Paul V's Abbey

[Mad Nick]

firefly, I got the same from Marc Winder at the same stage and I just replied saying that the their letter did not address the issues associated with my claim, especially providing a breakdown of the costs associated with each breach, so they had left me with no alternative to proceeding with Court action. I provided an updated schedule and highlighted the new interest figure. Best to reply with something.

 

MCOL is limited characters and you still have to send your schedule by post to be joined up with the e-claim. If you can't get to the Court in person, I would just post it. If you go, you only hand it over a counter and walk off again. Don't forget to enclose a cheque for the fee (which depends on your claim).

 

As for the GOGW, As you say, just subtract it from the total but make sure it's clear that you have.

I dont see why i should lose out by removing charges (and thus interest) when they have given no indication of which charges these are that they refunded.

If you subtract it at the end you're just removing a figure - don't worry, you're not being conned.

 

Also, many here have mentioned claiming 49 hours at £9.25 per hour for my time as costs. Where do i place this on the claim form or does this come in later?

Later (when it comes to settlement)

Regards, Mad Nick

[firefly1975]

Thanks Nick... Very helpful

[firefly1975]

On friday (9th) I filed my N1 at the local court. Just like to say how helpful the court staff were, going through my form and assuring me i was doing the right thing.

Also the speed at which they work as saturday (10th) morning i recieved a letter from the court saying that my claim had been filed and would be deemed served on 11th feb (today)

 

Interestingly the letter says i filed the claim on the 9th, yet apparently theyu sent it to abbey on the 8th.... ??

Abbey now have until the 26th feb to reply.

 

 

On returning from the court on Friday i found another letter from Marc Winder on my door mat.

This was simply another letter apologising for the delay in investigating my claim and reassuring me that my complaint is important to them.

 

This is annoying as i have allready replied to Mr winder's last letter reminding him that a Mr daniel Holmes had allready carried out a full investigation of my complaint and as such i would stick to the schedule laid out in my LBA (i actually went a couple of days over before filing my claim) .

 

Do you think i should reply to Mr Winder again or just leave it, now that i have filed the claim?

 

Cheers

 

Paul

[firefly1975]

New update.

 

After filing my N1 on 9/2/07 I received an aknowledgement of my claim on 26/2/07.

 

Today (9/3/07) I received a letter from abbey including a defence and a "without Prejudice" settlement offer of 50% of my claim as full and final settlement without admission of liability.

 

Now obviously I'm noy going to accept that offer, but do I respond to the letter rejecting the offer or do I just let the case proceed along its natural course ?

 

What do I expect next ?

 

Cheers

 

Paul

[Michael Browne]

See here and choose the most appropriate,amending where necessary:

Rejecting Offers

[firefly1975]

Thanks Michael, i'll have a look through those

[firefly1975]

Hi,

I sent a letter rejecting abbeys 50% settlement offer.

 

I now have untill wednesday to hand in my allocation questionaire.

This looks fairly straight forward except for section G: Other Info

 

Ive had a look through the site and whilst some are filling out section g on its own and some people are filling in section G and adding a draft order as well.

 

can anyone please advise me on what to put in this section and whether i need to add a draft order or not.

 

Really dont know what i'm doing with this sectiopn

 

Any help much appreciated.

 

Thanks

 

Paul

[Michael Browne]

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

 

Attach Draft Order as per post #2 (with your details)

Passage from post#3 in Section G.

[firefly1975]

thanks michael,

 

Do i just copy those passages.. I dont need to change anything (bar my details)

 

Also, My letter from the court doesnt mention sending a copy of the AQ & attachments to the defendant. It just says to return the AQ to the court.

 

Do I have to send it to abbey as well? If so does it matter if abbey recieves it by the date specified by the court?

 

Sorry for all the questions and thankyou for your help

 

Paul

[Michael Browne]

Do i just copy those passages.. I dont need to change anything (bar my details)

 

Yes, but read them through so you know what you're putting. Never just slavishly copy anything.

 

Also, My letter from the court doesnt mention sending a copy of the AQ & attachments to the defendant. It just says to return the AQ to the court.

 

Do I have to send it to abbey as well? If so does it matter if abbey recieves it by the date specified by the court?

