alice25 v's Abbey

[alice25]

FUNNY THAT, I WAS JUST THINKING EXACTLY THE SAME!!!! Lets just see how long it takes for my cheque to come!! Have just written to them accepting and also claiming wasted costs of £380!! lets see what they say about that!!!!!

[alice25]

Wooooooohooooooo, just got home from work to find ive got court date of 3rd Aug for my joint account claim against abbey!!!!! All i need now is my first settlement cheque! Fingers crossed they will settle this out of court as well, its nearly 3K!!

[ICY]

Congratulations Alice, enjoy your shopping spree

 

Good luck in round 2

[alice25]

Yippee, Abbey today have paid cheque into my account for £2017.12!! bit cheesed off got to wait 4 days for it to clear though but at least ive got it!! still going to hang on for my wasted costs before I cancel my court claim though!!!

[dburrell55]

Hi,

Thats great, how does the wasted costs work? i am still waiting on a court date, but reading this thread i cant wate to get on with it.

[clarion48]

CONGRATULATIONS ALICE - have a great time spending it!!

 

Congrats for the bubs too!

[alice25]

cheers Clarion! trying hard not to spend it all at the mo, would be nice to save but not sure that likely!!!!

 

I have today written to the court asking for a wasted cost order as Abbey have totally ignored my letter requesting costs!! Also taking in my court bundle today for the joint claim which inc costs comes to nearly £3300!!!!!! hopefully they will settle out of court again, then I plan to have a nice holiday somewhere once baby is old enough to travel!

[alice25]

Hi Guys

need a little advice please. I have had my money refunded and I requested costs direct from abbey but heard nothing so I have filed a request for costs to be made by the court (wasted cost order), I did this on the 15th June 2007 but have heard nothing from them,anyone give me an estimate on how long it takes the court with the wasted cost orders??? This case was due in court on 3rd July and I not sure whether to turn up to request costs as teh claim has been settled in full. ADVICE PLEASE!!!!!!!!!!!!!

[Katlu]

Alice25 did you put the terms and conditions in your bundle. If you did can I have a copy, I need to do my bundle soon but don't have the terms and conditions........no-one seems to be able to help me.

[alice25]

Katlula, I didnt put terms and conditions in either of my bundles, they have paid single claim in full a month before going to court and joint account claim is in court on 3rd Aug so waiting to hear about that one. Good luck with yours x

[Katlu]

Thanks for getting back so quickly. Maybe I won't bother to put them in as it is stressing me out. Thanks again.

[alice25]

Had my money back in full at the beginning of the month, due to go to court on 3rd July so they paid up very early! I sent them a letter requesting costs but heard nothing so on the 15th June I went to court and gave them the wasted costs letter etc requesting they award me costs and a letter to say that abbey had paid in full but i wanted costs due to them behaving unreasonably. I have not heard anything from the court or abby since and i wonder how long it takes for the court to award these costs. Should i go to court on the 3rd if I have had no response??

[clarion48]

Hi Alice.....I too am in the same position as you. Abbey offered me a full out-of-court settlement a week ago....I accepted on condition the money was cleared in my account before hearing and on costs. The cheque finally arrived over the weekend and has been paid into my account....but not cleared yet, so I am still going to the hearing. They refused costs on the grounds that court bundles are easily downloadable from this site and claim they don't reimburse costs for ink, photocopying, etc plus only a maximum of 20 hrs prep time.......what a load of bull***t......the same day they settled my claim someone else on CAG had theirs settled with over £700 in costs....no questions asked.

 

I'm off to court on Thursday morning armed with claim numbers where costs have been settled without question....we'll see what the judge says.

 

Good luck with yours.

[brownie24]

Alice

 

send them an email nudging them along with the costs issue - ask them if they have taken time to consider this, and point out the fact that you have still not informed the court the case has settled and will not do so until you have come to an agreement on wasted costs. This is what I did and it was only when I nudged them along that they finally paid up. I sent an email to Louise Jacobs and Inga Kirkman.

