Abbey and other questions ** WON **

[Robhughes]

Well today was the last day for them to file a defence, which they have. My AQ should arrive within the next few days

[Robhughes]

Just occurs to me - can I claim back the AQ fee of £100 and if so how do I add it to my claim?

[missphant]

not sure i'm afraid - perhaps its a good idea to query that with the court? i'm sure others on here can advise though...

[Guest bong]

you can claim it back. you don't need to add it to your claim, you just tell them that you have incurred additional costs which need settling when/if they contact you to arrange settlement.

 

don't file it until you're nearer to the deadline in case they try to settle first.

[Robhughes]

Hi, Just to keep you all updated: I filed my AQ at the court last week, including the draft directives from the "new AQ strategy" thread. I was unaware it was courteous to send a copy to the bank as well so i didn't. Hope this doesn't come back to bite me, although as it's not essential to provide them with a copy, i guess it won't

 

I'll let you all know what the next development is. Any ideas what to expect from the bank's end?

[missphant]

don't worry about not sending them a copy - if they're that bothered they'll request one and you're not required to send one to them only to the courts - why pay out more on postage than you have to!!!

[anney63]

Hi Missphant

Have you any idea what Abbey state in their AQ do they send a copy to Claimant?

[missphant]

Hi Missphant

Have you any idea what Abbey state in their AQ do they send a copy to Claimant?

 

hi, abbey didn't send me a copy of their AQ (as they're not required to do so) and from what I gather the vast majority of other people on here haven't been sent a copy either so chances are you won't know. If you're really keen you could request they send it to you, but I'm guessing they're within their rights to say they don't need to (petty, but we all know what Abbey are like!!!)

[Robhughes]

Hi all, I'm back. Yesterday i received my court date and a whole bundle of information. I'd used the "new strategy for AQs" that has been proposed (and used with success in over 60% of cases) in another thread. I then read the post karnevil made about receiving a court date and i want to make sure I do the right thing next.

 

So here's the full text of my Court Order:

----------------------------------------------------------------------

On 9th Jan 2007

District Judge X sitting at Y considered the papers in the case and orderd that;

1) This claim is allocated to the small claims track and the parties are referred to part 27 of the civil procedures rules and the practice direction of that part for guidance on how the hearing of the claim will be conducted.

 

2) the claim will be heard at Y on a date and at a time which is set out in the notice attached to this order, or which will be sent to you later. The court reserves the right to change the date and/or place of the hearing

 

3)From the available papers it is estimated that the hearing will take 10 minutes. If a party is aware of a reason why this estimate might be substantially inaccurate, that party must notify the court immediately

 

4) the parties are encouraged always to try to settle the case by negotiation. The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. the court must be notified immediately if the case is settled

 

5) the following paragraph's set out the judge's directions for preparation for the hearing. Failure to comply with the directions may result in the case having to be adjourned and the party at fault having to pay costs

 

The following Directions apply to this Claim

 

6) Disclosure of documents shall be dealt with as follows:

 

a)Both parties shall give to each other by standard disclosure by list, the lists to be served by 4pm on 14/02/07

b)Any request for a copy, or inspection, of any document shall be complied with by 4pm on (date not filled in by court)

 

7) the original documents must be brought to the hearing

 

8)The judge may refuse to consider a document or take it into account if a copy of it has not been sent to al parties as required by this order

 

9) the documents to be sent to the partiesand the court must include the statements of all witnesses (including the parties themselves)

 

10) Witness statements must:

a)Start with the name of the case and the claim number

b)State the full name and address of the witness

c)Set out the witness's evidence clearly in numbered paragraphs

d)End with this paragraph: "I believe that the facts stated in the witness are true";and

e)be signed by the witness and dated

 

11)the judge may refuse to hear the evidence, or consider any statement, of any witness whose statement has not been prepared and copied to al parties and the court in accordance with the paragraphs above

 

12)neither party may rely on any report from an expert at the hearing unlesspermission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on reciept of this order and sek permission, giving an explanation why the assistance of an expert is necessary

 

13) because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court 9together with any appropriate fee) to arrive within 7 days of this notice

 

--------------------------------------------------------------

 

So as far as I can tell, the judge has opted not to follow the draft direction but because the date of the hearing is very soon, the order of standard disclosure by list supercedes and essentially does the same job as it. I've been given a paragraph or two relating to contractual interest for my statement of evidence.

