Wiffaleen V Abbey ****** WON ********

[wiffaleen]

Thanks Karne for the comments you sent me about my concerns.

 

However, I have received a letter from the court this morning saying an acknowledgement of service has now been filed & they have 28 days from the date of service of claim form to file a defence.

 

Does this mean that the case will definitely be going to court now ??

 

I'm now getting v nervous!!!!

 

 

[wiffaleen]

Hello again

 

This morning I have received letter from DLA Piper Rudnick Gray Cary enclosing copy of defence.

 

A couple of the points in the defence refer to failure to comply with CPR 16.4 & CPR 3.4??!! I have no idea what these mean , please can you explain or let me know if this is anything to worry about.

 

In my online claim particulars i only put "unfair bank charges" and detailed the breakdown of the charges claimed - was this wrong?? (Hope i haven't shot myself in the foot)

 

I guess the next thing to happen will be receipt of the questionnaire.

 

DLA's letter has said re-iterated the fact to contact solicitor or CAB. I'm getting quite worried now and wonder if this is necessary ????

 

Thanks for any help you can offer

 

Wiffaleen:?

[wiffaleen]

Blimey that was quick!!

Co

Yes they do use embarrassed paragraph

 

This is exactly what i put on claim form:

 

Unfair bank charges

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 15/9/05 to 19/7/06 of £15.96 and also interest at the same rate up to the date of judgement.

 

bank charges £246

overdrawn interest charged £18.03

8% interest to date £15.96

 

Total £279.99

 

THanks for all your help

 

x

[wiffaleen]

Ok thanks v much

 

I'll post new thread when I've got the amendment form

[wiffaleen]

Hi Karne

 

Sorry don't Know what a PM is:oops: .....maybe i'm just being a bit thick??!!

[wiffaleen]

I've rec'd amend claim form from court by email

 

Please help with filling in new form - it looks v confusing!!!

 

Cheers

x

[wiffaleen]

Good morning

 

I now have the forms from court to amend my claim details . Please help I don't know what I have to amend!!!!

 

I've also now rec'd the allocation questionnaire from the court which needs to be sent back within 7 days.

 

I feel like I'm really getting out of my depth now and would really appreciate any help or advice.

 

look forward to hearing your views

 

Thanks v much

 

Wiffaleen:confused:

[Bookworm]

3 threads merged. Please stay on one thread per claim, it will make things easier to follow as your story develops.

.

[wiffaleen]

Hi Karne

 

Sorry for not replying sooner, my internet connection has brokeb down and I've been away for a few days.

 

When I received the AQ to complete I never had a 50% offer. Does this make any differrence to the situation?

i'm wondeing about re issuing the claim. is this strictly necessary??

 

Also can I claim back the amendment fee of £35?

 

I've sent the AQ off now and a copy to DLA

 

I'm hoping to get a chance to look through copies of amendments in next couple of days.

 

THanks for any help you can provide

 

Cheers

Wiffaleen

X

[wiffaleen]

Hi Karne

 

I'm getting really confused. Am I right thinking I have to fill all the details of the claim on the N1 and on the N244 just put see form N1?? If so there doesn't seem to be room to put the passage which is shown on your sig N1 PARTICLUARS OF CLAIM. Can I sent it on a separate sheet?

 

Also when I was sent the forms by the court it says in the notes that I send the N1 to the court they seal it then I have to print off the response pack of 3 forms which i send to the defendant.

 

Please help

 

I'm getting in a right muddle and just want to get the forms sent off and everything moving again!!!!!

 

Your help is v much appreciated

 

Look forward to hearing from you

 

Wiffaleen x

[wiffaleen]

hello Karne

 

Ive spoken to the moneyclaim online help line and they've answered all my questions. SO I'm now about to send off:-

 

N1 with statement c as per your N1 sig letter

N244 with particulars of claim as per your N1 sig letter

Cheque for £35

Copy of my breakdown of charges, interest charged & 8% calculation sheets.

totals on N244 £279.99 £30 court fee TOTAL CLaim £309.99

 

Hope this is all ok

 

Guess i'll just wait and see what happens next, all seems v complicated!!

 

Let u know what happens next

 

CHeers

 

Wiffaleen

[wiffaleen]

Hi

 

today i've had all the forms sent back from the court because I didn't highlight in red the amendments. The problem is my whole form is completely different from the one which I submitted online originally, I didn't give any a/c number or anything.

 

SHall I just underline the whole form in red?? I think I'll send a copy of what I put on the original form so they can see just how different it is too.

 

and so it goes on......

[wiffaleen]

Hi Karne

 

Thanks for that I'll highlight in red and send off again today. I spoke to someone at the court and they said that when the original claim is submitted online they don't have a copy of it, so she advised me to send this too.

 

Hopefully all will be ok now, we'll wait and see.

 

Thanks for your help,as ever

 

x

[wiffaleen]

Hi (Karne)

 

Today I've received the sealed amended particulars of claim from the court, an N9b form with amended defence written on the top and a certificate of service.

