Glenn Vs Abbey

[TANZARELLI]

Thanks Glenn will back track here any probs will let you know.

 

Tanz

[kippy2]

 

Any ideas where I can lay my hands on a LBA for pre 6years and CI claim?

 

 

 

Ditto need that aswell. will go hunting

[TANZARELLI]

I have adapted bongs and a bit from your Glenn, please take a look in my barclays thread, see if I have missed anything major prior to it going off.

 

Tanz

[Glenn UK]

Guess what guys?

 

Default removed!!!

 

I have asked Abbey to confirm its all CRAs but hopefully this is this part of the claim settled.

 

Only my costs to get back now and the letter has been faxed over with my schedule of costs

 

Oh joy!!

 

Glenn

[TUTTSI]

Guess what guys?

 

Default removed!!!

 

I have asked Abbey to confrim its all CRAs but hopefully this is this part of the claim settled.

 

Only my costs to get back now and the letter has been faxed over with my schedule of costs

 

Oh joy!!

 

glenn[/quote

 

CONGRATULATIONS - a job well done.

[joneshousehold]

Fantastic news Glenn - time to feel smug. You took on the might of a bank and their barrister and still got them to back down. What nonsense all that was in court.

 

Excellent reward for all your hard work

[mcuth]

Guess what guys?

 

Default removed!!!

 

I have asked Abbey to confirm its all CRAs but hopefully this is this part of the claim settled.

 

Only my costs to get back now and the letter has been faxed over with my schedule of costs

 

Oh joy!!

 

Glenn

 

Wooo-hooo, nice one mate - congratulations & deservedly so

 

Cheers

 

Michael

[Armsoft]

You could be right Armsoft,

 

 

Glenn

 

I just love it when that happens:D

 

Well done Glenn, welcome to the CAG Default Removers Club, membership numbers are growing Every Day:p

[Glenn UK]

Well i havent withdrawn the claim yet, theres the matter of court costs with the AQ fee and claim fee Ive submitted a claim for a little over £800

 

C'mon then how long before i get it finally closed out now? Any bets!!

 

I would like to be in the Ashurst office in the orining when they get my schedule of costs.

 

Glenn

[Armsoft]

Well i havent withdrawn the claim yet, theres the matter of court costs with the AQ fee and claim fee Ive submitted a claim for a little over £800

 

C'mon then how long before i get it finally closed out now? Any bets!!

 

I would like to be in the Ashurst office in the orining when they get my schedule of costs.

 

Glenn

 

My money is still on 10 days, so only 9 to go now:D

[Glenn UK]

lol well you could be right but igave them 14 to pay and im sure if they have a choice they will wait the 14.

 

Im glad im not a betting man you would have had a tenner off me over the default, probably another over court costs too

 

Glenn

[photoman]

Just wanted to add my:

 

CONGRATULATIONS !!

 

Just goes to show that the damage done to us by the Banks goes deeper than just charges, and we have a right to rectify that too !!

[elsinore]

CONGRATULATIONS!!

 

Well done Glenn. An important and noteworthy victory!

 

Els

[elizabeth1]

Well Done Glenn !!!!

[TANZARELLI]

Nice one Glenn, another victory to the list.

[sarahpp]

Just wanted to add my congratulations Glenn- hard work and a strong will do get rewarded after all!

[bp]

congratulations!!!!

its only taken 6/7 months and the battle is still not over yet!

Well done you

[Glenn UK]

8 months and not quite finished!!!

 

Not that im counting you understand

[bp]

£800 costs? if they pay or should i say WHEN they pay this up please let us know what you claimed for i'd like to give it a try for my 2nd claim to Abbey!

[Glenn UK]

BP

 

the costs consitst of claim fee £250, AQ fee £100 plus the time involved sneding and receving the letters set out in my disclosure list in an earlier post.

 

There is also some time for preperation of the list, AQ, N1 etc, all in all it sounds like a lot of moeny but in reality if i did this form y work i would be loosing moeny big time.

 

And dont forget my claim was listed for the fast track too.

 

HTH

 

glenn

[bp]

Well it was worth dreaming for a while theres no way my costs woudl amount to that as i'm exemp from paying fees but you have put so much effort into this claim its really great to see them finally pay up!

[Glenn UK]

BP

 

you can always ask the court based on the defendants unreasonable behaviour i hear one or two others have been awarded costs in the SCC.

 

The maxim is that if it gets to court prepare a schedule and take it with you and then if the opportuity occurs you have it ready.

 

If the claim doesnt get to court then its up to you to argue or not whether you are entitled to it.

 

i argued with barclaycard that since the claim was settledbefore allocation i was entitled to claim costs, they paid.

