Sammy115 vs Abbey * SETTLED IN FULL ********

[sammy115]

On the matter of the default notice that was served on me yesterday also!

 

I have read the s10 data protection act notice and fully intend to write to Abbey with this. However, I am concerned that the amount that is owed to the Abbey is more than the charges applied, my problem is I am unsure as to how much. It was only when i requested my charges be refunded that Abbey removed my overdraft facility which has led to them now defaulting my account. I have repeatedly made them offers to repay the money and have in fact been paying them £150 per month, but they have never put anything in writing - just demanded that the whole amount be paid off.

 

Obviously once they removed the overdraft I was incurring high interest charges, I have also incurred more charges since submitting my original claim.

 

Should I start a new claim for the further charges that have been applied to my account since then, despite the fact that my original claim is still proceeding.

 

I feel I have nothing to lose by submitting the letter under the s10 argument but do not want to jeopardise any continuing litigation.

[livelylad]

I am watching your thread with interest keep up the good work, Well done.

[sammy115]

Waiting to see if Abbey file their statement as ordered to by 4.00pm today. I am going to ring the court tomorrow to see. (I may wait till the day after) I am sure Abbey will.

 

However, they have to file their forensic accountants report on the 'setting of and calculation of charges' by the 28th November. I CAN'T WAIT FOR THAT ONE!

[traceyrmj]

you and me both...

[Lyn A]

Our final day is on 10th November!!!!!! Getting a wee bit worried! Had Goodwill payment of 535 and letter offering £570!!! Where do they get that from. A bank that can't even count. Sent letter off stating the money was already in our account before their offer was even made, we accepted it as part payment only and would be continuing with claim. Also sent email stating they had offered £570 but only put £535 into account and could they explain this, letter to Abbey also sent querying this. Letter not acknowledged but we received letter re email stating I had not signed it so could not be actioned on! DUH!! however, a copy of my email was sent for signing which we did and sent off last week.

Letter sent to Abbey also stating their last date would be 10th before we would start court claim and did they actually want to go as far as this. Would they be prepared to settle rather than go to court. Has not been acknowledged.

Now we will have to find out about how we proceed with taking them to court.

[sammy115]

Lynn - maybe they charged you for sending you a letter!

 

I am sick of Abbey and their impersonal computer generated letters. I have just about the sixteenth letter saying that I have not been in touch with regard to paying off my overdraft. Well I have!!! About sixteen times!

 

They really are stupid!

[grumpy guts]

Interesting thread. I can't wait to see what happens here.

[sammy115]

Well I rang the court today and they said they have no record of a response from Abbey as ordered byt the Court. They also said that the file may not have been updated. When I asked what should i do if they have not responded, she said I could request that the defence be struck out following their failure to comply with an order of the court.

 

How long do I wait before assuming that the file is updated. I am quite willing to send my letter to the court tomorrow but I am unsure what to put and how to word it.

 

Help would be appreciated with the wording of the letter.

 

Thanks

[sammy115]

Sorry, forgot to say that what I HAVE received is a letter telling both me and the court that DLA Piper no longer acts for them, and they are representing themselves. I am sure that this is going to be a tactic. Maybe they are going to say that due to the change over this is why they delayed submitting the response in a timely manner. What do you experts think?

[sammy115]

Sorry, forgot to say that what I HAVE received is a letter telling both me and the court that DLA Piper no longer acts for them, and they are representing themselves. I am sure that this is going to be a tactic. Maybe they are going to say that due to the change over this is why they delayed submitting the response in a timely manner. What do you experts think?

[Glenn UK]

Sammy

 

couple of points come to mind, since the defence was entered by DLA piper have youbeen sending them anything, copies of AQ, anything you have sent to the courts?

 

If you have then I would write to the courts and complain it is the defendants responsibility to monitor and submit the relevant papers and submissions to the court when they are due.

 

Inform them of the correspondence you have had with DLA piper and confirm that it is the defendants responsibility to effect and proper and efficient handover from DLA piper to their new defence team.

 

I would ask that the court strike out the defence if you want some ideas as to what you could write see my thread Glenn vs Abbey i sent a motion to strike their defence out with my AQ questionnaire.

 

there are some words in there about their previous behavior too.

 

You might alos like to include someof the new stuff from the financial ombudsman and the competion commissioners report, i would.

 

I have been advised to wait five days after the AQ submission deadline to check if abbey entered theirs if they don't ill complain to the court and ask again for their defence to be struck out on the basis of the abuse of process.

 

HTH

 

Glenn

[sammy115]

Hi Glenn

 

have just rung the court again and Abbey have not filed the defence as ordered by the judge. So I have to complete an N244 (which i have downloaded from the library) and send with more money! £35.