 

Thoughts?

[Robhughes]

er, the judge didn't use the cool face BTW, just my over-enthusiastic typing..

[missphant]

hi rob, if you PM me your email address I'll be happy to send over all the research that I included in my court bundle which has to be in two weeks prior to the hearing date (unless otherwise specified)

[Robhughes]

Thanks Misp, I have done. Does anyone else have any advice/suggestions?

[Robhughes]

Please can I get the thread name changed to ROB H V ABBEY: FINAL STAGE ?

 

Thanks

[Robhughes]

Does anyone know if it's possible to change the name of my thread myself?

[missphant]

Does anyone know if it's possible to change the name of my thread myself?

 

hi rob, a mod will change your thread name when they next pass through - you can't change it i'm afraid

[Robhughes]

Am i right in thinking that standard disclosure by list means I have to submit a list of the documents I will rely on as opposed to the documents themselves?

[Robhughes]

One other thing - the disclosure list on Karnevil's sticky includes several cases not included in the basic court bundle. Can someone point me in the right direction? (apologies misp if they're in teh list you sent me, I haven't had time to check that out yet)

 

Thanks

[missphant]

hey rob - from reading the guide you got sent by the judge yes it is a list you supply and take the documents to court with you - one copy for you, one for abbey and one for judge (you have file with originals in)

 

maybe there're doing that to save on them receiving loadsa files of court bundles when most cases don't actually get to court?

 

most of the examples in karnevil's bundle are mentioned in the case examples i sent to you. if any aren't there that you wanna look up the easiest way is google. usually be just typing 'name v name' it comes up

[Robhughes]

You're a star misp. Plus it saves me a whole world of printing with any luck

 

Cheers

[Robhughes]

Hi

 

I'm just putting together my standard disclosure list and statement of evidence, and a couple of things have occured to me. As the judge has ordered standard disclosure by list, does that mean Abbey will just have to list whatever document it is that supports their "genuine pre-estimate of costs" defence, thus giving them an extra fortnight in which to prevaricate before either a)turning up to court (has this ever happened with Abbey yet?) or b) paying me in full?

 

Secondly, and this is born purely out of my natural tendency to be pessimistic until life proves otherwise, shoudl I take it a as a bad sign that 7 days after I received the court order i haven't received anything at all from the bank, least of all a GOGW?

[Robhughes]

Oh, and can a mod please change the name of my thread to "ROBH V Abbey:Final Stages" please?

Ta

[missphant]

hey rob, yeah abbey will just need to do a list too, though wasn't it johnny2bad who listed what his bank had sent him and it was pitiful reading - such as a leaflet on some completely random thing!

 

don't panick about not hearing anything yet...when's your court date? if you don't hear anything about three days before your court date you could ring them and remind them you're happy to settle privately for the full amount plus court costs, plus interest. they didn't contact me to settle until exactly a week before we were due in court.

 

you could count on your hand the amount of times they've actually attended court and even then it was a rep - not a full out legal dude - see whizkids thread in settled.

[Robhughes]

Hey Misp, thank you - you're a veritable mine of information, and always unbelievably quick to respond

Court date is on Feb 28th, and not a day too soon!

[missphant]

anytime:)

[Robhughes]

HELP!!! While filtering out the statements that I'll need to rely on by checking them against my schedule of charges, I've realised I've made a mistake. I've claimed for chatrges incurred on 05/02/06 when i should have typed 05/03/06!

 

How do I correct this? The deadline for my disclosure by list is 14th Feb