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Abbey Defending Claim - Advice


Suhari
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Hi

We’ve been making a claim against Abbey for charges relating to going overdrawn; around £1100 including interest.

The court claim went to them a couple of weeks ago, but we did not include a schedule of the claim (we did the form online) – stupid eh?

We’ve received a letter from a barrister acting on behalf of Abbey, saying that they will be defending the claim, and pointing out that we provided no evidence of the charges (i.e. the schedule) – they want us to send it to them.

We’ve also received an Allocation Questionnaire from the court.

So, our questions:

How do we now get the schedule to the court?

Do we have to send it to the barrister?

What advice would you give on completing the Allocation Questionnaire and attending court?

Hope you can help!

A & D (there are two of us – hence ‘we’!)

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Suhari

 

There is a post giving advice on the completion of the A&Q, I'm not at that stage yet so cant give specific advice.

 

Re sending documents I believe that you have to send a copy of your schedule to the other side, i think it would probably go to the solicitor since they will instruct a barrister. Or at least i think thats how it goes.

 

Have a read through the threads in here and I'm sure you will get some support and information too.

 

HTH

 

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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You're at the same stage as me (and quite a few others) so have a read through a few threads.

 

Send your schedule of charges to the solicitor, even if you have already sent it with your previous letters, they always ask for it again.

 

As for the allocation questionaire, look in the library, there are comprehensive guidance notes posted there. Good luck

Abbey Prelim Letter sent 16/06/06 - LBA sent 30/06/06 - MCOL served 22/07/06 - Acknowledged 26/07/06 - Defended 16/08/2006 - Settled 20/09/06 :o

Abbey 2 Prelim Letter sent 22/09/06

Abbey 2 LBA sent 9/10/06

MCOL 03/11/06

Cap One Prelim sent 28/06/06 - LBA sent 13/07/06

MCOL served 05/08/06 - Acknowledged 02/08/06 - Served 05/08/2006 -Settled in full 22/08/06 :D :D

Halifax Prelim sent 03/07/06 - LBA sent 17/07/06

MCOL issued 03/08/06 - settled in full 09/08/06 :D

MBNA S.A.R sent 21/08/06 Settled 21/09/06 :-o

Morgan Stanley S.A.R sent 29/09/06

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Thanks for the suggestions.

 

Having spent some time ploughing through other threads, am feeling far happier now.

 

AQ goes out today, along with copy of the schedule to DLA.

 

This is fun!!

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  • 2 months later...
  • 2 months later...

Thought I'd provide a brief update on this.......

 

Things progressed, and we got a court date - 23rd January.

 

We ended up having a couple of telephone discussions with Abbey's internal legal people who have taken over from DLA Piper.

 

On one call a person (who I won't name) said "Oh yes I have a post-it note here with all your notes on it!'

 

Do they take these things seriously!?

 

I'm also as disorganised and it was only this morning I realised we had to get documents through to the court...... by tomorrow! The days do creep up on you over the festive period.

 

Fortunately we have all the relevent correspondance, statements etc. ready, and with the help of the court bundle provided on this site I have put everything together.

 

Skiving work tomorrow to hand deliver it all......!

 

Have made a new year's resolution to be more organised.

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I think I should change my name to 'confused'!

 

I spoke to the court to ask why they hadn't stated a date for me to provide my various documents and whetehr the deadline would indeed be tomorrow.....as it turns out the date for 23rd January is for an 'Allocation Hearing'; not the acyual hearing as I thought.

 

Apparently the judge at Stafford County wants to decide which track the claim should be addressed under. Given the claim is so small (£1100) I am confused.

 

Can anyone advise as to what this hearing will actually involve?

 

I was told that I do not need to send anything - simply to turn up!

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An allocation hearing is for the judge to decide how the case will be allocated to track IE small claims, fast track or whatever.

 

The value of the claim is only one of the issues the court takes into account when deciding the track, they have the scope to allocate the claim to whatever track they feel like.

 

If they decide to allocate you're claim to fast track of higher then you need to ask the court to make an order to allow you to continue to represent yourself without risk of costs being awarded against you. This would be on the basis that the claim is of small value and that as a litigant in person fighting an corporate entity you do not have access to the same resources. i think if you trawl through the mercantile court threads then you may find a standard paragraph prepared by BankFodder.

 

Its also likely that the other side will argue about any matters of import to them, like whether there are charges beyond 6 years old and whether they should be struck from the claim. If thats the case then you need to bone up on those issues.

 

And for whats its worth there is a thread i think its called 'new procedure for dealing with AQ' there is a draft order set out there, it would be good to take that along with you and when the court asks you about your claim you ask if they would consider using it.

 

You need to understand t=what the draft order imposes on you but if they do take it on board you will have 14 days to submit your papers, then its the banks turn and its unlikely they will comply so their defence will be struck out.

 

HTH

 

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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Hi Suhari,

 

I have recently attended mine (although yours will probably go a bit better than mine!), there is loads of information etc on my thread regarding it and what was needed etc.

 

Hope that helps.

 

Nutty X

;) If I helped, then please click my scales ;)

My advice is only my opinion...

 

Please read the

FAQ's

 

Sign the Phil Whitmore petition:

http://petitions.pm.gov.uk/PAYUSBACK/

 

Abbey - £1600 - WON!!

 

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Thanks for the replies…I’m feeling okay about the allocation hearing, but do have a couple of questions which I hope someone can advise. (I’ve also asked the same on the ‘new strategy’ thread!)