Copy to Abbey is not a requirement, just a courtesy

[firefly1975]

Thanks,

 

Ive read it through and think i am up to speed with most of it.

 

One thing i'm not sure of is where the draft order states that within 14 days of service i will supply the required documents (which im pretty ok with, a couple of questions later).

 

Does that mean 14 days from when i submit the AQ or 14 days from when the judge has looked at it... If the latter will I be notified of the date i must comply with my draft order by?

[Michael Browne]

14 days from when the judge has looked at it... If the latter will I be notified of the date i must comply with my draft order by?

Only if the judge agrees to it (he may not) and yes, you will be notified

[firefly1975]

thanks Michael, you've been very helpful. I feel ok to get that filled out now.

 

cheers

[firefly1975]

Update,

 

After Michaels helpful advice I filed my AQ on 28th March.

Today I received a letter from the court which has left me totally confused :

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

 

General Form of Judgment or Order

 

16 Apil 2007

 

Upon reading the court file

 

IT IS ORDERED THAT

 

Unless the Defendant serves and files the particulars indicated at paragraph 6 of their defence of 7 March 2007 within 14 days of service, defence is struck out and permission for the Claimant to enter judgement for the sum claimed.

 

Dated 30 March 2007

 

 

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

 

 

Any ideas whats going on here, If I need to do anything, why the date of the letter and the date they wrote at the bottom are different etc

 

I expected the next thing to be directions to file my court bundle and a hearing date... Instead i got this letter that has me a little confused.

 

Is this normal.

 

Thanks for any help you can offer.

 

Cheers

 

Paul

[Michael Browne]

What exactly does para 6 of their defence say?

 

If they don't comply by 30th April their defence is going to be struck out.

[firefly1975]

Paragraph 6

 

The Claimant has overdrawn or exceeded authorised overdraft limits on the account on a number of seperate occasions, full details of which will be provided on disclosure. Therefore by virtue of the conditions referred to in paragraph 3 above such overdrawing was unauthorised and in breach of contract and the claimant became liable to pay fees to the defendant in accordance with its tariff of charges applicable at the relevant time. In accordance with the conditions, such fees were debited to the account.

 

 

(para 3 they refer to basically says at all times the account has been subject to the applicable terms and conditions which form part of the contract betweem the abbey and I which i agreed to on opening the account)

[firefly1975]

I also dont understand why this is coming up now, the defence was filed on 7th march and both the abbey and myself have since filed our AQ's on 28th march.

[Michael Browne]

Ok I've never seen a court ask for this before, All i can think of is that the court, pi**ed off with the banks, is effectively saying to abbey 'if you're serious about this, you're going to have to jump through a few hoops'.

 

Chances are you'll get an offer soon.

[firefly1975]

Thanks Michael.

 

I'll give the court a ring tomorrow to see what they say.

 

Allthough this on one hand is good in that the court is making abbey work.

What hes asked for is simple enough for them to supply.

As such it seems that maybe this actually only serves to give abbey a bit more time

[firefly1975]

Just reading another thread, Should i have received a copy of abbeys AQ?

 

If so, who from... Abbey or the court?

[Mad Nick]

What a pearler. No way will Abbey dare to submit anything because it'll either incriminate them or if it's incomplete they'll being starting to dig a hole for themselves. Anticipate a phone call or letter offering full settlement (or a negotiation) in the next 10 days. Forget Abbey's AQ - irrelevant. Regards, Mad Nick

[noobrider]

not really needed to be honest it wont tell you anything you dont already know

[firefly1975]

Thanks alot guys, Though i still have a few concerns I'm much happier about this now.

 

Cheers

[firefly1975]

Well I phoned the court today and am back to being concerned.

 

Basically asked him to explain the route this was taking and why the judge wanted to know from abbey details of when i went overdrawn.

The court said because if they show i was overdrawn then the charges are fine... I said the case was about whether they were fair not whether i was in a position that warranted me to cover their costs... He said it didnt matter.

 

Maybe he was jus having a bad day... Have to wait and see now.

[Dozerblue]

I have just served Abbey with my N1, so will be watching with interest the outcome of this, can't see how it makes a difference, but who knows....would be interesting to know if anyone else has received the same.....good luck firefly