 

I am going to look at your thread later for the wording for my intention to apply for an order to strike out the defence (is that right?) but I am a little unsure as to Part B which asks me whether I wish to rely on

 

the attached (witness/statement)(affidavit)

My statement of case

evidence in part C in support of my application.

 

Actually as I have just written this I think the answer is evidence in Part C in support of my application, and this is where I should put the information you wrote about with regard to changing solicitors etc etc. What do you think??

[Glenn UK]

Sammy I dont know that form but what you say sounds right, then you can attach a letter asking thr honourable court to strike out the defence at thier own discretion.

 

If you want to see what i wrote check out my thread Glenn vs Abbey which includes a request to strike abbeys defence out.

 

If you want to get some feedback on anything you write you can post it on here or send it to somoene to look at.

 

HTH

 

glenn

[pollyjohnson]

I was under the impression that the N244 form was to amend a claim.

To file for judgment you simply tear off the slip attached to the notice of issue. This form requests you to fill in the charges and interest up to date of filing for judgment. No cost. am I wrong? this is what I have done.

[sammy115]

Hi Polly

 

I am a bit unsure now. It was the clerk at the court office who told me I needed to fill in the N224, and I have to admit I was a bit gutted at having to fork out ANOTHER £35. I will do some research today and try to dig a bit deeper.

 

What she actually said was that 'I should apply for the defence to be struck out due to non-compliance of an order'.

 

Does anyone else out there have any experience.

[elizabeth1]

Sammy,

well done you have done really great with this while Abbey have been going out of their way to make it difficult for you!!

 

I wish you luck and can't wait to see you win this one!!

[sammy115]

This is my first draft Application Notice to have Abbeys defence struck out

 

Can I have comments please, I am not sure how to end it either. (sorry its so long)

 

1. How do you wish to have your application dealt with – without a hearing (Go to question 5 & 6)

 

5. Level of judge – Left Blank

6. Parties to be served – Abbey Bank PLC

 

Part A

 

I (my name) on behalf of the claimant intend to apply for an order that the court strikes out the defence of Abbey National Plc because Abbey National Plc have failed to comply with an order to file and serve a witness of fact by 4.00pm on 7 November 2006, as directed on the 10th October 2006.

 

Part B

 

I wish to rely on evidence in Part C in support of my application

 

 

Part C

 

At a hearing on the 10th October 2006 at Redditch County Court, the following was ordered.

 

1. The matter be allocated to the Small Claims Track.

 

2. The Claimant do file and serve a witness statement of fact by 4.00pm on 24October 2006.

 

3. The Defendant do file and serve a witness statement of fact by 4.00pm on 7 November 2006.

 

4. Leave to the Defendant to instruct a forensic accountant to prepare a report upon the setting and calculation of charges applied to the Claimant's current account with the Defendant, such report to be provided by 4.00pm on 28 November 2006.

 

5. Any questions to the expert shall be put in writing by 4.00pm on 12 December 2006 with replies to be provided by 4.00pm on 9 January 2007.

 

6. The parties do confer and agree the documents to be included in a trial bundle, a common bundle to be lodged with the Court 14 days before the hearing by the Defendant's solicitors, to include the skeleton arguments of the parties' submissions.

 

7. The matter to be listed for hearing on the first open date after 13 February 2007(date to be advised) with a time estimate of 3 hours.

 

The Claimant filed and served a witness statement of fact by 4.00pm on 24 October 2006.

 

The Defendant has failed to file and serve a witness statement of fact by 4.00pm on 7 November 2006.

The defendant has repeatedly acknowledged claims, entered a similar defence as they entered in this claim, filed allocation questionnaires, attended case management and allocation hearings, and generally abused legal process to its advantage.

However, the defendant has failed to attend court to defend a single claim to my knowledge and has repeatedly settled claims on the ‘steps’ of the court.

The Defendant has at its disposal the absolute defence required to defend this claim in its entirety and yet at no time has it ever offered to prove what its costs are in respect of breaches of contract which it claims allows it to levy charges of the magnitude it has done in the claimant and other customer cases.

[Glenn UK]

This is my first draft Application Notice to have Abbeys defence struck out

 

Can I have comments please, I am not sure how to end it either. (sorry its so long)

 

1. How do you wish to have your application dealt with – without a hearing (Go to question 5 & 6)

 

5. Level of judge – Left Blank

6. Parties to be served – Abbey Bank PLC

 

Part A

 

I (my name) Are you acting for someone else? If not then I would begin The Claimant intends....on behalf of the claimant intend to apply for an order that the court strikes out the defence of Abbey National Plc.

