Anney63 v Abbey *** WON ***

[anney63]

Hi Bish

Hope all goes ok with your wife maybe you'll have some good news to take to her when you visit. I've just had a call from my son he has had a letter from Abber in response to my preliminary letter saying they are looking into and will repond by 27th . I had already sent LBA so Ni will be due around 27th. We'll see. Looks like I got quite a quick response when I look at other threads. Good Luck again Bish and to your other half

A

[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.

[anney63]

Hi Bish

Trying to be one step ahead looking at N1 Particulars of claim. Do you actually put the total of your charges plus the the interest paid on penalties, and then add the spreadsheet with the 8% on or do you claim the total to the date of N1 and add the daily figure on the form. Bit confused I have the 2 spreadsheets 1 with the charges and interest paid on charges. another with 8% which adds nearly 2k to the claim plus the daily figure. Really don't want to get it wrong at this stage.

[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.

[anney63]

Hi Again

Absolutely no response at all as yet from Abbey . Letter received was re Credit Card (MBNA) nothing to do with this claim. Is this the norm?. Due to complete N1 Friday taking it to court personally on Monday. Just find it odd that nearly a month and no response at all seems like either very disorganised ,extremely rude. They really don't have a clue do they???

 

[sarah13]

Hi Anney,

been reading your progress with interest. I am a few steps ahead of you, i filed my N1 at court and have a hearing date in december.

 

I think the thing with most of the banks especially Abbey is that they want to keep refusing as long as possible and make it as ackward as possible for you, even if it costs them more in the long run. It does seem silly but maybe their strategy works sometimes by discouraging people from continuing with their claims! My husband would be one of those! its lucky he has me and your son is lucky to have you too. Keep up the good work and good luck!

[anney63]

Hi Sarah

Thanks for you encourangement. I know this will go fast track total will be over 9k with interest. Nice wedding present though if all goes well. I'm just a bit concerned reading about these test cases in the Merc court. When are they happening a bit frightening really but still will keep going. Hopefully any test cases will be useful .

 

AnneY

[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.

[anney63]

Hi Bish

Thanks again always there with those kind words of encouragement.

Anney

[bish]

Hi Anney

 

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

 

Regards bish.

[anney63]

Hi Again

Still confused getting N1 prepared happy with Particulars of Claim but a bit confused . You have to put Value in and then at the end a Total plus costs etc. So do you put the total including the 8% to the date you file your claim in the Total Box or the original amount claimed before 8% if so what do you actually put by the Value the total plus s69 interest as per your previous mail . It's probably me being thick but don't want to get it wrong.

[anney63]

Hi Again

Sorry it's the difference between what you put as Value and what you enter as Amount Claimed I'm confused with.

[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.

[anney63]

Thanks Bish yet again a quick response.

[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.

[anney63]

Hi Bish

I do hope is good news it would bve so good for your other half to have this sorted brfore 28th . I will keep fingers crossed what part off essex were you from. I have tonight completed N1 so raring to go . I not that it has at the bottom Litigation Friend. So will have a word with the Court on Monday to see if I can take over. My son is coming with me As Chelmsford Court is not far and I have a good boss who has allowed me to be late in. Once again Bish the very best of luck

Anne

[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.

[kippy2]

Hi Anney

 

It is prudent to assume that it go fast track,

Regards bish.

 

 

not always depends on your judge. mine was supposed to be in fast track but he put it in small claims :Djust like bishes claim

[GaryH]

Just one small point - A litigation friend whould only sign the forms on behalf of the claimant if the claimant was phsically or mentally, or otherwise, unable to do so. If this is not the case the claimant would be expected to sign them hiself. This will not stop you representing your son in the unlikely event that the claim reached court. You would act as his lay representitive. Lay reps can actually be appointed on the day of the hearing itself, but a good time to inform the court of this intention would be on the 'other information' section of the AQ.

 

Kimmy,

 

Yes, the judge may allocate to the small claims track dispite the value being over the threshold. I would still say that overall this is probably unlikely though and Bish is absolutely right to say that its prudent to expect the fast track. The fast track though, IMO, is nothing to fear and the potential risks have been overstated on this site at times, although it is important to recognize that the risk is there. In the highly unlikely event that you actually had to go to court and you then lost, costs are not automatically liable. The judge would have to order them against you. As its a case of a litigant in person v a multi national company, this is again very highly unlikely.

 

Also remember that standard disclosure is availible on the fast track. This makes the chances of actually getting to court even more remote than usual.

[anney63]

Hi All

What would I do without all your help. We're off to the court with the N1 on Monday then the fun begins. Obviously I will need help step by step. I keep reading every night when I get home from work. I have forgotten what it's like to read a novel or magazine .Forms look so professional filled in on line must worry Abbey and know we all mean business. Even have court bundle ready so can highlight things as they come to light a bit scared but as you all seem to think chances are good I have to have a go.Thanks again

Anney

[anney63]

Hi Again

Forgot to say Total Claim including court fee is now £9535.95 WOW!!!! Wedding will be paid for if won

[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.

[anney63]

Hi All

Well N1 filed clerk complimented me on preparation which was good.Used form on site really looked the business. Will keep you updated.

Anney

[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.