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    • I've also seen it mentioned that the two parts of Ireland becoming closer is concerning HMG.   And that NI still coming under EU rules for trade could be showing that it's better to be in the EU than in Brexit Britain. If people start to think it shows Brexit isn't working, that's going to be a problem for Johnson et al.
    • You won't be able to bring a counterclaim unless you can produce a properly structured assessment of losses or costs or ancillary expenses and you will need to do this by producing at least written assessment et cetera as I have indicated above. Two of them would be much better. A court won't entertain a counterclaim simply based on your own speculation as to your possible costs. I understand very well that your preference would be to write off the entire job including all of the materials that were supplied and for you to recover your outlay for those materials but I think in order to do that you would have to show that you have acquired no value from those materials and once again I think that you would need an expert assessment which explained why the materials were completely wasted and that you would have to start from zero. You can be certain that the claimant will attempt to say that you have received value and in fact that the items which have been supplied or already installed can still be used. I'm afraid that because the attempt to arrange this contract as a cash only agreement inevitably invites the scepticism of the court, I think the court may well be open to consider arguments that the items which have already been supplied are of use to you. If you can get expert confirmation that the supplied materials are now of no use whatsoever, then you will also have to get a quote for uninstalling them and returning them to the claimant. This means that the whole thing is getting even more complicated. I do think that your best interests would be to discuss the matter with your new installer and to see what items which have been already supplied can be used to finish the project – and then to try and deal with the claimant in respect of those on the basis that the case would be withdrawn and everybody would walk away. I think it's time to start abandoning some of this rancour between you because it isn't helping and it won't impress anybody. Don't underestimate the disapproval that will be felt by the court when they get to know about the cash arrangement and this won't be helped by the fact that you then went ahead to try and get receipts. I understand very well that you say that you simply provided money and that in fact you were the purchaser of the items directly from the retailer – but there is no evidence for that and it would be an unusual arrangement and I think the court might express scepticism about that as well. I think we have to bear in mind your credibility in this – and I think that it is rather fragile at the moment. If you came up with a sensible business- like idea about how to put this one to bed and then put it to the claimant and also mention the fact that as he was involved in a cash only transaction, he also might find that he is incurring the displeasure of the court – particularly as he is the claimant, he might feel inclined to try and wrap it all up and bring it to an end. I think the next thing you must do is to get an expert report as I've already suggested above. You will need to do this anyway. If you don't have an expert report then even if you happen to win your argument that there is a breach of contract, the assessment of how much you win will be impossible for the court to decide. The court will absolutely want expert assessments. So you need an assessment as to the work which has been carried out so far and the work needed and costs involved to carry out the job. You need an assessment as to the usability or otherwise of the equipment which has been supplied. At least that for the moment. I don't think it is possible to do much more until you have this information. If you can get the information then we can decide what to do. Obviously I don't know anything about the subject, but I can't imagine that all of the equipment which has been supplied is useless. It could only be useless if you suddenly say that you want an entirely different system of gates – but on that matter, you are bound by your expectation in the contract and you would only be entitled to install a similar system using similar equipment.  
    • I wonder whether part of the UK issue with current NI protocol, is that it is enabling a better trading environment between Ireland and Northern Ireland.     Northern Irish businesses have anticipated import/export issues with Great Britain, so now trade with Ireland or via Ireland.   Apparently reports are that some Northern Irish businesses have seen an increase in trade. It is only businesses that mostly sell British fresh produce that have been affected by border controls  and even then, they could swap to local produce.   Agree that UK Government are using argument with EU as a convenient distraction, but also there must be a worry about increased risk of a united Ireland, as a indirect consequence of Brexit.
    • Fintan O'Toole has an article about the Brexit negotiations and what he thinks HMG's aims are.   Facing chaos and needing a scapegoat, the Tories seek an endless fight with Europe | Fintan O’Toole | The Guardian WWW.THEGUARDIAN.COM The EU’s proposals on the Northern Ireland protocol offered what business leaders wanted, but the prime minister prefers failure and grievance  
    • The carmaking giant is investing £230m in its Halewood plant, safeguarding 500 jobs.View the full article
  • Our picks

me v abbey *** WON !!! ***


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Look here:

Court Fees

 

Once you know your claim no. send 2 copies to the court clearly marked with your claim no. + brief covering letter

 

Thanks Michael, I suppose when you get the claim number you also get allocated your court?

 

regards

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  • 2 weeks later...

ok, filed moneyclaim but quite unlike myself I forgot to include the account number in the actual claim?

 

I am about to send of the spreadsheet which includes all the details of the charges to attach to the original claim is this ok?

 

also, do I just send a letter asking for this to be associated with claim number xxxx?

 

thanks in advance..

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Yes - I am wondering this too.. are there any links to info we have missed..?

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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  • 3 weeks later...

Had an offer of 50% -the goodwill payment and a defense from abbey, standard stuff.

 

I have responded rejecting the 50% offer and explaining that my claim actually is discounted by the goodwill amount already (glad to see they read the charges spreadsheet!).

 

I have also counter offered, saying that we will split the £250 court charge, therefore giving abbey a £125 'discount' . This counter offer is valid for 7 days only...

 

If they dont respond within 7 days from wednesday, then I shall submit my AQ and a further £100 will be added to their liabilities...

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I need some help, I have received £390 of the £1825 I'm claiming from the Abbey. I have sent them a letter informing them that I would accept another £820 on top for a compromise if they were to put the funds in my ACCOUNT BY THE 24/10/06 tHEY HAVE NOT AND ARE TOTALLY IGNORING MY FOLLOW UP LETTERS AND CALLS. i NEED TO KNOW HOW TO START WITH THE COURTS NOW... PLEASE ANUONE COZ I'M TAKING THIS ALL THE WAY.

