Advice wanted Maniac886 V Shabbey

[maniac886]

I just have a quick question in regards to my other abbey account.

 

Basically I sent the Prelim on the 27 Nov, then the LBA on the 11 DEC. They have sent a response in regards to the Prelim which i recieved on the 22 dec. They have offered me a lousy gogw payment. My question is what shall i do next....as they have not responded to my LBA(deadline has passed) shall i file the claim and take off the GOGW payments....also do I need to send them a response??

[maniac886]

bump ...anyone please??

[cross1217]

Yes, I would file your claim and also send a letter accepting payment as a part refund only. There is a template letter on the site to help you with this. Take the GOGW offer from your latest charges and you will need to complete a new schedule for court - 3 copies required . One for the court, one for Abbey and one for yourself.

 

Good luck, Cross1217

[maniac886]

I am unsure of what to do with my joint account, as they owe me only £80. Anyway here is the letter that I am going to send:

 

Response to settlement offer.

 

Dear Mr. Fielding,

 

Thank you for your letter dated 20/12/06.

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totaling £210.

 

I will accept the sum of £130 offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim.

 

My letter before action sent previously indicates that you had until 25/12/06 to respond before Court action commences. As this deadline has now passed I have no other choice but to file a court claim.

 

Please find enclosed the schedule of charges which have incorporated the £130 refund which has been made. This schedule will be used with my court claim.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

 

Is this ok.....if so i will do a claim via mcol either today/tomorrow.

[maniac886]

bump...anyone?

[Glenn UK]

looks fine to me maniac.

 

Glenn

[maniac886]

Hi there, in regards to my other abbey account in the OP, Abbey have filed a defence as of 28 dec. They have also sent me a copy of this. I would like to ring the courts and check if the aq has been posted.....which one should i ring, my local one or the standard northampton which has been used in my claim?

[Michael Browne]

The AQ will be sent from your local court once your case has been transferred from MCOL.

[maniac886]

Thanks Michael, I shall wait for it in the post!

[maniac886]

Hi,the AQ arrived through the post this morning, but I would like to ask a few questions:

 

1) Is it worth me sending a draft order as my claim is only around the £350 mark?

 

2) If i send the draft order and the judge agrees to it, how long from when he agrees do i have to get the relevant documents ready to send to him(mostly contained in the basic court bundle)?

 

Thanks

[maniac886]

Just bumping!

[Glenn UK]

oops double post

[Glenn UK]

Hi,the AQ arrived through the post this morning, but I would like to ask a few questions:

 

1) Is it worth me sending a draft order as my claim is only around the £350 mark?Its always a decisions for the individual, but personally i would, it seems to me that theres a good chance it will bring the claim to an early closure in your favour should the court be minded to grant it.

 

2) If i send the draft order and the judge agrees to it, how long from when he agrees do i have to get the relevant documents ready to send to him(mostly contained in the basic court bundle)? Probably 7 - 14 days, if i was doing open i would prepare the bundle and offer to send it straight away.

 

Thanks

 

JMHO

 

Glenn

[maniac886]

Cheers Glenn,

 

Just one more question;

 

I know i have to send both draft order and AQ to my local court, but what do I have to send to abbey?.... do i send them a copy of everything?

[Glenn UK]

Its normally a matter of courtesy to send agree the AQ with the opposition before submitting them, i never did and havent heard of many who have and i dont suppose the bank would agree to the draft order either!

 

I sent a copy of my AQ to the defendant when i submitted it to the court, i think you should do the same with a copy of the draft order.

 

JMHO

 

Glenn

 

S

[maniac886]

Thanks I have sent a copy of the aq and draft order to the courts and abbey.

 

Can I ask can I claim for expenses?Someone mentioned £9.25 p/h but at which stage should this be mentioned?

[cross1217]

Yes, I would make a speadsheet up of your costs, printer, postage, hours researching etc. Your original claim to the court will have mentioned that costs would be claimed and they are claimed and agreed in court once the case has been found in your favour. Or, as I see happening with others as the banks agree to settle out of court - an informal agreement is reached with the Bank to compensate you for costs. Be careful not to go silly on this - reasonable expenses only.

[Glenn UK]

Thanks I have sent a copy of the aq and draft order to the courts and abbey.

 

Can I ask can I claim for expenses?Someone mentioned £9.25 p/h but at which stage should this be mentioned?

 

Generally you cannot claim expenses in the small claim court other than the cost of brinign the action.

 

However, the court has the power to award costs based on unreasonable behaviour of either party shoud it so wish.

 

In truth unless it gets to a court hearing this is a long shot, but hey add it to any schedule you send the other side for settlement of your claim and let them argure against it.

 

I doubt they will pay it and i definitely wouldnt try going to court over it, other than the cost of submitting the claim, so its up to you.

 

If the claim is in fast/multi/mercantile court then costs can be awarded.

 

HTH

 

Glenn

[maniac886]

I was really just thinking of costs like printing/copying and costs to send letters....I always send recorded so it costs me £1 each time....I have send at least 30-40 letters to abbey!

[cross1217]

Apologies Glenn. I note your comments. I assumed that Maniac was fast track ??. .

[Glenn UK]

I was really just thinking of costs like printing/copying and costs to send letters....I always send recorded so it costs me £1 each time....I have send at least 30-40 letters to abbey!

 

 

as far as i am aware you can only claim the court fees back in small claims court.

 

HTH

 

Glenn

[maniac886]

Just an update. I posted the allocation questionnare and draft order to my local court about three weeks ago. I rang the courts today to get an update and they said the judge would get back to me within 7 working days!

 

Suprised Abbey havn't caved in yet cos the claim is only for around £350!

[maniac886]

I finally obtained a reply from the judge, remember I sent in both allocation questionnaire and draft order;

 

DISTRICT JUDGE JONES has considered the statements of case and allocation questionnaires filed and allocated to the small claims track.

 

1. This claim be allocated to the small claims track

 

2. Parties shall file and serve the following not later than 4pm on 2/3/07

 

(a)The written statements of evidence of any witness whose evidence is relied on in support of defence of the claim

 

(b) Copies of any documents which a party proposes to rely on

 

3. The hearing will take place......

 

4. It is important to comply with these directions.Failure to do so may result in the hearing being adjourned or the claim or defence being struck out.

 

Does this mean the draft order has been accepted? If it has/has not been accepted what documents do I need to send to the courts?

 

Thanks

[maniac886]

bump...anyone?

[maniac886]

please...guys!