 

DO I complete the certificate of service and then send the whole lot to DLA Piper? (I'm not sure if I'm supposed to enclose a response pack N9, N9a and N9b or is this if this is the original particulars of claim)?

 

I'll wait to hear from you before sending to avoid me making any further mistakes?!!

 

Look forward to receiving your reply

 

THanks v much its all very complicated and confusing for a novice!!!:?

 

cheers

wiffaleen

[wiffaleen]

i've contacted the court and they've told me to send the certificate of service to them.

 

I've sent the rest to DLA

 

Hope all ok

 

Wait to hear what happens..

[wiffaleen]

Hi

 

 

Just a couple of questions as my claim has not taken the 'normal' route.

 

Please can you tell me what will happen next as i've already completed the Aq before the claim was amended.

 

Do I receive another defence from DLa or do I just wait for a court date now?

 

Any assistance will be greatly appreciated as usual:)

 

Thanks v much

wiffaleen

[wiffaleen]

Hello

 

Can someone please help!!!??

 

If I don't receive a defence (to the amended claim) within the 14 days (or acknowledgement) does that then count as a win by default?

 

Any advice would be greatly appreciated

 

THanks

[wiffaleen]

Hi all

 

I rang the court to check the progress of the claim, they said no further actions due until end oct??:o Then the judge will make the next decision.

 

still not received anything from new solicitors...all gone v quiet

 

and so the waiting continues....

[wiffaleen]

Morning all

 

 

I rang the court this morning to check the progress of the claim as I've still heard nothing. I was told that they have been told by abbey that DLA are no longer dealing!! (I've still not been told though)! and they are defending the case themselves!! Court have received an amended defence from them and they'll send me a copy. COurt are now refering case to the judge??!!

 

I was told that I should hear something within next couple of weeks

[wiffaleen]

Hi all

 

I've today rec'd a copy of the amended defence from my local court and a letter from abbey sayin that DLA are no longer defending and that they are defending themselves!!

 

My local court have said that they have referred the case to the Judge for directions.

 

Tick follows tock.....

[wiffaleen]

Good morning

 

I've rec'd copy of defence from abbey saying I went overdrawn on the a/c on a number of separate occasions, full details which willbe given on disclosure!!!!!!!

 

What a cheek, I went overdrawn once and ALL the other times were due to their charges can't believe that they've said this:x

 

DOes anyone know if I can claim for charges on an a/c which has been closed?? They've made me so angry if it's allowed I'm going to pursue them for those too

when I wasn't originally going to bother.

 

Just waiting for a court date now I guess...everything takes so long

 

Wiffaleen

[wiffaleen]

Hi all

 

Today I've rec'd a 'General Form of Judgement or Order' from the court.

 

stating that:

 

The claim as been allocated to the small claims track & has been listed for a prelim hearing for 28th Nov time estimate 15 mins.

 

Also states that I can provide representations to the court & the defendant as long as it is more than 5 days before.

 

'If either party is prepared to abide by the decision of the judge as to the directions to be given, that party is excused from attending the prelim hearing' AM i right in thinking that I am not expected to attend??

 

Any comments/thoughts will be greatly appreciated as ever

[wiffaleen]

Hi Karne

 

This is the rest of what the letter says and i quote:

 

'At this hearing the court will consider either:

 

a. to stay the claim pending the decision in a test case involving the defenedant

 

b. to give directions for this claim to be heard as a test case, and it necessary to reallocate the claim to the multi track for that purpose

 

Not less than 14 days before the prelim hearing , the defendant shall file with the court and serve upon the claimant details of any cases proceeding as a test case, the decision in which will determine the issues in this claim. Alternatively the defendant shall file with the court and serve upon the claimant draft directions for this case to proceed as a test case.'

 

Presumably the court has all the previous correspondence from the case, so I am going to send a letter showing how my a/c became overdrawn an how incompetent abbey were about informing me. Then I also need to ask for a disclosure of thier calculations ( which I've previously requested on AQ). IS that all i need to do? Is there a standard letter for asking about the disclosure of calculations?

 

Just want to make sure I've done everything that I should have

 

Many thanks for your advice

[wiffaleen]

Hi Karne

 

Thanks for your quick reply.

 

I've looked in the bank templates and I can only see a letter regarding removal of a stay ...not 1 saying that I don't want the claim stayed (maybe I'm not looking in the right place)??

[wiffaleen]

Hi Karne

 

Thanks for your advice its all way over my head now

 

This is the letter I've come uo with to Abbey

 

FAO C Cody

Abbey

Abbey National House

2 Triton Square

Regents Park

London

NW1 3AN

 

My name & address

 

17th November 2006

 

Dear Ms Cody

 

Me v ABBey National Plc Claim NO xxxxxxxxx

 

Further to correspondence received from the Court dated 15/11/06 please can you confirm you are in agreement to stay the claim pending a test case.

 

I look forward to hearing from you as a matter of urgency.

 

Yours sincerely

 

 

 

 

I'm not sure of the wording or legal jargon as usual comments would be appreciated

 

Many thanks