Glenn Vs Abbey

[Lula]

I just produced a yearly figure and calculated the interest from 1st June, and then my statements came, You are ok to go with the estimated, but dont forget to put in the letter that this is the estimate, subject to reciept of your statements and that you reserve the right to amend the claim.

 

Hope this helps

 

[Lula]

Its forty days from when they receive your first letter, if you sent it recorded then the website should tell you when it was delivered , if the 40 days is up on a sunday then just send the next letter on the Monday

[Lula]

I am watching this closely Glenn, because I have charges 93 - 00 which I have held off from claiming and will if you manage to win your undoubted argument with DLA/shAbbey regarding the limitations issue.

 

Very interesting indeed

[Lula]

Oh yes, we like that, good call!!!!!whats the phrase I am thinking of??? of yes kakking their pants LOL

[Lula]

LOL nice one Glenn

[Lula]

Just highlight it all and click on the right hand justify button on your menu bar

[Lula]

• May it please the court, I request that the Defendants claim in respect of the above case is struck out on the basis that the Defendant has no basis for its defence.

• I am aware that the Defendant has recently experienced a large number of claims for the return of charges unlawfully levied on customers accounts

• The defendant has repeatedly acknowledged claims, entered the same defence they entered in this claim, filed allocation questionnaires, attended case management and allocation hearings. (A sample list of 28 cases is attached for your information, See copy marked 1).

• However, the defendant has failed to attend court to defend a single claim to my knowledge and has repeatedly settled claims on the ‘steps’ of the court.

• Further the Defendant has been asked by way of a formal request pursuant to CPR 18 for clarification of any evidence it has to support its defence and it has failed to either acknowledge the request or supply any data (See copy attached, marked 2).

• The Defendant has at its disposal the absolute defence required to defend this claim in its entirety and yet at no time has it ever offered to prove what its costs are in respect of breaches of contract which it claims allows it to levy charges of the magnitude it has done in the claimant and other customers cases.

• In the event that the Court is minded to allow the defence then it is requested that the Defendant is put to standard disclosure pursuant to CPR 28.3(1)a.

• May I respectfully request that the court orders disclosure of:

·

• the defendants costs in relation to the administration of breaches of contract on the part of the claimant; &
  
• the defendant provides evidence of its pre-estimates prepared during the period the claimant held its account with the defendant; &
  
• the defendant provides all minutes, letters, emails, faxes, records containing references to meetings, discussions or other investigations into the investigation by the Office of Fair Trade into credit card charges; &
  
• the defendant provides all minutes, letters, emails, faxes, records containing references to meetings, discussions or other investigations relating to the introduction of the Unfair Terms in Consumer Contracts Regulations 1999.

• The Claimant first requested the return of unlawfully taken charges on the 4th August 2006 and wrote again on the 24th and 26th August 2006. Since the Defendant received these letters they have failed to enter into sincere negotiations or dialogue to settle the claim. I can see no merit in any further delays to attempt a settlement. I would respectfully suggest to the court that the Defendant has attempted to prevent claims being brought against it by every means possible including applications for stays. I believe that in the event that the Court sets a stay in place that this would materially benefit the Defendant at the detriment of the Claimant and justice. I therefore respectfully request this court that the claim is allowed to proceed as quickly as possible to its natural conclusion.

Like this

[Lula]

Pmsl

[Lula]

Oh.... go on she needs the status lo l:D

 

cheeky so and so

[Lula]

I dunno, you try and help a chap out and all you get is abuse

[Lula]

Frenchy, there is a link to the report in the stickys at the top

[Lula]

oh you wont be thanking me when you start reading it, I tried at about 1am, NOT recommended

[Lula]

Come on Frenchy, you know that you just charmed them with your views on women, which you really must come and start a thread on in the Bear Garden one of these days

[Lula]

I am just wondering what the "world" will throw at you for airing them

[Lula]

Liking it Glenn liking it, I would love to be a fly on the wall when they read this, cant yu feel that money coming to you

[Lula]

hmmm Bish, I dont understand, there has been no test cases, unless the Judge wants them to admit that they have never let the matter progress to a court case, thats an interesting one

[Lula]

Hi Glenn, you pedantic sod, this is superb I at first thought that you would get into trouble for disclosing WP letters, but a little homework (stuff that you already had done) has put me right on this and if anyone want to read the rules on Privelige, Without Prejudice and Without prejudice save as to costs they can read it here Privileged, Without Prejudice, and Without Prejudice Save As to Costs documents. - Alway Associates

[Lula]

Hey Lula, that's an excellent piece of info. I have filed it away under 'interesting'. I have a second claim with Abbey and have received exactly the same letters at each stage as the first claim. I have told them I will be bringing this clear abuse of legal process to the attention of the courts. They had marked the letters 'without prejudice' but now I can see that I can present these letters as they are not a genuine attempt at settlement in my opinion.

I have clicked your scales although looking at your reputation I don't think you need it. You must be a bit of a brainbox!

 

Blushing here Jones, actually, google is a wonderful thing, if in doubt, google it out LOL

[Lula]

Excellent news, spoke to the court today, told them i had found a 'significant typographical error' in my submission and could i submit a correction, id serve a copy of the defendant too.

 

Response of 'course no problem' you have plenty of time please just make sure you confirm that you have served a copy on the defendant.

 

PHEW !!!

 

Glenn

 

You could charm the birds from the trees Glenn

 

Saying that most of the court employees that I have heard about in various courts from various people are absolutely superb and very helpful indeed. Its an excellent way to run things

[Lula]

does n e 1 have contact details for james arrondale, as he is the legal officer i am dealing with?

 

The delightful sounding Mr Arrandale can be reached at [email protected] or via the telephonic system on 02077564306