The reason for the hearing is:

To consider the extent to which disclosure of the defendents charging regime s required to achieve a just and proportionate outcome to this action and whether the small claims track is the appropriate track having regard to CPR26.8 © & (g).

So my questions:

1. Am I okay to suggest the judge consider a draft order of directions to address the disclosure issue? How do I do this? Do I need to write a letter and hand it over?

2. Does anyone have any thoughts or comments on CPR26.8 c (the likely complexity of the facts, law or evidence) or g (the importance of the claim to persons who are not parties to the proceedings)?

Nutty – sounds like you had a tough day; I guess you caught a bad judge on a bad day! Keep going and good luck.

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I think you have a very good opportunity here particualry with regards to g).

 

I would suggest that you highlight the fact that the key issues of the claim i.e. unlawful penalty charges is established law, however the defendant, in line with many other banks and credit card companies, is failing to defend claims in court, leading to a waste of court time and resources (Take a list of all the claims settled and reported on the site).

 

The only matter at issue is the relationship between the banks charges and their liquidated damages in relation to your account (note i said your account, as a consumer you cannot be forced to indemnify a third party via a contract with a coroporate entity), in other words their costs and charges can only relate to your contract.

 

I would take along both orders the one for disclosure and the one for striking out their defence, the abuse one if they do not file a full defence within 14 days and if they do, then the dislcosure order.

 

Im not sure the claims that these orders are derived from have been settled yet so you cannot mention them specifically, you might say if asked, that these were suggested by somoen on the forum or similar, but dont quote the claims unless we know for certain they have been settled. Last time i looked they hadnt.

 

You need to prepare your own draft orders based on your claim but in essence this boils down to copying the orders and putiing in your details.

 

JMHO

 

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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My girlfriend recieved a letter from Abbey today - offering to settle in full!

Needless to say we are delighted. Many thanks to the guidance and advice offered by posters on this site.

I do have a couple of further points and questions:

1. The figure Abbey have calculated as ‘full settlement’ (about £1100) differs from our figure (about £1250)…..Abbey have been adding interest etc since we brought the case.

2. A default notice has been placed on my girlfriends credit rating, again since we started the case. The settlement letter makes no mention of Abbey removing this (we have previously asked for this).

I plan on phoning them on Monday and negotiating the figure, and asking that they remove the default…clearly I’ll also put this in writing.

So…should we turn up to the allocation hearing on Tuesday? Is it likely that Abbey will be awkward on removing the default?

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I would suggest that you tread carefully with respect to the removal of the default, if they haven't settled that matter and its on your particulars of claim, then you need to 'accept' their offer since you have to mitigate your losses.

 

However if you do accept their offer before you get into court then the chances are you wont get it removed, or at least thats been the experience i have seen before.

 

What i would suggest is that you write back to them and ask them to confirm in writing that the offer is a partial offer and that they understand you will be pursuing them for the removal of the default and the balance of interest.

 

Its unlikely they will write back confirming this, if they do let me know because ill stop telling people to do this, and this leaves you free to say that the offer was unacceptable to the defendant and they withdrew it.

 

You will then be able to continue with the claim, as i said its going to make removal of the default pretty difficult if you don't have them related to a claim for the reimbursement of charges.

 

JMHO

 

Glenn

 

HTH

 

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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Okay - so I'll try to get the default removed due to the banking code, and I'll look to negotiate the settlement figure.

 

I will turn up to the allocation hearing. However, do I let the judge know that I am in reciept of written confirmation that Abbey do not want to pursue? This is clearly stated in their offer letter.

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Suhari

 

If you do that from what ive heard its unlikley you will get it removed.

 

JMHO

 

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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Spoke to Abbey this morning.

 

They basically said tough luck on the additional charges - suggested that I start another claim!

 

They are currently 'looking into' the default and will come back to me later today.

 

On the plus side, they made it clear they don't want to have to go to the hearing tomorrow, and asked that if they sort the default out today, will I drop the case.

 

I've asked that they email me a scanned copy of letter confirming removal of the default and a scan of the cheque.

 

Will be interesting to see what they do..

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Suhari

 

i wold suggest that if they propose a settlement which is to your liking do you a couple of things.

 

First you make it clear that your acceptance of the money/settlement is subject to them sending you the money within 7 days.

 

They Will argue they cant do that, they're a bank if they want to they can i suspect, the courts will give them 14 i think but whatever way you do it don't leave it open ended.

 

Secondly ask them to prepare a Tomlin order and make sure that all the conditions you want them to agree to are set out clearly.

 

This will probably make it easier to enforce if they don't comply with what they have proposed.

 

Again they may say you don't need one, but i suspect its a matter of time.costs rather than a legal issue. I would ask for one if it were me.

 

JMHO

 

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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Its an order that you and the other party agree to the contents of and then the court ratifies is making it bind ing on boht parties, it also makes it easier for you to enforce something agreed (and the other side incidentally) should they fail to comply.

 

HTH

 

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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Abbey just phoned.

 

They are 'looking into' how the default got placed against the account, and what they can do to remove it. Said they will come back to us if there is anything they can do.

 

They've written to the court saying they are not turning up tomorrow...on the basis that they thought the claim had been settled. Interesting comment to make since we only recieved the offer letter on Saturday.

 

Is it appropriate for me to raise the default notice issue in the allocation hearing tomorrow? The request to remove the default was not on the original particulars of claim, but we did write to the court requesting that it be added as soon as Abbey put in place.

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