 

The Claimant understands that the Defendant has failed to comply with an order to file and serve a witness of fact by 4.00pm on 7 November 2006, as directed by this Honourable Court on the 10th October 2006.

 

Part B

 

I wish to rely on evidence in Part C in support of my application

 

 

Part C

 

At a hearing on the 10th October 2006 at Redditch County Court, the following was ordered.

 

1. The matter be allocated to the Small Claims Track.

 

2. The Claimant do file and serve a witness statement of fact by 4.00pm on 24October 2006.

 

3. The Defendant do file and serve a witness statement of fact by 4.00pm on 7 November 2006.

 

4. Leave to the Defendant to instruct a forensic accountant to prepare a report upon the setting and calculation of charges applied to the Claimant's current account with the Defendant, such report to be provided by 4.00pm on 28 November 2006.

 

5. Any questions to the expert shall be put in writing by 4.00pm on 12 December 2006 with replies to be provided by 4.00pm on 9 January 2007.

 

6. The parties do confer and agree the documents to be included in a trial bundle, a common bundle to be lodged with the Court 14 days before the hearing by the Defendant's solicitors, to include the skeleton arguments of the parties' submissions.

 

7. The matter to be listed for hearing on the first open date after 13 February 2007(date to be advised) with a time estimate of 3 hours.

 

The Claimant filed and served a witness statement of fact by 4.00pm on 24 October 2006.

 

The Claimant understands that the Defendant has failed to file and serve a witness statement of fact by 4.00pm on 7 November 2006. (It may be a mistake on the Courts part and they may have filed, so you want to allow for that rather than stating as fact somethig which you cannot ascertain yourself).

 

The defendant has repeatedly acknowledged claims, entered a similar defence as they entered in this claim, filed allocation questionnaires, attended case management and allocation hearings, and generally abused legal process to its advantage.

 

However, the defendant has failed to attend court to defend a single claim to my knowledge and has repeatedly settled claims on the ‘steps’ of the court.

 

The Defendant has at its disposal the absolute defence required to defend this claim in its entirety and yet at no time has it ever offered to prove what its costs are in respect of breaches of contract which it claims allows it to levy charges of the magnitude it has done in the claimant and other customer cases.

 

I would also like to draw to the Courts attention that any delays caused by failure to follow due process by the Defendant with subsequent appeals for stays or additional time to comply, put the Defendant, a large multinational conglomerate, at an advantage over the CLaimant, a Lititgant in person. I therefore humlby request that the case is allowed to proceed withou any undue delays caused the Defendants failure to submit documents into Court in accordance with the Courts orders.

 

How about something like 'In the event that the Court alllows the defence to stand that the Court takes any actions it deems appropriate.'

 

I dont see much wrong with it Sammy, as you know im no expert, just learning on the hoof like most of us.

 

I think the difference between my circumstances and yours is that the COurt hasnt made an order, well I supose it has in the sense that it allows a timeframe for filing the AQ but otherwise its a standard ommission on the part of the Abbey.

 

Whereas in your case they have failed to observe a specific order.

 

JMHO

 

Glenn

 

PS you might need to check the spelling, this PC doesnt have ispell installed on it.

[haydenwhittaker]

hi sammy115, i've just had an acknowledgement from abbey, which will give them till 23rd november. i hope yours is going well, i will be watching with interest. i'm trying to claim almost £5,000 so lets hope they fold

best of luck

[sammy115]

Good luck Haydn - be prepared for a hard battle, Abbey are proving to be a tough nut to crack.

 

Glenn, thanks for your input, you are quite right the way you have worded it makes more sense now. I was struggling a little bit. I also see why I have to fill the form in now too.

 

Off home shortly to fill in more paperwork!!!!! Have a good evening all

[sammy115]

Well, well. Got home today to a very inconspicuous letter from Abbey who have decided to SETTLE IN FULL. They have offered me all my charges back, the interest that I stated on my claim form, the court costs and the charge for the allocation questionaire. What a result!!!!

 

So to everyone out there, keep going, keep going, keep going. My only worry now is to hold out for the accrued interest since filing my claim in June (or is that being greedy!!!!) LOL!

 

PS Can a moderator, change my title please!!!!

[Karish]

Thats fantastic news. Congratulations:D . You have really really inspired me to keep going. I have not received my statements yet but I will remember your thread if I ever feel like giving up.

[elizabeth1]

Congratualtions!!!!

[Armsoft]

Sammy,

Well Done

 

Another RESULT for Justice

[keren29]

Well done!