Karish v Abbey

[Lula]

Hi Karish,

 

It doesnt matter if you put Without Prejudice on your claim as if their letter already had it, it extends to your reply, you are doing very well, so keep up the good work

[Karish]

Can Anyone help me. I am in the process of trying to fill out my allocation questionnaire I have read the thread about allocation questionnaires. My question is What is the difference between standard disclosure and the draft order for allocation questionnaires? Also I want to use the draft order for allocation questionnaires because it sets some shorter deadlines for response from Abbey. Where on my AQ do i put the sentence that refers them to this draft order? Sorry to sound vague but I am a bit confused about this. :confused: :confused:

 

Thanks in advance for your help guys.

 

Karish

[Karish]

Please can anyone help me with my previous post#28?

[bp]

hi not ignoring you will be back in a while with an answer for you. I understand about the draft order just need to know more about standard disclosure so i can explain it better. back soon

[bp]

hi. i've had a bit of a read and as far as i can understand, you only really get standard disclosure in fast/multi tracks if your claim is allocated to small claims track then the only person who can request disclosure is the judged. Standard disclosure means that the defendant will have to supply documents with which they wish to rely on such as their charges calculations and since we know the charges are disproportionate, the banks are not going to do this.

 

The draft order is something you can pass to the judged who will then decide to take it on, it speeds up things as it asks for all parties to provide all their documents within 14days it saves on a lot of time both for the claimant and the courts. I suppose in a way, its just about what the courts can do since they can't force the banks to turn up in court!

 

does that help? would you like the link on disclosures?

[Karish]

thanks for that information,it would be great if you could send me the link.

Do i just add the draft order as an additional sheet to my aq

[bp]

PRACTICE DIRECTION – DISCLOSURE AND INSPECTION - THIS PRACTICE DIRECTION SUPPLEMENTS CPR PART 31

 

hers the link for you.

 

And yes, you need to attach the draft order on a separate sheet but just mention it in your form.

[Karish]

Thats Great. Thank you for your help.

[Karish]

Ok. I understand what I have to do now. But before I send my AQ off can I just check one more thing?

 

On the draft order there are four things that I will have to provide within fourteen days.

 

A and B are self explanatory.

 

Where do I find.

 

C. A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalities or otherwise.

 

D. Copies of decided cases and other legal materials to be relied upon.

 

I prefer to know where this information is before I commit myself to saying that I will provide it in 14 days. Any help will be greatly appreciated:D

[bp]

hi karish, sorry for just posting the link but theres quite a bit of info in here and you'll need to save it on your computer. In answer to your Q please have a look at post 4 and 5 on this link.

 

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

[Karish]

Thank you very much. I will print it off and read it tomorrow.

[Karish]

I filed my allocation questionnaire yesterday. It feels good to know that I am nearer to getting my money back. I sent a copy to James Arrandale as well with a little note giving him the opportunity to settle in full. I will let you all know how I get on.

 

Byeeeee

[Karish]

Hi everyone. I still have not heard anything about a court date yet. Also I am feeling a little fed up. When it goes quiet doubts start to set in. I am really at a point of no return but as it stands now Abbey have written to me to say that they will be reducing my overdraft by £900 on 1st June. This means that they will be putting me back in a position whereby I will be incurring charges. I have been really pleased lately as since I have opened my parachute account I have not had one single charge. Does anyone have any suggestions?

 

karish:(

[Mad Nick]

Karish, it's almost certainly a disconnect - the Debt Management people don't know there's a pending claim. I had similar (threat to remove overdraft if I didn't restart regular payment in). So I wrote to the Debt Management people (assume that's who wrote to you too) saying I'd restart regular payment (didn't even tell them how much, but it was about 3% of the overdraft per month) and stating claim number and mentioning the Triton Sq legal people by name, and suggesting they took into account that the balance is in dispute before taking any action on my overdraft. I copied the letter to the legal people. That was around Xmas and I never heard another dicky-bird. And the beauty of it is that you can still draw on the regular payment you make - you just need to avoid your account showing up as an unserviced "bad debt" on their computer. Regards, Mad Nick

[mariejader]

Hi everyone. I still have not heard anything about a court date yet. Also I am feeling a little fed up. When it goes quiet doubts start to set in. I am really at a point of no return

 

Hang in there I am sure you will hear soon from the court, they are snowed under so things are taking longer.

 

Just think the longer it takes the more you get as the interest is growing daily.

[Karish]

Thanks for that Nick. I have been making regular payments so I will write to them again.

[Karish]

Hi Everyone. I have received a court date for 17th July. I am also pleased that the district judge has taken on board my request for a draft order for directions. Following is what my order states.

 

The claim has been allocated to the small claims track and should take no longre than 30 minutes.

 

The claimant shall within 14 days of the service of the order to the defendent nd the court.

a. a schedule of charges setting out each charge repayment of which is sought, showing the date, amount and reasn given (if any) for that charge being made.

 

b. Copies of any statement or other document relied upon as showing that each and every charge has been made.

 

I am being cautious but I am sure that this means that my case should be settled within the next 28 days. I m going to prepare the information to post after the bank holiday. I really could do with a little re-assurance on a couple of things.

 

1. Is it ok to use the template statement of evidence in Gary H post and just adjust it to suit my claim with Abbey?

 

2. Is it ok to use the template witness statement in Gary H post and adjust it to suit my claim?

 

3. Is this information more or less the same as the court bundle?

 

4. With regards to the bbc commission conclusion and australian default charges report is it sufficient to put he links in my pack or do I have to print out the whole document.

 

I await a response from someone who can help. Thanks

 

Karish

c. A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalities or therwise

 

d. Copies of decided cases and other legal materials relied upon.

 

e. A witness statement.

 

 

The defendent shall within 14 days therefater file and serve a response to the claimants schedule stating in respect of each item claimed.

 

a. Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon.

 

b Whether such charge is accepted to be a penalty, and if not why not.

 

c. If such charge is alleged to be a pre-estimate of the defendents loss incurred by the claimants actions (whether or not such action is treated as a breach of contract between parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the trus cost of dealing with the matter was;

 

d. If such charge is not alleged to be pre-estimate of the defendents loss incurred by the claimants actions then fact and matters intended to be relied upon showing the basis upon which the chargs was calculated and all evidence to be adduced at trial as to show taht the charge was fair and reasonable.

 

e. Any witness statements.

 

f. Copies of decided cases and legal materials to be relied upon

[Karish]

Well I have completed the collation of my documents for my court bundle. I will take them to the court tomorrow. Abbey now have fourteen days to provide a response to my schedule stating in response of each item claimed.

 

 

a. Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon.

b. Whether such charge is accepted as a penalty. If not why not.

c. If such charge is alleged to be a pre-estimate of the defendents loss incurred by the claimants actions(whether such action is treated as breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

d. If such loss is not alleged to be a pre-estimate of the defendents loss incurred by the claimants actions then fact and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

e. Any witess statements

f. copies of decided cases and other legal materials to be relied upon.

 

Some how I think that they will not want to comply:rolleyes:

 

Also I e mailed Inga to see if she wanted to settle. I await her response.

 

Bye for now folks

 

Karish