 

CHEERS ROY

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  • 2 weeks later...

Ok, my abbey overdraft facility was withdrawn because I have refused to pay my dividends into my account, the Overdraft was £3700

 

My claim after deduction of £990 gw payment is 6k, they are no gving me 28 days notice before a defualt is placed, I have sent official complaint to abbey and will be following up with a letter to banking ombudsman.

 

Can anyone give me any pointers to how i should breah this?

 

Specifically to include allen betts head of debt management... what a knob

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Have you written to Abbey specifically telling them you are disputing the debt and pointing out that the banking code prohibits them from defaulting the account whilst its in dispute?

 

Sec 13.6 of the banking code if you want to be sure, you should get yourself a copy so you know exactly what it says.

 

Re the banking ombudsman i haven't bothered looking on their site do they have a complaints procedure?

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Complaints Abbey PO Box 5129 Milton Keynes MK9 2YN

9 November 2006

Dear Robert

Account number –

Your Ref: T

hank you for your letter dated 1st November 2006.

I must point out to you straight away that banking code sec 13.6 says that you cannot default accounts in dispute.

13.6 We may give information to credit reference agencies about the personal debts you owe us if:

you have fallen behind with your payments;

the amount owed is not in dispute; and

you have not made proposals we are satisfied with for repaying your debt,

following our formal demand.

I therefore can only come to the conclusion that Allen Betts, head of debt management at Abbey either:

1. does not know the banking code

2, does not care what the banking code contains

3, is deliberately putting false defaults on customers who query the banks illegal charges

Please advise

Yours faithfully

David Etere

 

what do you think?

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Dear Mr xxx

Apologies for not responding to your original email.

I can confirm that a default has not been registered and we have suspended action pending the outcome of the dispute which is being managed by our Customer Complaints team.

Regards.

Allen Betts

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  • 3 weeks later...

received today

 

Abbey asked for small claims , I requested Fast track and full discloure of costs, I also asked for the judge to dismiss their defence due to history of failing to defend.

 

Anyway, I have to give standard disclosure to every other party by list??? by 11th december

 

15 Jan exchange serve witness statements

 

No expert evidence

 

Pre Trial checklists are dispensed with

 

case has been listed for trial after 5 february.

 

well any advice? is this standard?

 

thanks

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Can anyone please enlighten me a touch on what I should give to who and what it contains?

 

sorry for the ignorance, i have an idea which is a list of items that i will depend on in court?

 

cheers

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Can someone comment on this please?

Ie is it ok?

CLAIMANT

-AND-

Abbey PLC

DEFENDANT

DISCLOSURE BY LIST

OF xxxxxxx CLAIMANT

 

I, xxxxxxxxxx Intend to rely on the following documents in court –

1. Correspondences

 

 

.....Date .......Description ......................... ......................... No. of pages

 

(A) 07/08/06 Letter: Data Protection Act request - 1

(B) 22-08-06 Letter: Preliminary Approach for repayment - 2

© 04-09-06 Letter: Letter Before Action to Abbey – 1

(D) 05/10/06 Copy of County Court Claim form issued by Claimant - 1

(E) 10-10-06 Letter: Letter sent to Northampton County Court & Abbey - 1

(F) 10-10-06 Schedule of charges sent to Northampton County Court & Abbey - 2

(G) Court Document: Notification of claim issued – 1

(H) 16-10-06 Court Document: Notification of Acknowledgment of Service - 2

(I) Copy of Abbey Acknowledgment of Service - 1

(J) 26-10-06 Court Document: Notification of Defence Filed by Abbey - 3

(K) 13-11-06 Copy of Defendants Allocation Questionairre - 6

(L) 14-11-06 Copy of Claimants Allocation Questionairre - 5

(M) 25-11-06 Court Document: Notification of Allocation to Fast Track – 2

 

2. Authorities

 

 

...........Description ......................... ......................... .............No. of pages

(AA) -- Copy of bank statements printed from online banking provided by Abbey

(BB) -- Unfair Terms in Consumer Contracts Regulations (1999) - 10

(CC) -- The Supply of Goods and Services Act (1982) - 13

(DD) -- Unfair Contract Terms Act (1977) - 9

(EE) -- Office of Fair Trading Report April 2006 (OFT842) - 35

( FF) -- House of Commons Early Day Motion (EDM 2227) - 1

(GG) -- House of Commons Select Committee on Treasury

Second Report: ‘Transparency in charging’ - 10

(HH) -- Report by Kendall Freeman on Liquidated Damages (May 2005) - 3

(II) -- Case Law Reference: Dunlop Pneumatic Tyre Co Ltd

v New Garage & Motor Co Ltd [1915] AC 79 - 2

(JJ) -- Case Law Reference: Alfred McAlpine Capital Projects Ltd

v Tilebox Ltd [2005] EWHC 281 (TCC) - 2

The Claimant will also make reference to the following case laws;

1. Murray v Leisureplay [2005] EWCA Civ 963

2. Wilson v Love [1898]

3. Lordsvale Finance PLC v Bank of Zambia (1996) QB 752

4. Bridge v Campbell Discount Co. Ltd. (1962)

 

Statement of Truth

I believe the facts stated within this Disclosure List to be true and comprises of xx pages.

 

 

Dated 7th December 2006

 

Signed

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  • 1 month later...

okey dokey

 

Cheque in post today, 100% won, plus court costs

 

FYI Abbey are now not leaving it to the day before to settle as the courts are getting arsey with Abbey!

 

They are trying to settle early... hence my court date was week beggining 5th feb fast track...

 

 

on to abbey for my mortgage now... erc for 5k....

 

so now I have won 5k Abbey, 1k MBNA, MCOL with EGG and LBA to Abbey Mortgage..

 

lovely jubbley

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