Lurker1 v Abbey

[missphant]

usually the hearing date is about two to three months after you receive letter. once all AQ's are filed and so on it takes about three weeks for them to send you a letter with a hearing date.

 

judge gave me two hours slot for mine

[lurker1]

yeah you are right I need to be sensible - damn I was having some fun as well, I will try to compose a more grounded email back to her.

 

Allocation questionnaires were to be in today, both myself and the shabbey have returned them, just waiting for Abbey to send me a copy of theirs - so its now down to when a judge is available to look at it and decide on a hearing etc anyone any ideas on timescales, I am guessing this will drag on for a few months yet.

[missphant]

court bundle is due in at least two weeks prior to hearing date so you'll need to start putting that together. (PM me if you need help - or put your query on thread). about a month to three weeks before hearing send letter to judge requesting disclosure of costs from abbey

[missphant]

just waiting for Abbey to send me a copy of theirs .

 

i'll eat my hat if they send you a copy of their AQ!!

[Lula]

LOL, so will I!!!

[lurker1]

Damn so I have stil got two to four months till the hearing

[natwesttookmymoney]

Did you ask for standard disclosure? That's always a way of speeding things up. But i doubt it will get to hearing. we're finding, with NatWest, that settlement is usually about 33 days after AQ. But don't depend on it, either way!

Westy

[natwesttookmymoney]

Hi, Lurker

Now I've stopped giggling, I have a sensible suggestiont o make regarding your wording to Abbey.

 

Dear (Abbey)

 

(reference - a/c no., etc)

 

Thank you for your recent communications.

 

I am surprised that you have even asked me to 'make you an offer' in connection with this matter. May I remind you that I am the Claimant. If you, as the Defendant, wish to make me a sensible and realistic offer to avoid the costs, inconvenience and potential embarrassment of a court appearance, I will be prepared to entertain it. I will expect that you would provide me with details of your actual costs incurred in dealing with these matters, in order that I can arrive at an informed view on the amount that should be returned to me, if you propose less than my total claim.

 

What I am not prepared to do is enter into spurious and protracted negotiations that will, on past experience, merely waste time and introduce further delay. I have given you plenty of opportunity to enter into serious negotiations. You have failed to take any opportunity offered to you, even to the point of ignoring legal action. Nonetheless, I am prepared to offer you the chance to settle my claim before the court date.

 

If you would be kind enough to forward your offer to me, in writing, together with accurate details (I put you to strict proof on this) of costs incurred in dealing with the cheque referrals, direct debit and standing order refusals, 'account management fees' and any and all other charges levied against my account, then I shall consider it. Any offer you make should recognise, in addition, expenses I have already incurred, including court costs and execution of the bailiff's warrant.

 

What I will not do is delay the timetable of action any further.

 

Yours sincerely/faithfully.

 

 

Whaddya think? Butch enough?

[Glenn UK]

i'll eat my hat if they send you a copy of their AQ!!

 

Does this apply to all abbey claims?

 

If so start eating your hats girls!!!

 

Glenn

[Lula]

I never got a copy of their AQ, and i don't expect I will get one for my current claim either and I bet that Missphant didn't either

[missphant]

nope i most certainly didn't!!! thought it quite rude that we send them duplicates of everything and they can't be arsed!

[Lula]

Hi, Lurker

Now I've stopped giggling, I have a sensible suggestiont o make regarding your wording to Abbey.

 

Dear (Abbey)

 

(reference - a/c no., etc)

 

Thank you for your recent communications.

 

I am surprised that you have even asked me to 'make you an offer' in connection with this matter. May I remind you that I am the Claimant. If you, as the Defendant, wish to make me a sensible and realistic offer to avoid the costs, inconvenience and potential embarrassment of a court appearance, I will be prepared to entertain it. I will expect that you would provide me with details of your actual costs incurred in dealing with these matters, in order that I can arrive at an informed view on the amount that should be returned to me, if you propose less than my total claim.

 

What I am not prepared to do is enter into spurious and protracted negotiations that will, on past experience, merely waste time and introduce further delay. I have given you plenty of opportunity to enter into serious negotiations. You have failed to take any opportunity offered to you, even to the point of ignoring legal action. Nonetheless, I am prepared to offer you the chance to settle my claim before the court date.

 

If you would be kind enough to forward your offer to me, in writing, together with accurate details (I put you to strict proof on this) of costs incurred in dealing with the cheque referrals, direct debit and standing order refusals, 'account management fees' and any and all other charges levied against my account, then I shall consider it. Any offer you make should recognise, in addition, expenses I have already incurred, including court costs and execution of the bailiff's warrant.

