Moneypenny v Abbey

[moneypenny]

Karne thanks for this. On to the N1 then. Have tried to find your settled thread but can't find it. You seem to be everywhere and very popular !!!!! Can you put me in the right direction?

[moneypenny]

I'm very confused about this, Karne. Having read your threads. By filling in the AQ, the N244 and eventually completing yet another N1, i don't see how the solicitors/court will see that I;m amending my claim exactly. As Abbey haven't acknowledged my request for bank statements dated 15 March 2006 I'm not able to give any estimate. I feel like something's missing. Just trying to really understand what I'm doing...hope you understand.

[moneypenny]

I think that there's a misunderstanding here. From the very beginning I didn't have any bank statements and as a result couldn't claim any figure. I wish I had, but this isn't the case. Sorry for the confusion.

[lisamellor]

hi there moneypenny,

hope you dont mind me budging in on your thread? but i am a bit confused as to what exactly is going on with your claim.

 

it seems very complicated and you must be nervous about it all ive not come accross this yet so your thread could help people in the future?

hope everything goes well anyway for you.

 

could you answer a few questions regarding your claim for me so i know what is happening with you,

 

 

1)what part are you up to with your claim?

2) have you got to re write the n1 ?

3) id so why have you got to re do it?

4) is this because it is an unknown amount?

5) or are you now changing from unknown to estimated?

6)is there a difference between unknown and estimated when it comes down to it?

7) have you got ANY statements at all that you can estimate from ?

8) have you sent a letter to the solicitors saying that the reason you have no info is because abbey havent sent you your statements?

9) have you gone through the courts to enforce they comply with the dpa? or is this something that you are going to do?

10) have you got onto the ombudsman or who ever it is that you complain to? (cant remember!)

 

hope you have a few mins to answer.

 

good luck lisaxx

[jonni2bad]

To clarify things.... you've not received ANY statements - you completed a non-compliance letter giving 7 days notice of court action and yet took no action, but instead started a money claim even though you have no record of the charges for which you would like a refund?

 

The Particulars of Claim were worded in such a way that you now need an amendment and it's already at the AQ stage?

 

Why didn't you take court action to force them to comply with the S-A-R?

[moneypenny]

Jonni2bad, you're absolutely correct. To be honest, I wasn't told to go that way. Can you help me pls with the particulars of claim. I'm not a legal person by any means. I need to send the N1 amended form to the court by special delivery tomorrow. Moneypenny

[moneypenny]

Thanks Karne. Have just completed the N1 form. Just a thought before I send it off. Should I not mention that I've done everything possible to obtain my bank statements or obtain a full and detailed list of my charges and that the Defendant has not complied at all with my request. Hence the fact that this is unspecified.

[jonni2bad]

Yes - you need to state that they have not complied with a valid SAR under the Data Protection Act and that, if they do now comply, you will amend your claim total accordingly and inform the court.

[lisamellor]

you said that you had to send this off today have you done so yet??

 

hope things are ok

lisaxx

[moneypenny]

Great. Thanks Jonni2bad. Will send out special delivery tomorrow.

[moneypenny]

Lisa, will aim to send off by special delivery this afternoon and it will reach the court guaranteed tomorrow.

[moneypenny]

Thanks to Karne, Jonni2bad and Lisa. Will keep you posted on outcome.

[lisamellor]

thank god you got the info in time i know how worried about it all you were

 

take care mate lisaxx

[moneypenny]

Just got a letter from the Court Office stating "Notice of Change of Solicitor".

"DLA Piper Rudnick Gray Cary UK LLP, Princess Exchange Princes Square Leeds has ceased to act for me and I shall now be acting in person. Is this never ending or what?

[moneypenny]

Finally got a letter from the court:

 

"Thank you for your application and "new claim form which has been referred to the District Judge along with the file.

 

Her comments are as follows:

 

"It is not necessary to file a further Claim Form. Please provide separate particulars of claim within 14 days and state whether these are amended or in substition.

 

Please also state if you accept that the costs of an amended defence will be paid by yourself".

 

Just for good orders sake, I have copied all my documentation and added these papers to the new claim, one copy to the court, one copy to DLA Piper solicitors and one copy for me.

 

Just want to know basically if I need to do anything as such?

[lisamellor]

Finally got a letter from the court:

 

"Thank you for your application and "new claim form which has been referred to the District Judge along with the file.

 

Her comments are as follows:

 

"It is not necessary to file a further Claim Form. Please provide separate particulars of claim within 14 days and state whether these are amended or in substition. i dont understand what this means? why is it not necessary?

 

Please also state if you accept that the costs of an amended defence will be paid by yourself". when you amend something you have to pay for it and it can not be claimed back. so why is it asking if you accept the costs of an amendment?

 

Just for good orders sake, I have copied all my documentation and added these papers to the new claim, one copy to the court, one copy to DLA Piper solicitors and one copy for me.

 

Just want to know basically if I need to do anything as such?

i hope someone comes along to help you here as i dont think i can understand this...! hope you are ok and get it sorted out:)

[lisamellor]

is anyone around to help moneypenny out???

[moneypenny]

Karnevil, I've sent a letter to the court stating that my last N1 form is the one to be and not the first one. For good orders sake, I've enclosed a copy of the correct N1 form for their reference. I have not mentioned anything about payment.

[moneypenny]

Who else is at a stand still with Shabbey and/or solicitors?

[lisamellor]

think around a few hundred or thousand!!

 

their offices must be hot at the moment!

[moneypenny]

After being dealt with an extremely fussy court for months on end, I've finally received a court hearing on February 7, 2008. Got a lot of catching up/reading to do. Any help would be appreciated.

[zootscoot]

Is this a full hearing or a hearing to lift a stay?

[moneypenny]

This is a Notice of Hearing. 20 minutes has been allowed for the Hearing.

[zootscoot]

Was your claim stayed?

[moneypenny]

Not to my knowledge or not that I've heard of from the Court. I did receive a letter from Abbey dated 7 August 2007 stating pending the outcome of the test case with the Office of Fair Trading in relation to unauthorised overdraft bank charges, Abbey will ask the County Courts to stay all claims relating to unauthorised overdraft bank charges. Abbey also assures me that they have kept a record of my legal claim.