Teebum V Abbey **** WON !!!! ****

[teebum]

Am I right in assuming that the interest in the 8% spreadsheet should go up automatically with the date. Mine is not.

[teebum]

Have today received a letter from SHabbey, they are now sorting out the microfiche statements for me. Can this hold up the court action, the Judge is at the stage of allocating track

[teebum]

Can anyone help with my last two questions please?

[bish]

Hi Teebum,

 

Yes the 8% interest should go up on a daily basis on your spreadsheet, However remember that it is only a small amount. On my claim for over £8K it is only £1.55 Per day. So check the amount before deciding that the spreadsheet you is using is crap. If the defendant has not given you the information required to issue your claim ten they are at fault not you. You requested such information under the data protection act, so there fore you should be entitled to it.

regards bish

[philread1]

Have today received a letter from SHabbey, they are now sorting out the microfiche statements for me. Can this hold up the court action, the Judge is at the stage of allocating track

 

Hello teebum

 

It should'nt necessarily hold it up. I think that there are 2 ways to go about it:-

 

1. You can write to the Judge & the shABBEY asking for their consent for you to change the amount, explaining your reasons, and see if they are OK for you to do it.

 

If that fails, then:-

 

2. You will have to put an amended claim (N244 form) into the Judge as your amount you are claiming will obviously be different, but at least you will have the evidence to prove what you are claiming. This will cost you £35 which is not re-claimable.

 

Your best bet will be to phone the court and ask them what you should do, explaining to them all that has happened, and the difficulties you've had in getting your info from the bank because of their incompetence!!!!!

 

But then again, even though they have told you they are sorting out your microfiche for you, you can carry on regardless unless they supply you with the microfiche in the mean time!!!!!!!!!

 

Keep at 'em

Phil:)

[teebum]

Found this on the forum (Tina and Gaz) is it worth sending to court?

 

With reference to the above claim, I have received the defence from the defendant and feel this is not complete in that the calculations required to prove the costs of the purported breach of contract are not included within the defence.

 

In your indulgence, I would respectfully ask, sir, that you order disclosure of the calculations which justify the charges in question, that the Defendant may intend to use to defend the claim.

 

I understand that it is within your discretion to do so.

 

I believe such an order would bring a rapid end to this litigation.

[teebum]

The last point in Abbeys devence states

 

" No admissions are made as to the amount claimed by the claimant and the claimant is put to strict proof of the same"

 

What does this mean?

[teebum]

Dear Karn

As we speak the postman has dropped a letter from the court through my door. Here are some points I am unsure of in the letter, it has been allocated fast track.

 

"The trial of this claim will take place during the period commencing 09 April 2007 and ending on 27 April 2007 at a venue to be notified"

 

"Both parties to give standard disclosure of documents by 4pm Thursday 21st December 2006"

 

"Both parties shall by 4pm on 18th January, serve on each other the witness statments of themselves and of all witnesses (other than expert witnesses) on whome they intend to rely"

 

"Complete pre trial check lists shall be sent to the court by 4pm on Tuesday 20th February"

 

"The claim shall be listed for trial during the trial window from Monday 9th April 2007 to Friday 27th April 2007 inclusive with a time estimate of one day"

 

"Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varies or stayed. A party wishing to make an application must send or deliver the application to the court, to arrive within 7 days of service of this order"

 

"No party has permission to rely on expert evidence. For the avoidance of doubt, the courts preliminary view is that evidence of the costs incurred by the defendant and sought to be recouped by way of charges is factual and not expert evidence, while evidence comapring the defendants charging regime with others within the banking industry is irrelevant"

 

I was worried before now I am absolutely bricking myself.

[teebum]

I must be really thick, am reading as much as I can about pack for court but am still lost and confused. I will never cope with court.

[philread1]

Don't worry, Teebum, it won't go to court;) , just make sure your bundle looks as good as possible, so it makes the shABBEY offer you a settlement more quickly!!!!!!!

 

Phil:)

[teebum]

Its the bundle that is confusing me, have no idea what to put in it. Have read and read about it but stiil confused

[philread1]

Hello Teebum

 

Take a look at Chilli's thread below to see if you can find some inspiration from them!!!! They are also preparing their court bundle at the moment.

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/28287-chilli50-abbey-9.html

 

Phil:)

[teebum]

Thanks, I really hope it will help me.

[philread1]

or Sarah's thread below?

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/22094-sarah-abbey-5.html

 

Don't be afraid to ask any questions you may have on their threads also, or send them a Private Message(PM). I wish I could be of more help, but I'm a little behind you, waiting for a court date, so I have'nt even looked at the Court Bundle templates yet!!!!

 

Phil:)

[teebum]

Karn

Is your letter above appropriate now?

[teebum]

i need to get this done, having nightmare

[teebum]

Thanks will have a go at it.

[teebum]

Karn

In the bundle it says send the latest scedule of charges, is this with interest showing?

[teebum]

And the corrspondence is that for me to them or from them to me

[teebum]

why is THE LAST PARAGRAPH of the juges order is FANTASTIC ?

[teebum]

good stuff, was up till 2am printing docs. Just need to photo copy statements and correspondence from them. Thanks again. Did you think it is worth sending your letter to the judge?

[teebum]

ok, will get the rest done and delivered, am I correct in saying that I have to deliver one bundle to court and post one to Abbey?

[teebum]

Diary of what? sorry

[teebum]

Is the bundle only required for fast track? I have a friend who has been allocated small claims.

[Lula]

Yer know what really relly hacks me off, is that shabbey. reading the judges last para, should have thrown in the towel there and then, instead they are going to make tee do three bundles, settle out of court and then quibble about expenses. but well done Tee, can you smell the money yet?