Anney63 v Abbey *** WON ***

[bish]

Good hunting anney63, hope you are making him do some of the leg work, and he apreciates what a good mum he has. Need any help just ask.

 

Regards bish.

[bish]

Hate to be a kill joy, but sure you will have to issue a claim. Looking at your thread you are more than up to the challange. Good luck and best wishes, and if you need any help just ask.

 

Regards bish.

[bish]

Hi Again

So my next stage will be mcol or n1 can I complete this or will my sonneed to sign. Just like to keep 1 step ahead and be prepared on time . Not going to give any extra time unless in my favour. Always glad of any extra tips:rolleyes:

 

Hi Anney

 

As your son has given written permission to act on his behalf I do not see a problem. Concidering the amount of the claim I would be inclined to go down the N1 claim form rather than MCOL, as you can put a full schedule of charges with the N1 claim form that is not possible with the MCOL route. Best wishes.

 

Regards bish.

[bish]

Hi Anney

 

Just got a reply from Karnevil and srfrench putting my mind at rest, wife going in for major operation on 28/11/06, what with Christmas coming up was hoping to get this sorted before then. Just being a bit jittery, want this sorted ASAP, but in the hands of others as usual. Best wishes and patience.

 

Regards bish.

[bish]

Hi Anney

 

Looks like the standard reply to your prelim request, sorry to be a kill joy. Likely your son will receive a sorry letter from Abbey but they are in the right and will not be refunding any charges. As you have sent the LBA it will not matter anyway, so just ignore their fob off letters and keep plugging away. Keep to your time table as abbey will try to delay you. Until you start court action you will not get any positive response from them. Best wishes.

 

Regards bish.

[bish]

OK had a few glasses of wine but will try to put you on the right track. On the N1 form you put the total charges plus any interest incured due to the charges.You then add the 8% due to s69 of the county court act. When you issue your claim in court you can also claim a daily rate of interest worked out from your initial claim. So in my case I had a claim of :

 

charges = £6696.00 Interest = £352.11 interest @ 8% = £1141.42

 

Daily rate of interest = £1.55

 

total claim = £ £8189.53 plus costs + fees + daily rate interest £1.55

 

Hope this clears it up for you.

 

Regards bish.

[bish]

Hi Anney

 

It is prudent to assume that it go fast track, however when I filed my AQ I put fast track, yet abbey requested small claims track and the judge allocated it to the small claims track, even though my claim was for over £8000. Have a look at my post as I have put what the judge orderd, as far as I know no abbey cases have yet gone to the MC. I am sure abbey have not complied with the order in my case and so are in breach of the order. Which means I win I hope. Hope this helps Anney don't be put off by the amount or the course you might take the principles and laws still apply whatever.

 

Regards bish.

[bish]

Hi Anney

 

No problem, hope things progress well with your claim, need any help just ask. Best wishes.

 

Regards bish.

[bish]

Hi Anney

 

The Value and the amount claimed are the same figure, so that would be the total charges and interest due to those charges plus the 8% interest under section 69 of the county court act. So put that figure in where it says Value and the same figure where it says Amount claimed. Then add the court fee and any solicitors costs to reach a final amount. Hope that clears it up for you.

 

Regards bish.

[bish]

Hi Anney

 

No problem, I am from Essex originaly. Had some good news today I hope concerning my claim. I have had some contact with abbey regarding settlement, so fingers crossed for Monday. Seems Fast track or the threat of MC gets them nervouse.

 

Regards bish.

[bish]

Hi Anney

 

Yes you can put yourself as litigation friend and act on behalf of your son in court. Glad you have the N1 completed and best wishes with your case, I think your son has the best litigation solicitor he could want for. Not quite cut and dried with my case yet but fingers crossed. Obviously my mind is on the coming week with the wifes op, so not going to be about to much next week, but will keep you informed as to how things progress.

 

I was born in Romford, brought up in Rainham, lived in Harold hill and Canvey Island, before moving to Norfolk in 1995. My parents still live in Rainham, but not been able to see them or Essex for a while.

 

Regards bish.

[bish]

Hi Anney

 

Thought mine was big, Claim that is, Wowww. I would say that it should be allocated to the fast track due to the amount. I did expect mine to be but abbey requested that it be dealt with in the small claims track. The judge did allocate it to the SCC but I think it was more for my benifit rather than abbey. The courts are wise to all the banks little try and get me out of this tactics, and if you read my post you will see that the judge also put pressure on abbey and basicaly said multi track or stay.

 

Regards bish.

[bish]

Sorry did mean to say Gary is spot on with what he said, I do not think, and this is my personal opinion that any bank would go near the full disclosure court. In other words that is why they requested SCC in my case. If I were a judge I would be mighty p***ed off with the banks.

 

Regards bish.

[bish]

Hi Anney,

 

Well done, when I filed mine had to take it away and reprint it as made stupid mistake. Took it back and still had to tipex and alter it, all in the preperation. The clerks were very good, but still felt stupid. Best wishes.

 

Regards bish.

