nabby68 vs abbey

[nabby68]

any help anyone??

[nabby68]

anyone

[tinkerbella22]

Hiya,

I think this is a pretty standard letter.

I wrote back to them providing them with another copy of the schedule of charges, this time with the interest on and also provided them with contact details.

Think theyre just trying to stall....

 

Tink x.x.x

[nabby68]

thanks tinkerbella, i was getting a bit desperate as you can see from my previous posts!

i will do as you have done and see what happens, let me know please if you get a reply from them

thanks x x x

[tinkerbella22]

I didnt get a specific reply to this letter but the claim is taking the usual course, theyve defended and Ive sent of my AQ.

 

My thread is tinkerbella v abbey if u wanna take a look.

 

Tink x.x.x

[nabby68]

thanks tinkerbella will take a look.

so, once they have defended do the courts send an AQ out to you?

and what does the AQ entail?

Also, have you compiled a court bundle? All sounds very daunting to me!

[Mad Nick]

nabby68, got your PM.

They go onto say that they have not recieved any details of how the ammount of the claim was calculated and also how the interest that i am claiming was arrived at.

That's just them being petty because, presumably, you used MCOL which doesn't allow attachments. Just send them another copy which matches the figures in your MCOL claim.

And, they also request an e-mail adress and telephone number to contact me on, Should i provide these?

Up to you - it really depends how confident you feel about negotiating with them by those methods. The cynic in me says that not giving them E-mail/phone will stop them leaving settlement until the day before your eventual Court date because they'll have to use the post !! But FWIW, I gave them those details.

so, once they have defended do the courts send an AQ out to you?

and what does the AQ entail?

The Courts will send you it, but you'll find the AQ on here Her Majesty's Courts Service - Home (forms N149/150 depending on the size of your claim) and guide to filling it in here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html and New Strategy here http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

Suggest have a go at filling it in but wait for the Court to send you the official stamped up one for your claim.

Also, have you compiled a court bundle? All sounds very daunting to me!

http://www.consumeractiongroup.co.uk/forum/abbey-bank/52494-read-now-if-you.html

 

Regards, Mad Nick

[nabby68]

thanks mad nick for your most helpful info. just to clarify, you suggest i send them a copy of the charges im claiming plus a breakdown of the interest claimed aswell?

[nabby68]

UPDATE:

i have recieved a defence from abbey and also an offer to settle for 50% of the claim (as if!). do i have to reply to abbey rejecting their offer? and i also have to send a fee of £100 to the courts with my AQ, can i claim this back and how do i go about doing that?

[charleyfarley]

Hi nabby,

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

I'm sure you can find one in here that you like the look of.

 

As I undestand it you claim the 100 quid back from Abbey in the same way you claim the MCOL payment back..........ie when they finally cough up!

[nabby68]

thanks charleyfarley

i plan to send a letter of rejection to Abbey with a copy of my AQ

[nabby68]

just another question,

do i need to put "without prejudice on any further correspondence with abbey?

[charleyfarley]

I had a read up about "without prejudice" and it is put on letters in which you try and negotiate an out of court settlement, so I suppose if their 50% letter has WP then yours should as well.

 

But others on here are much better qualified to give a definitive answer

[Mad Nick]

nabby, you can put WP on your reply, but even if you don't you can't use it in Court because it refers to their offer letter which was WP. Regards, Mad Nick

Privileged, Without Prejudice, and Without Prejudice Save As to Costs documents. - Alway Associates

[nabby68]

hi everyone,

just a quick query. i submitted my AQ to the courts with draft directions offered in the post by BankFodder (New Strategy For AQ's) In the draft directions it states that " The Claimant shall within 14 days of service of this order send to the Defendant and to the Court..........." I sent my AQ off to both the Courts and Abeey on 18th March, and have not heard from the Courts. I did fone the Courts to make sure they had recieved my AQ, and they have. So, my question is , given that 14 Days will have expired on 2nd April, and if i have still not hear anything by then, would i have to provide the info listed in the Draft Order for Directions attached to my AQ?

Or, do i wait to hear from the judge?

[nabby68]

bump

[nabby68]

bumpity bump

[charleyfarley]

Wait for the directions from the Judge, because, like SusanB's thread, there's other things the Judge can order. I'd make sure I was up to speed with your reading on court bundles and stays etc.

[nabby68]

ok will do charleyfarley. can you point me in the direction of all i need to know about court bundles

[charleyfarley]

a bit of bedtime reading for you

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

[nabby68]

UPDATE:

i sent off my AQ to the courts and abbey on 18th march with draft directions for the judge to consider. I still havnt heard anything from the courts and i am now getting a bit worried. I know the courts have definitley recieved my AQ because i called a few days after i sent it to make sure. Do i have anything to worry about considering i havnt hears anything for almost a month?

[nabby68]

bump

[livelylad]

UPDATE:

i sent off my AQ to the courts and abbey on 18th march with draft directions for the judge to consider. I still havnt heard anything from the courts and i am now getting a bit worried. I know the courts have definitley recieved my AQ because i called a few days after i sent it to make sure. Do i have anything to worry about considering i havnt hears anything for almost a month?

 

Give the court a ring and ask them the situation, they will advise you on a likely court date.

[nabby68]

UPDATE:

Today, i have recieved a court date for 20th July. In the letter from the courts it states "The Claimant shall file and serve copies of his documents by 8th May 2007 to include a schedule setting out each charge or which repayment is sought"

My question is, what exactly do i need to send and to whom do i send it to? By this, i mean, do i send it to the courts or to Abbey?

[nabby68]

any help please ?