getting worried now!!!! +*+* WON +*+*

[paul282]

Hi All

 

Well after thinking and waiting and spreading the word I decided to take action! I got the statements, sent the first letter recoded delivery, got the fob off "in our own time we'll look into it". Sent second letter, deadline passes on Monday, no sign of a response yet! Should I ring the customer complaint line and check they got the last letter or just go for the jugular and file the court papers?

 

I told one of the girls of work, first letter she writes, all the money back!!! Good for her but looks like I'm going to the wire! eeekkkkk brown trouser time I think.

[Michael Browne]

I don't think their second letter will be any better than the first, and I think you know that too.

So, moneyclaim it is!!

[paul282]

He he, yes I think your right, just lookin for moral support. I admit to being intimidated by the banks. Given me so much grief over the years. Payback time

[paul282]

Well just got a letter from DLA PIper Rudnick Grey Cary

 

In response to my starting of legal action. They claim not to have any details of the amounts I'm claiming and interest (funny it's all on the money claim form!) Do I just send a printout of my charges as previously supplied to Abbey or do I need to send copies of the relevant bank statements as well?

 

What with the weather and all, I'm starting to sweat!

[Michael Browne]

Are they asking for this under CPR part 18? If they are, you don't have to supply anything, since part 18 doesn't apply to small claims, which they know only too well and can only be ordered by the court, not the defendant.

 

Write back mentioning this and that you find their letter intimidatory and wiil bring this to the courts attention, but as a gesture of goodwill you enclose a copy of the printout of charges.

[paul282]

Thanks Michael, they make no mention of CPR part 18, just request the info.

[paul282]

Yip, thats the tone I adopted, just still feels weird taking on the big boys!!!! nice to know there's a bunch of nice people out there to come to the rescue and give moral support cheers.

[Michael Browne]

So just send a copy of the printout and suggest if they require any more information about your account they should ask their client.

[paul282]

Well I'm getting there! Just had lette from DLA Piper, giving notice of their defence and offering 50% to settle early.

Obviously they must be psychic or eco friendly, as the copy letter I am supposed to sign and return to accept the offer is not enclosed. Or maybe they are just going through the motions knowing they dont have a proverbial leg to stand on.

I presume the defence they have set out, basically denying everything is pretty standard?

I'm just going to email a polite "no ta, see you in court" along with a written reply just to make sure.

Think I should invest in some brown trousers now!

Have a good day folks.

[paul282]

Thanks Karnevil, I just have the feeling they will try and make an example of me for the fun of it!

 

Hey ho the battle goes on.

 

Thought for the day:

 

“Worrying is like a rocking chair, it gives you something to do, but it doesn't get you anywhere”

[andtroy]

Hi Paul

 

I'm more or less at the same stage as you ( see thread ), declining the 50% offer.

 

Anyway stick with it as reading through the threads it's all pretty standered stuff.

 

I also had a look at the web adveretisement at the top of the screen thats green with the man some useful tips and advice there as well.

 

Good luck and hang in there just think of the holiday or whatever when you get your cheque :D

 

Cheers

 

Andtroy

[paul282]

Hi Andtroy

 

Good luck with your claim too, keep in touch nice to know how things progress.

 

Cheers

 

Paul

[paul282]

Well just come back from me hols to find the defence from DLA and the allocation questionaire from the court.

Nice little task tomorrow night filling out the form and sending of me fee.

 

The defence from DLA sounds .......authoratative! Makes what appears from reports here, to be the usual "it's your account and you agreed to it mate" statement.

 

So the war of nerves continues eeeekkkk!

[Glenn UK]

The consolation of course is that through those who have been before you you pretty much know what to expect. Im notlooking forwarfd to those moments when i opne that kind of letter before realsisng that its all standard stuff.

 

Glenn

[bish]

I'm looking forward to getting my standard stuff from DLA Piper, as that means getting closer to getting my money back. Its getting non standard stuff that I am worrying about. Good luck with your claim and keep us posted.

[paul282]

Well a long silence as I have been away on business, court date now set for 30th October. Should I start to prepare something?

[Mrs Charlton]

Paul have you had a letter asking you to get documentation together and deliver it to the court and defendants by 14 days prior to hearing?

Jonni2bads bundle is as kick-ass as they come (check Karnevils thread about page 12 I think it is), but also in the bank templates library there is now (bless the Mods ) a court bundle template which gives you a rough outline of the sort of things you'll need to include. Good luck.

[paul282]

No letter requesting it yet.

Thanks for the info, although the zip file wont download !!!!! I'll keep trying.

Happy thoughts

[paul282]

Been away for a while and lost the plot a bit. So far as of tonight 15/10/06 I have not had any further correspondence from the court, tomorrow is 14 days before the hearing and I see I should have had a request to provide the court bundle! Am i sunk or should I get on the phone to the court?

A little guidance please.

[srfrench]

Paul..... your letter from the Court advising you of the Court date....... what was its contents..

 

 

Can you please type it up here so we can see and comment on it.

 

If you fail to send in your bundle your case will be struck out!!

 

It's important you find that letter. Thanks.

[paul282]

The only letter from the court is the Notice of Hearing

 

giving notice of court date 30th October at 2:00 p.m

 

Please Note: This case may be released to another Judge, possibly at a different court.

 

Followed by a paragraph explaining reasons for possible transfer.

 

Nothing more

[srfrench]

Nothing like......

 

DISTRICT JUDGE XXXXXXXXXX has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

The hearing of the claim will take place at 11:00 on the 20th December 2006 at Harrogate County Court, 2 Victoria Avenue, Harrogate, N. Yorks HG1 1EL and should take no longer than 1 hour and 30 minutes.

 

THE COURT MUST BE INFORMED IMMEDIATELY IF THE CASE IS SETTLED BY AGREEMENT BEFORE THE HEARING DATE.

 

Each party shall deliver to every other party and to the Court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing.

 

The original documents shall be brought to the hearing.

 

 

??

 

If it is..... you may have problems!

[paul282]

Nothing like that at all:

 

Take Notice that the Hearing will take place on

 

30 October 2006 at 2:00 p.m

 

at Milton Keynes County Court, 351 Sibury Boulevard, Witan Gate East, Central Milton Keynes , MK9 2DT

 

when you should attend.

 

Please Note: This case may be released to another Judge, possibly at a different Court.

 

 

Then reason for possible transfer

Phone call to the court I think to clarify?

[srfrench]

Yes... I think that would be prudent.

 

This sounds like a minor hearing, either to decide which track to allocate the hearing to or the merits of the case.

 

Either way, it would be good practice to get your notes togetherwith regards the evidence and reason why you are taking Abbey to Court. Mention (if need be)m their failure to provide the evidence requested (their charges and how they work them out!) etc etc.

 

Let us alll know what the Court says when you phone them and with the sites assistance we can assist you prior to the hearing.

 

Keep going......

[srfrench]

Sorry Sharon...... didn't see your post

 

Same advice though lol