[bish]

I could only call them from the hospital and left a message. Had a message on the answerphone when I got home. I will give them a ring on Wednesday as to much going on at the hospital to worry about. I will give the court a ring as well, see what happened at the hearing, which is tomorrow. I am hoping the judge strikes the case out, as abbey have failed to comply with the order. However the Judge may give them more time to comply, as they must be seen to be fair. Although from all the cases being dealt with in the courts and the underhanded tactics used by the banks, patience of the courts must be wearing thin. I do know from the message I received that abbey are not attending the hearing. I am not sure wether to believe that or not. Only time will tell, keep you posted.

 

Regards bish.

[bish]

Hi Anney,

 

I think abbey are snowed under regarding your concerns.The response I had was to try and put me under pressure on the telephone, so beware. Get it all in writing before you agree to anything.My N1 was served on 30/08/06 and still fighting for it. Sure you will get it before the wedding, but they will try to put obsticles in your way.

 

Regards bish.

[bish]

Hi Anney

 

how are things, heard anything. Not heard a peep since sending a letter Monday.

 

Regards bish

[bish]

Hi Anney,

 

Know the feeling and glad you spotted the mistake early on, so easy to make mistakes when you are under stress. You like me and many others on this site could do with a better New Year. The wife is home and on the mend, gave her a day or so with her feet up before expecting her to clear the back log of washing up, washing, ironing, and cleaning. Sorry got to go as my expectations are never quite the same as the wifes, and she is to tired to use the remote control to turn the TV over. Only joking of course, I think she is already fed up with me keep nagging her to take it easy. She hung some washing out the other day while I was at work, she took each item out one at a time, can you believe that. Her consultant faired no better as she badgered him to let her out early, which he did, this is after having a bowel resection. You can see I have got my work cut out. Speak soon.

 

Regards bish.

[bish]

Hi Anney,

 

Well done in getting judgment by default, but think abbey will ask for set aside. I hope they don't so you can send in the debt collectors, which could be your next step. I think, as with my case, which is for a similar amount, that they are just using more and more extreme tactics. You may receive a request to settle out of court in the future, this is just another tactic to do you out of money. Do not agree to anything unless you are happy with it and have it in writing.

 

Regards bish.

[bish]

Hi Anney,

 

Call in two lots of Bailiffs, that should do the trick. I am not sure on the law regarding this but I would assume that If we owed the bank over £5000 pounds they would be able to recover the amount through debt collection agency. You could also issue a default notice against them an make them a bad debtor, not good for their credit reference or for that matter their lending licence. As I say I am not up on this, but whats good for them must be good for us. Not had any more communication with them regarding my case, so assuming I will have to submit a new AQ by the 11 January 2007. Wife is doing OK and on the mend. Think I will write to the judge after the 28 December pointing out that abbey have disregarded both the orders he/she has applied to this case and request their defence be struck out due to non complience of orders. I am tempted to push it in to the multi track and test case teritory as they have realy p***ed me off, and realy wan't the banks to own up to their lies.

 

Regards bish.

[bish]

Hi Anney,

 

I am assuming that you have checked with the court that they have had nothing from abbey, in which case you do not need to contact them. The Judgment will be issued and sent to the defendant by the court. I think they then have a period in which to settle the amount, if they do not comply you then send a request for enforcement to the court, form N323 Request for Warrant of Execution, there is a charge for this. I would hope that they will pay on receipt of the judgment.

 

Regards bish.

[bish]

Hi Anney

 

Filed my second AQ with new draft directions today, copy sent in post today along with letter I posted in my thread, to abbey. See what happens and keep you posted. I think they are drowning in the flood and just dealing with the most pressing cases, hence you and cross1217 have had no settlement offers or GOGW. I can not see why they would adopt different approach to your cases, so just sit tight. It can be more frustrating when they do send you GOGW and offers, as you know you are not going to accept less than 100% so it just drags things out, as in my case and a number of others. Just want to get the bundle of now so know nearing the end.

 

Regards bish.

[bish]

Hi Anney

 

I just sent the copy AQ with draft directions attatched by post. They had already said in the letter with the microfiche statements that they were writing to the court to extend stay period for 3 weeks. So I am not expecting them to file an AQ as directed by the court. However in the AQ under other information I stated that I had not agreed a further stay period with the defendant, which was orderd by the judge, so will wait for the judge to decide. I think that abbey play by their agenda and get you to do the same, so play them at their own game. Set your own agenda, play along with them but follow what you think is best for you. Fax if you think it is to your advantage, abbey are trying to trip you up, as long as you abide by the court procedures don't worry how and when they get the AQ, as long as they get a copy. Remeber they are the defendant not you, its up to them to prove their case in court, well at least on the balance of probability.

 

Regards bish.

[bish]

Hi Anney,

 

Agree with Michael, let them have it. Although I have taken a leaf from their book, get it there at the last moment. Sent mine at the same time I issued my second AQ at the court on the last day to issue, hope it keeps them on their toes.

 

Regards bish.

[bish]

Hi Anney

 

Seem to have started something here, my own perspective on the costs point is that, the banks do not want to go into a court room, and the courts would love to get a case into court room. So who has the courage to go their, some one over the £5k mark who may then get allocated to fast track or mercantile. As the banks will not enter the court enviroment, and costs are decided at the end of a case, my belief is that you could in theory, and under the right circumstances put in a rediculouse claim for costs and get paid out. Who wants to take the risk. Not me, but I will be putting in a claim for expences if the try to settle.

 

Regards bish.