BISH V abby ** WON ** WON **

[catherinebear]

Hi there Bish

We seem to have a lot in common we live in Norfolk! and I am disabled and had to give up a very high paid job which resulted in us losing our home and relocating here to Norfolk. We telephoned the Court today and Abbey have acknowlegded service and have been given another 14 days to file their defence which brings us up to the 31st August!! bring it on we say! as you said it is diffcult getting the Court fees together but once you have put your claim in things can hopefully only get better for you. Keep in touch and let us know how things are going.

Regards

Catherine and Dave

[bish]

Hi everyone

 

Just an update, LBA sent 13/08/06 and N1 filed in court today 30/08/06. I Feel good and knew that I would. Made a couple of minor mistakes on the N1 form which I feel I should point out here. I used the template provided on this site for filling in of particulars of claim 5© in the template says 'interest persuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

What the court wanted was 5© interest under section 69 of the County Court Act 1984 at the rate of 8% a year, from (date when the money became owed to you) to (date you are issuing the claim) of £ (put in the amount) and also interest as the same rate up to the date of judgement or earlier payment at a daily rate of (enter daily rate of interest).

This is covered in the small claims pack, but I missed it. Also where I have put

£ (put in the amount) refers to the total amount due to 8% interest, not as I put the total being claimed. Hope this is of help to everyone.

 

Regards bish.

[bish]

Oh bye the way

 

Abbey rang me yesterday to find out why I had not paid my Abbey loan this month, the only time they do contact me in person. Nice lady so did not have the heart to tell her that was going to use the money today to pay for the court fee to take Abbey to court. Sorry Abbey lady I lied, but I will pay it before they default me, I might even pay off the whole lot when I get my money back, although they are last on the list. The lady at the court was quite amused by this though when I told her, very helpful at the court and I felt good, I knew that I would, when I paid over the cash. The prospect of getting that money back as well when I win felt really good.

 

Regards bish.

[bish]

Hi everyone

 

Hope you are all progressing well with your claims, quick update, Issued claim for £8439.53 (incl £250 fee) on 30/08/06. Abbey had until today 15/09/06 to respond, but have had nothing from court. I will wait for post on monday and then take my request for judgement in person to the court. Good hunting to you all.

 

Regards bish.

[bish]

Good point Karn, how long should I give it before sending in the request for judgement.

 

Regards bish.

[bish]

Hi all

 

Received acknowledgement of service this morning, so abbey going to defend all of claim. Bring it on abbey, got a legal assistant so assume she is trainee solicitor. Will not be needing to send in request for judgement now so bit dissapointed as was hoping to send in the debt collectors. At least I can look forward to getting my money back soon I hope.

 

Regards bish.

[bish]

Hi all

 

Received GOGW payment from abbey for £1,100 27/09/06, awaiting their defence that should have been in today at the court. Sent letter today to court informing them of partial settlement, so just got to wait for the defence to arrive and the 50% offer.

 

Regards bish.

[bish]

Hi all

 

Update, this morning received defence from DLA Piper + 50% offer. same post received copy of defence from court plus Allocation Questionnaire. How poetic, What should I do, I am so confused. I was under the illusion that the post was cr*p. I am proved wrong.

No word in DLA Pipers offer of the £1,100 GOGW payment so assume they are trying it on, but they seem to be a bit slow, or am I doing them an injustice.

I will post further details of their defence when sober as not sober now but have identified some real c*ap.

 

Regards bish.

[bish]

Thanks Karn will do that, with the 50% offer letter they refer to my claim being over the 6 year time limit under the limitations act 1980. My initial letter for repayment of charges to abbey was in June, along with schedule of charges from June 2000 until June 2006. However what DLA are saying is that I issued my claim in court on 30 August 2006 so can only claim from August 2000 until August 2006. Am I right in saying they are wrong and should I point this out to them when I reject their offer.

 

Regards bish.

[srfrench]

If they fail to provide a breakdown of the costs then they are concealing information to which section 32 of the Limitations Act 1980 kicks in and makes it irrelevant.

 

In other words........ claim as far back as you want

[bish]

Thanks srfrench thank goodness for acts and regulations, shame the banks seem to ignore them. This does allow me to argue that I had delayed until August so as to give abbey the opportunity to provide the information, which is true. Although knew the outcome of any correspondence with them regarding this would result in court action.

 

Regards bish.

[bish]

Sent email to DLA Piper saying would accept 50% offer as partial settlement of my claim but not full settlement. I also pointed out that my initial request for repayment was sent in June and that under section 32 of limitations act 1980 my claim still stood at the original amount. Received email saying comments duly noted. I am now filling in my AQ which has got to be in on 20/10/06. Couple of things could do with help on,

 

1. Section F of AQ do I need to attach list of directions and how do I go about this. I can not seem to find any reference anywhere to form PF52.

 

2. Using jonni2bad template from library which says to put 1 hour for trial time, is this realistic for a fast track claim.

 

Sorry getting a bit nervy and don't want to make a mistake this far down the road. Any comments apreciated.

 

Regards bish.

