Chardonnay V Abbey +*+* SETTLED IN FULL +*+*

[Chardonnay123]

Spoken to the Court.

 

Lady I spoke to advised I write to teh judge and explain i have no legal representation and no legal background so am unable to complete draft directions and request he sets these.

 

I am writing my case summary now - I may need some help on wording, I don't suppose there has been one on here before I can look at? Not found one myself yet - spending ages looking, so if anyone can shed any light would be grateful.

[Chardonnay123]

Thanks Karnevil.

 

I know I'm a pain, not sure which witness statement to use. Been to DCA website and there are various - all of them seem to be a title page?????

[Chardonnay123]

Thanks, thats what I can find as well.

 

What do I say on it tho?

[Chardonnay123]

Ignore me Karnevil - some gremlins in the computer.

 

I only got the first few lines before.

 

Thats a great help.

 

I'll do this and compose letter to judge re draft directions. If I do it sooner rather than later there can be no comeback that I haven't complied.

 

Do you think I should copy DLA in on my letter to the judge or will it show lack of confidence?

[Chardonnay123]

And replies to without prejudices?

 

Where are you reading this?

[Chardonnay123]

thanx for all your help!

[Chardonnay123]

thanx.

[Chardonnay123]

Karenevil, if you are free, what do you think of this letter to be sent to the judge?

 

Any other opinions gratefully received. Thanx.

 

 

Dear Sir

 

Further to your instructions, please find enclosed my Case Summary regarding the above claim.

 

With regard to the Draft Directions, unfortunately, I am unable to complete this. As discussed with the Court, I have no legal background or legal representation on this case and would request directions be set by yourself. I trust this is acceptable to you.

 

I trust the above and enclosed is satisfactory. However, should you have any queries, require any further information or have any further directions please contact me.

[patto2]

Hi, I wonder if you can help me, I have received a General Form of Judgement or Order, which states:- Upon the courts own motion. the Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

1. List for directions on 27th October 2006 at 10.35am, estimated length of hearing 20 minutes.

 

Can someone tell me what I need to do, do I have to go to Court, do I have to send the basic bundle pack for CAG or dos the letter to the court asking for the judge to set the directions relate to this.

[Chardonnay123]

Thanx Karnevil.

 

Yes I've changed the claim form and will post a copy. Just need to read it thro carefully a few times. I'll also amend my letter - yours sounds better!

 

I do have one query, if you could help,:-

 

Re interest. When I submitted my amended claim I put the revised amount of interest (ie, up to that date worked out by spreadsheet) and also didn't include the sentence about the interest per day to date of settlement. My thinking was they would soon settle - how wrong could I be! Should have known. Anyway, my interest in the amended claim was £657.16 and I didn't mention claiming interest daily. Therefore should I use the same figure or re-calculate to the present day? That would mean on all 3 of my dealings with court (MCOL claim, amended claim, claim summary) the amount of interest is different.

 

Hope the question makes sense!!! Its late!

[Chardonnay123]

Getting there.........

 

Case summary

 

 

******

The Claimant has an account with the Defendant, Account No. xxxxxxxxxxx.

During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the Contract between itself and the Claimant.

A list of charges applied is attached to this Case Summary.

The Claimant contends that:-

a. The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant and are not intended to represent or related to any alleged actual loss but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b. The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the Common Law.

Accordingly the Claimant claims:

i. The return of the amounts debited in respect of charges in the sum of £xxxxxxxxx which includes overdraft interest charged;

ii. Court costs (court fee of £120.00, Allocation Questionnaire fee of £100.00).

iii. Interest of £xxxxxxxx (as at 26.06.06) under Section 69 of the County Courts Act as set out on the attached list of charges.

 

Statement of Truth

[Chardonnay123]

Many thanks but you've scared me now!

 

Just joking, thank you so much - got to pick my daughter up from nursery school now so I'll digest it in a bit.

[Chardonnay123]

Hiya, any views on the case summary?

[Chardonnay123]

CASE SUMMARY

1. I am the Claimant in this case.

 

2. On 23 March 2006 I wrote to the Defendant requesting a refund of charges.

 

3. On 08 April 2006 I wrote again to the Defendant requesting a refund of charges and advising I would file a claim should I not receive a satisfactory response.

 

4. On 27 April 2006 I wrote again to the Defendant advising I would be filing a claim should I not receive a satisfactory response.

 

5. On 08 May 2006 I filed with Northampton County Court a claim against the Defendant for the return of excessive penalty charges as outlined in my Particulars of Claim.

 

6. On 26 July 2006 I submitted amended claim to Northampton County Court as requested in General Form of Judgement or Order dated 18 July 2006.

 

7: Amended claim sealed by Court and returned to myself and served on the Defendant on 04 August 2006.

 

8. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the Contract between itself and the Claimant.

 

9. A list of charges applied is attached to this Case Summary.

 

10. The Claimant contends that:-

 

a. The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant and are not intended to represent or related to any alleged actual loss but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b. The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999, Paragraph 8, Schedule 2(1)(e); The Unfair (Contracts) Terms Act 1977 Section 4; and the Common Law. (****hope this is what you meant?)

11. Accordingly the Claimant claims:

i. The return of the amounts debited in respect of charges in the sum of £xxxxxxxxx which includes overdraft interest charged;

 

ii. Court costs (court fee of £120.00, Allocation Questionnaire fee of £100.00).

 

iii. Interest of £xxxxxxxx (as at 26.06.06) under Section 69 of the County Courts Act as set out on the attached list of charges.

 

12. I would respectfully ask that the Court, in this case, notwithstanding allocation to the small claims track, order standard disclosure.

a. The Defendant to file at the Court office and serve me with a list setting out how charges have been calculated.

b. I understand that it is in the Courts discretion to do so.

 

Statement of Truth

[Chardonnay123]

Also my letter, if you wouldn't mind.........

 

I've changed yours (Karnevil) a bit as I couldn't get the 2nd para to read right to me.

 

 

 

Further to your instructions regarding my Claim No. xxxx, please find enclosed my Case Summary as directed.

 

With regard to your request for Draft Directions I would respectfully ask that the directions be set by the Court as I, a litigant in person, have no legal background or legal representation.

 

I trust the above and enclosed is satisfactory. However, should you have any queries, require any further information or have any further directions please contact me.

[Chardonnay123]

Karnevil - sent you a pm. Please read b4 you do anything else for me.

 

Will post full details later but they have settled!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[zootscoot]

Fabulous news Chardonnay!

 

You & Karne have obviously scared them off! Great stuff. They've certainly made you work for your money.

 

Congratulations and enjoy your pay out.

 

Zoot

 

Don't forget to fill in the survey!

[cwoj]

well done, can i ask tho, did they settle for the full amount?

[Chardonnay123]

Hiya

 

Sorry been so busy last few days - daughter's bday - lots to organise.

 

I've managed to scrape myself off teh ceiling now so here is the full story....

 

 

I received a letter on 18th Oct from DLA enclosing a cheque in full and final settlement. Obviously no legal responsibility taken by Abbey. I have to inform courts and also copy DLA in on the correspondence for their records.

 

This letter was totally out of the blue and a very welcome suprise. I hadn't had contact with DLA for months (since AQ time).

 

Yes cwoj - it was for the full amount, plus interest up to date of settlement plus court costs.

 

I am still waiting for the cheque to clear but as soon as it does I will be completing the questionnaire and donating.

 

Thank you to everyone who has helped me along the way especially KARNEVIL who has been absolutely fantastic. I don't know how you spare the time Karnevil!!

 

If you could spare one more minute to change my thread title - as you suggested - that would be great.

 

Thank you once again.

 

C