 

What I will not do is delay the timetable of action any further.

 

Yours sincerely/faithfully.

 

 

Whaddya think? Butch enough?

 

I like it, tough and manly, what are the odds on receiving an answer to this? LOL I think it will be "cheque is in the post"

[natwesttookmymoney]

"I like it, tough and manly"

 

I am, Lula, I am.

 

westy

[Lula]

this is where you tell me that you are a girl isnt it :o

[natwesttookmymoney]

No, that comes later, in a Bangkok nightclub.

:D:D

[Glenn UK]

I never got a copy of their AQ, and i don't expect I will get one for my current claim either and I bet that Missphant didn't either

 

Lula

 

I got one for my claim against abbey, mind you it was nearly a month late and only after the court ordered them to fill it out or risk being struck out.

 

Glenn

 

PS does this mean theres going to be a hat eating contest between you two now?

[Lula]

Well about a day after the AQ was filed we can to an "arrangement"

[lurker1]

Thanks natwesttookmymoney I used that and sent it over - not expecting much in reply from Inga but you never know.

[lurker1]

I did request standard disclosure in my allocation questionnaire, and also sent in a CPR18 request for further information (break down of charges etc), I pressed Inga and asked if they would reply to my request and after several calls and emails she said they wouldnt and referenced me to CPR27 (dont have to if issued to small claims track) - I came back and said the case hadnt been issued to any track as of yet - to which she replied "I cant provide you with legal advice" - very strange reply, so now I am writing again to the Judge requesting the court orders them to answer the CPR18 or again request they order standard disclosure - hopefully this will speed the response up from the lovely lady at Abbey.

[Lula]

Well, disclosure isnt automatic in the SCC, but should you ask it, the judge will generally grant it, so ya boo sucks Inga!!!

[lurker1]

Thanks Lula any ideas on how long Abbey would have if the judge ordered standard disclosure or the cpr18 request - would it be 14 days??

[Glenn UK]

Lurker

 

FWIW i wouldn't be surprised if the court didn't order them to comply if the case is allocated to the SCC.

 

Since CPR 18 would only apply as you know to fast track or higher and we are supposed to write to the other party before requesting the courts to make the order.

 

I suspect that the court would only order compliance if they felt that the request was a genuine request based on 'clarification and further information' on the defence and that the case was going to be allocated to the fast track.

 

i think you need to make a formal request using a suitable form (N244?) before they will act anyway.

 

If they do accept the request then i suspect the time they give the defendant would be based on the information requested.

 

Be interested to know what they may have done in other cases, i think that those of use who have served CPR18 requests on defendants are acting as guinea pigs on this one.

 

I haven't had a response from the two defendants i have served them on.

 

Glenn

[natwesttookmymoney]

The courts increasingly seem to be aware that ordering standard disclosure has a habit of geeing the banks along to settlement, so you may well be lucky and have a judge who will do that.

I believe that if you've asked for standard disclosure under Section G(?) - isn't in front of me @mo) that is normally sufficient but the court will tell you if they want anything else.

Glenn - have you chased the two you've served CPR 18s on, either directly or through the court?

And lurker, you're very welcome. Glad it was useful.

Westy

[Glenn UK]

Westy

 

the first was to abbey via dla piper. apart from when piper submitted the defence i hadn't heard anything from them despite writing several letters including chasing CPR18 request. I have no idea formally whether abbey are defending themselves or leaving this to DLA piper since they haven't complied with the relevant CPR in that respect yet. Only letter Ive had from abbey was a threat to ask for costs if i asked the court for their defence to be struck out, nice!!

 

They may do since i have pointed it out to them and copied the courts in too, you'd think they could organise this between two law practices wouldn't you?

 

The second CPR 18 request was for Barclaycard and i am not certain the time frame mentioned has expired yet, will check and chase as necessary.

 

Interesting comments about the standard disclosure, i have asked with the abbey claim since this has gone the furthest i have the B/Card AQ to do this weekend so will add the appropriate information in there.

 

Glenn

[natwesttookmymoney]

Hi Glenn

 

Have a look at the NatWest forum. There are a few who've asked for standard disclosure and it has speeded things up. Also, a big supposed 'test case' hearing at the Mercantile Court in Cardiff on 21 December has led to a flurry of cheques arriving over the past few days, from LTSB, NW and BArclays and others.