[catherinebear]

Hi Bish

 

Just checked my own AQ which I had help with with regards to time I was advised to put 3 hours for the Fast Track (although when they allocated it they said 1 day) Where it says directions tick yes and say contained in Section (H) other information and have they been agreed with other parties tick no. If you want I can then send you a copy to your email of what I was advised to list 11 points which I think will certainly get you a reaction from them! Good luck Bish you can do it if I can anyone can we can all help one another.

Catherine and Dave

x:grin: :grin: :grin:

[bish]

Thanks catherinebear all help welcome and would appreciate that info, I have PM'd you regarding this.

 

Regards bish.

[bish]

Received a letter today from abbey regarding my account which is in dispute. Claim issued 30/08/06. Letter basicaly says account overdrawn/over limit by 645.50 still applying charges and interest and passing info to credit reference agency about how I run the account. I wrote to the person on 22/09/06 requesting that they stop charges and interest on this account as it was in dispute and a court claim had been issued. They are obviously ignoring this request and piling on the contractual interest at 28.7% and charges as they withdrew the overdraft facility in June. Any ideas how to deal with this would be appriciated. Thinking of emailing them a copy of original letter of 22/09/06 and amending my claim to include contractual interest of 28.7% rather than the 8% allowed under section 69 of the county court act. All comments welcome.

 

Regards bish.

[bish]

Yes got the idea about contractual interest from jannercobblers thread, whats good for the goose springs to mind. Going to email them, as letter has email address and attach a copy of my letter requesting stopping the interest and charges. Will drop in about changing my claim to contractual interest. Will look at haydn's thread first though. Thanks Karn for your input, most appreciated.

 

Regards bish.

[bish]

Read Haydn's thread, Few!, bit of a mine field there. I get the gist of it and think that he is claiming compound interest, where I am talking contractual interest. I have thought about it and decided that as abbey have decided to ignore my request to stop the charges and interest at 28.7% on my account I will concider ammending my claim as of the 30/08/06, issue date, to include contractual interest. I have not done the maths yet but should add up to a tidy sum on £8,189.53. Whats good for the goose is good for the gander. It just might shake them up a bit as think they are taking cases in house to reduce costs. Any comments much appreciated.

 

Regards bish.

[REG SINGH]

Hi Bish.

You Are Right They May Be Shortages Of Solicitors They All Be Working For Shabbey,looking At Your Forum Have You Prepared The Court Bundles Yet? Very Important Its Time Consuming ,i Have Copied From Jonni2bad/halifax Lists .iam Waiting For Defence And Aq Can U E Mail Me Yours So I Get A Bit Of Idea If U Dont Mind.

[bish]

Downloaded court bundle and going to start on it as soon as finished AQ. Got the info I wanted today regarding AQ, so going to start on court bundle shortly. I will email defence and AQ to you REG as soon as finished AQ. If you PM me your email address I will scan them and email them to you as an attachement. Hope thats ok.

 

Regards bish.

[bish]

Filing AQ tomorrow and copy off to abbey in the post. Emailed abbey regarding account and them still applying charges and interest at 28.7%, included letter already sent regarding stopping further charges and interest until claim settled Asked them to let me know ASAP if they were not prepared to stop charges and interest, so that I could amend my claim from when it went in to include a daily rate of interest of 28.7%. Not had a reply yet, must be concidering it or ignoring it. I will give it another couple of days for them to receive AQ, then email them again to push this point.

 

Regards bish.

[catherinebear]

Hi Bish

 

I know what you mean they have added charges to our account this month again but I have decided to take this up with them after the money has gone into my account hopefully. Good luck with the Aq if we can help at all just ask.

lol

Catherine and Dave

xx

[bish]

Hi all

 

Received a copy of abbey allocation questionnaire today, bit of a suprise as did not think they would send me one. They have requested small claims track even though the amount claimed is over £8000, again suprised, their reasons for this is and I quote,

 

'In the interest of costs minimisation, and the effective utilisation of the courts resources'. Shame they did not do this before.

 

They also give 4 hours as the trial time. Are they getting realistic or what. They are going to use expert evidence at the hearing, but have not obtained it yet.

 

Any thoughts anyone or shall I just sit back and wait for 100% offer.

 

Regards bish.

[Lula]

LOL Bish, you should be grateful that they are requesting small claims as this will mitigate your loss when you loose Well thats what they are going to say anyway, what they are actually saying is that they dont want to disclose and please dont make us ROFLMAO

 

Just sit back and wait for your money. As there is a difference of opinion here there will be a directions hearing (I think) and it is then, hopefully, that the judge will wiipe the floor with them and order disclosure hehehehehe after that I reckon you will receive a 100% offer within a week

[bish]

My thoughts exactly, thanks Lula. More than happy to go SCC but will still request full disclosure as I did when I filed my AQ.

 

Regards bish.

[Lula]

you could also try a letter to the judge, unless you already have done so, saying something like you have no objections to small claims or fast track but would respectfully ask that they have to give fll disclosure whatever track it is allocated to heheheheh

 

wicked grin!!