I will post the exact words tomorrow but the long and short of it is this........

The judge has granted the request and made it an order,and the abbey have until 4pm on the 23 JULY to disclose the information or the DEFENCE WILL BE STRUCK OUT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Gary I am at this very moment so happy I could BURST!! Best £35 quid I have ever spent!!

FoxyFiona - Which CC are you with ? Jan 08.... Blimen ages away.. well I suppose you could try thinking of the interest you'll accumulate

Darlington County Court - although just noticed its been transaferred to Middlesbrough County Court for a 4 hours hearing. Goodness knows why

Hi can I ask why it has been allocated to small claims when its £16000? How will this affect the claim, if at all?

The abbey tried that with me but the judge went with fast track anyway and allocated 4 hours.........

Still no news either.

Becca, did you put in the CPR 18 order yet?

Tell you what CF, if I ever get my money back you will hear the screams in Devon!

sounds like Fiona;)

Who me?

AKA the woman with the wild red blood shot eyes:)

Hi Fiona just thought I would pop in and see how your claims going or not should I say, have you heard back from the court yet?

NOT being the operative word. Nothing from courts yet, should be something by the end of the week regarding the CPR 18 order. Everyone at the abbey are hiding under their rocks, the silence there is deathly!!

I know what you mean there seems to be no pattern to it, either they have the most random game plan going or they fly by the seat of their pants. Totally sick of playing this waiting game. Still waiting to hear back from the court, although they did say a week or so, so expecting nothing until end of the week at the earliest. Just found out my court date wont be til Jan 08, so expecting to be bald when get there as Im sure to have pulled all my hair out by then. I just keep taking deep breaths......

Did you put in your CPR 18 yesterday?

Guessing you havent heard anything from them yet?

Thanks Noobrider,

Heres hoping anyway. Feels like its turning into a soap opera. Hopefully the judge wont ask for a hearing, it was £35 but if he erquest hearing I have to pay the other £30.

EXAMPLE OF THE UNHELPFUL (SH)ABBEY IRRATIONAL

Just come off the phone with the Debt Mgt Section of the Abbey, conversation just confirmed to me what a ridiculous bank they are. My account is on a manage down, which means I pay £125 off my overdraft every month on the 10th. (the overdraft they gave me to cover their charges, ironic). Wanted to change date to the end of the month as hubby now gets paid monthly. She wanted another £125 at the end of this month (even tho already paid on 10th this month as usual) because there would be 7 weeks between this months and next months payment. She couldnt grasp that that would mean I have paid £250 this month! She said that was the only way she could change the payment date. Funny after I exploded on the phone and screamed like a mad woman about how unhelpful they are with every detail of banking, that she then went away to speak to a manager and suddenly it was ok. Payment date changed only one payment made this month.

AND THEY WONDER WHY EVERYONE IS TAKING THEM TO COURT!!!! :mad:

Your doing fantastically well, actually. In fact, I predict a settlement in the very near future on this one!

Ah thanks Gary, Hope you're right!!

Well then done it. N244 Form now in at the court. Paid my £35, she did say that the judge mighgt decide on a hearing but they would let me know and they would write to me for the other £30 should that happen.

Otherwise should hear something in about a week.......will keep everyone posted, fingers crossed it forces the Abbeys hand.

FFx

Well, done it, CPR 18 request now in at the court for an order. Should hear something in about a week. Will keep you posted on any developments.

FFx

Well Done - Great News!!

Thanks Gary - I knew you would put it better than me

Will be going off to the court with it tomorrow.

Thanks again FFx - out of my depth but plodding on with the help of a snorkel (and Gary)

In part C I am going to put the following:

1. This request is made to clarify Section 8 in the defendants defence in order that the case may be settled amicably.

2. I have made a preliminary request to the Defendant on the 5 June 2007 giving 2 weeks to reply and also sent a reminder letter on the 19 June 2007 allowing a further week to reply.

3. The Defendant has failed to either reply to the request or acknowledge request.

4. Therefore I am applying for the request as attached to be made into an order in accordance with CPR PD18 5 and request that the application is dealt with without a hearing.

Gary, Section 8 of the defence reads:

The claimants contention that the said fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportionate to the Defandants administrative expenses incurred due to the claimants breach of contract and are a genuine pre-estimate of the damage suffered by the Defendant.

To be honest I dont know if I have said enough or too much in Part C. Any advice / guidance would be much appricated.

FFx

Hi Gary,

Filling out the N244 and fallen at the first hurdle. In part A (3) applying for the order because......

should it be along the lines of " to establish the acutal cost of breach of contract in order to amend claim for unlawful bank charges"

or am I getting that wrong........sorry for being dim:o