Buffy v shABBEY

[Macgonagle]

Don't hold your breaths with deadlines. Plenty of lawyers wait until the last second before complying with court orders.

[Buffysum]

Yea I know trying to drag it out as long as they can!

 

Well got home last night and this morning got the letter form the court saying that it was acknowledged on the 10th Oct but more interesting is that it has been signed by cant make out the name but under it says Defendent rather than defendents solicitor! But in the next box asking for position says solicitor and then the address to send document is

Abbey National PLC,

Abbey National House,

2 Triton Square,

Regents place,

London

 

Strange hay? Anyone got any ideas? To me it looks like Abbey are having so many claims they have hired their own solicitors. What do you think??

[Kerrie78]

They did use DLA but there was talk they they had changed to Ashurts, but then they now seem to be representing themselves. I am waiting to file my claim online aswell, but I am stuck for the fee at the moment due to being on unpaid maternity leave.

There are some other threads regarding the new solicitors - I was reading through them yesterday.

[Buffysum]

Cheers for that will have a read through now been busy in work this week so not been doing my usual internet surfing all day!! Know what you mean had to borrow some money off my other half this month to cover all the fees Got two claims going but did them on line as it costs less and felf that it was les hassle, every little bit helps and all that! Good luck with your claim when you put it in!

[OdaPacket]

Hi Buffy.Click on the contact us link at the bottom of the page and ask the group directly.They will help you change your name with contact through personal e-mails.:)I had to do this myself as when i joined,i used my real name and on entering the forum was advised to change it as banks often scan this site. Hope this helps OdaPacket.

[Buffysum]

Well recived my AQ and defence today haven't had chance to look through them yet but hopfully will be able to send them off tomorrow.

[Buffysum]

Well just filled it out but I am feeling a little uneasy now what if I have to go to court!! Has anyone put anything in the other infomation bit?? Just Settled with HSBC why couldn't Abbey just settle too. Is anyone else at the same stage as me??

[Buffysum]

Well managed to find a thread with people asking the same question i have decided not to put anything in the other infomation as it looks like most people have left it blank and I cant think of anything to put in.

[philread1]

STOP STOP STOP, Have you sent it yet?

 

Phil:)

[philread1]

Hello Buffy

 

There's a template in the library to help you fill in the AQ, and there is a little snippet in there to put in Section G, it says it is for people who are claiming over £5000, but others can put it in too.......

 

I'll go and find it for you, back in a roly-mo..........

[philread1]

Buffy, below is the piece to put in Section G is below. Like I said before its intended for use for people who are claiming over £5000, but it does'nt stop anyone else from using it, and I think it sounds quite good! Read it and see if you think it is suitable.

 

"I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation."

 

Phil:)

[Buffysum]

Yea thanks for that Phil if I leave out the first sentence and the last para then that sounds really good Cheers for that. I should have looked there first but im not thinking strait today!!

[Buffysum]

Well I have just recived a letter from plymouth court sayong that my claim has been allocated to the small claims track. The hearing will be 21 March at 1430 and will take no longer than 2 hours. Is this normal? thought it might be a bit quicker than that but hay at least I have a bit longer to get my pack together. Should I do anything else. If anyone has any advice I would be very greatfull x x

[Buffysum]

well this has taken a back seet for a few weeks but I really need to sort out my stuff for my hearing in March. Haven't heard anything from Abbey for ages now is it worth contacting then to see if they want to settle? In the mist of buying my first house so the extra money would really come in handy.

 

Anyway going to have a look around now and get what I have to do for my hearing strait in my head because Im not really sure what i need to do. x x :o

[Buffysum]

Right then I have been through and printed off lot's of usefull theings and I am now going to go away and look through it all and put it all together think I almost know what I am doing now.

 

This was the directions from the court for info;

 

The following directions apply to this claim:

 

1) Each party shall deliver to every other party and to the court office copies of all documents (including all experts' reports if the court has given permission for expert evidence to be used) on which he intends to rely at the hearing. This should include the basic court bundle that karnevil has put on plus any letters i have recived from abbey my statments and the spreadsheet of charges and anything else I have? Is this right.

 

2) The copies shall be delivered no later than forteen days before the hearing.

 

3) The original documents shall be brought to the hearing.

 

4) Signed statments setting out the evidence of all of the witnesses (including expert witnesses) on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 1. This includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to court to give evidence. The defendant's solicitors must also file and serve a skeleton argument no later than 5 days prior to the hearing.

this is just my statment i think?

 

5) The court must be informed if the case is settled by agreement before the hearing date.

 

 

If anyone could have a look at this for me and just let me know if I am on the right track and if not could you please point me in the right direction I would be really really greatfull x x x

[Buffysum]

Thanks for that just wanted to check x:lol:

[Buffysum]

oh dear! well I sat down with a cup of tea last night and started reading the basic court bundle and i'm now feeling in well over my head.

 

I read it all twice but I can understand the first part but all the legal jargon has just gone well over my head. Is there sections in there that I should be looking at in particular?

 

Is there anyone in Plymouth that can help me?

 

I am going to go and try and find a court buddy now.

 

Going to spend the weekend writing my witness statment and putting all of my bundle together ready to send hopefully by the end of next week if I can get my head around it all.

 

Is anyone else feeling the same?

 

My court date is 21st of March. Has anyone had to go to court yet?

 

any advice would be really appreciated:p

[Buffysum]

Well been doing some reading and feel a bit better still confused by all the legal stuff but have just emailed Inga asking them if they would like to settle and that my court bundle should be with them by the end of next week. Hopfully should give them a bit of a push.

[Buffysum]

Evening all. Could do with a bit of advice if poss please got a few questions about the bundle and what to put in and what not to put in if any one could be so kind. I know they may be silly questions but I just want to get this right.

 

1. do I put my bank statments in and spredsheet of charges?

2. do I include witness statment in the pack?

3. do I put the letters I have recived from the court in?

4. do I put the defence that Abbey sent me in?

 

Thanks x;)

[Buffysum]

sorry to nudge but could anyone answer my question above? x x:)

[noobrider]

Yep put it all in. It's everything you would rely on in court so if you have to prove any aspect all parties have documentary evidence

 

The spreadsheet is a summary of all the charges showing easily what the total sum is

 

The statements prove that these have been charged and you have paid them

 

The witness statement is your reason for claiming

 

The letters from court show all correspondence regarding the matter and prove that the court has fulfilled its role to all parties

 

Abbeys defence is included as your statement and evidence refutes all the claims made in their defence.

[Buffysum]

Thank you that really helps just don't want to look stupid to Abbey or the court. x x

[RosaChaz]

Keep your chin up - I hope to be following in your footsteps soon

[Buffysum]

Thanks Rosa feeling a bit better now getting somewhere with my bundle as last!

 

Good Luck with your claim!

[Buffysum]

Could anyone please tell what address to send my bundle to??