 

HTh

 

glenn

[bp]

Nice one glen i've been trying to cover myself with that so i sent Inga an email last night asking her to confirm if she wants to settle before the hearing date, i told her i'm going to send in bundle by the end of next week and having to purchase stationary and so while on benefit would make things difficult. i also told her that if i send in court bundle then i would ask for recovery of costs so she can't at later date argue that costs should not be awarded!

[TUTTSI]

Hi Glenn

Your schedule of costs is there a set rule for fees that one can claim. I think I read somewhere on this site that £9.25 per hour is acceptable amount, but how many hours!!! as it took many hours of research and work on the bundle to get it in order, also photocopying, postage, telephone, and stationery. Is there anything else that I have missed!! as GM card are really taking it to the line and I do not believe they will supply the court with their bundle as directed by the judge, the time is ticking and they are sticking to their guns.

Good luck with your ongoing saga with Abbey, but I would guess you are almost there just the costs. Have they agreed to pay you costs!

Regards

DS

[Glenn UK]

well Abbey responded, they didnt like me asking for 6.75 for several letters and they also said that i was being excessive for asking for 2 hours for completing my AQ, and a few other things. Offered me a total of 430 in total which after you take of court fees comes to £70 in total!!

 

Heres my response

 

Dear Sir/Madam

 

Between Glenn Lewis Horton, Claimant and Abbey National PLC, Defendant

In The Southend County Court

Claim No 6SS 03187

 

I thank you for your letter dated 8th March 2007 and note the contents therein.

 

It would be nice to say that I was surprised by your letter, but sadly this is not the case. You present your letter as if you had a defence to this and hundreds of other similar claims. You do not, and you have failed repeatedly to allow cases to proceed to Court to prove you case.

 

The reduction of the claim quantum as you put is had nothing to do with anything presented by Abbey, but was due to an exchange of information between the Claimant and the District Judge, despite, not because of, the presence of your Counsel.

 

You are obviously under the misapprehension that the schedule of costs submitted for payment to you was an invitation to enter into further negotiations.

 

Before you consider your next move I would make the following points regarding the way this claim has been conducted by Abbey national PLC and their legal representatives.

 

You failed to comply with your obligations under the Data protection Act until directed to do so by the Information Commissioners Office.

 

You failed to enter into serious negotiations to attempt a settlement prior to court action begin undertaken by myself.

 

You entered a defence which was on the verge of being struck out since it was a simple denial, contained significant errors and showed no good reason for defending the claim. The Claimants application to strike the defence out was withdrawn at the Defendants request on the basis that the Defendant amended their defence to one which was complaint with the relevant CPR.

 

The Amended defence showed no good reason for defending the Claim and contained factual inaccuracies which would have exposed the Defendants defence to be struck out.

 

The Defendant failed to comply with CPR 42.2

 

The Defendant failed to submit their Allocation Questionnaire by the due date requiring the court to issue an order instructing them to so file.

 

The Defendant failed to respond to a CPR 18 request.

 

The Defendant failed to respond to a offer to settle after the claim was issued.

 

The Defendant forced the listing of the Claim for the removal of the default, clearly with no prospect, or intention, of defending their position.

 

The Defendant has attempted to intimidate the Claimant several times with threats of costs.

 

In short the Defendant has at every opportunity delayed the proceedings and attempted to prevent the Claimant asserting their right to reclaim money unlawfully taken from his account.

 

You are correct in only one assertion in your letter, the schedule of costs does not represent the true cost to the claimant of brining this action, it is a significant under estimate of the time and effort taken to bringing this successful claim against you.

 

As a litigant in person you will no doubt appreciate that I have to undertake significant amounts of research on a whole range of different subjects. If I had claimed for the whole of my time the costs would have been significantly higher.

 

It is also worth pointing out that due to the Defendants behaviour in this claim that both its own and the Claimants costs have risen to the levels they have. If you continue to behave in this fashion both our costs will rise further.

 

In writing this letter today, I have decided not to add the cost of this letter and that of dealing with your letter to my schedule. This is the last time I will show you this courtesy, something you have failed to show to me.

 

There is only one consideration I can give to you in respect of the schedule of costs submitted. If you can show that the items claimed or the amounts claimed per item or hour, are outside of the scope of the CPR then I will review the schedule.

 

However, its my understanding that the CPR allows reasonable costs to be recovered and this schedule would appear reasonable to me. If I have to appear before the Court and let them determine the costs I should be awarded I will do so and present all my notes, letters and documents and let them decide how reasonable this schedule is.

 

I loo forward to an early settlement of the costs whereupon I will write to the Court informing them the Claim is settled in its entirety

 

What do you think?

 

Glenn