 

HTH

 

Brownie24:)

[alice25]

Hi Brownie and Clarion thanks for that x Do you have email addresses that you can give me please as I have always sent letters but time is ticking on now as court is on the 3rd, other prob is that I am due to have baby in 3 weeks and have an appointment with hospital at same time as court case so want to get this sorted asap!! cheers both look forward to hearing from you with details x x

[alice25]

I need some urgent advice please. I have a court date for the 3rd July at 2pm. I received my settlement in full from Abbey at the beginning of June and then i wrote to them stating i would only accept as final payment if my costs were met within 7 days, I did not hear from them re the costs. I then wrote to the court stating that abbey had paid but as they had behaved unreasonably I was looking for a wasted costs order. I followed the procedure on the site and included everything. I emailed abbey wed of last week stating that if they did not pay the money into my account by 10am on the 3rd July i would still be attending court. Now my prob is, can i do this?? I told the court that if costs were not paid i would still be attending. What exactly do i need to take to court with me, as I only want to get my costs awarded?????? Also what do i say to the judge?? I was going to say that i believe they have behaved unreasonably and never intended to defend this case and if they had off settled when i first requested I would not have incurred all of the extra costs. ALL ADVICE NEEDED PLEASE!!!!!!!!!!!!!!

[bonnie0852]

Hi alice, can i point you in the direction of CLARION48 (if she doesnt mind) as she went to court last thursday about the same thing!!!

I went with her but she can explain it better to you!!!

If you read the last few pages of her thread (from last thursday) it will give you an insight, but as every judge/court is different i cant say what will definately happen!!!

If you post on her thread (and say i mentioned her) im sure she will halp you, shes an expert regarding costs now!!

Hope this helps

 

bonnie

[alice25]

thank you bonnie!!!! need all the help i can get!! dont want to get too stressed about it all as im due to have my baby in 3 weeks !! cheers again

[Bookworm]

5 threads merged, pls stay on one thread per claim.

 

Wasted costs can only be granted by a judge, so if you want them, you'll have to go to court, and there is no guarantee at all that a judge will grant these to you.

 

In order to try and get these off him, you'll have to make sure you have a detailed breakdown of the costs you have incurred as a result of the court action, and explain the whys, hows and wherefores as to why you think he should grant these to you. Whether he will or not is another story, of course.

 

Please let us know how you get on.

[bonnie0852]

thank you bonnie!!!! need all the help i can get!! dont want to get too stressed about it all as im due to have my baby in 3 weeks !! cheers again

 

Blimey alice!!!!!! Just relax now and count to ten!!! :o

I can help with wasted costs but no use as a midwife... can u wait til ive logged off:D

 

Hope clarion can help u, shes at exactly same stage as u , and GOOD LUCK WITH THE BABY!!

Dont forget to let me know what u have

[clarion48]

Hi Alice......I just spent ages typing up a response for you but then couldn't post as your thread had been moved.......5 threads on the go at once!! Goodness girl.....what are you on?

 

I too went to court last Thursday as Abbey did not pay up before the court date....although they did offer to settle. The judge struck out their defence on the basis they did not comply with court directions. More evidence to add to my wasted costs claim.

 

The judge commented on journalists telling people to apply for costs but he said you can't. Nothing in his directions to that effect though and he himself has awarded costs in two cases I know of.

 

I am going to apply formally now Abbey have given me my money. Look at this thread.....Application for costs *UPDATED* by GARYH...I suggest the more formal approach but personally wouldn't do it at the court case...file it separately.

 

Tomorrow you just need to point out to the judge that whilst Abbey agreed settlement...they have not as yet paid.

 

All the best.....yell if you need any more info.

[alice25]

hi clarion, cheers for that!! oh this is so confusing!!! sorry about the 5 threads, i get so confused and when ive bene desperate for answers people dont read my thread so i satr a new one. Sorry!!!!

 

Well i will give it a go in court tomorrow! i am going to take my list of settled cases and my schedule of costs and go from there. Hopefully the judge will take pity on me as im so huge!!!!!!!!!!!!!! I will let you all know how i get on!! I am supposed to be going for an antenatal class at same time as court!! Oh heck! I have another claim running at mo as well for just over £3500 which is due in court on 3rd August, have had to write to court explaining its near my due date just in case i pop on the day!!

 

Thank you clarion and bonnie you have bene a great help to me. Bonnie im having a girl, will let you know when she arrives x x x

[bonnie0852]

thas lovely alice, i envy you!!! all the best for tomorrow and the baby girl and pls let me know when she comes and what her name is!!!

luv

bonnie

xxxxxxxxxxxxxxx

[brownie24]

Hi Alice

 

GOOD LUCK FOR TODAY:D Hope all goes well, just remember don't get stressed especially not at the moment.

 

Have you looked at Gary's thread, he's the expert http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs-updated.html

 

Anyway good luck and remember you've won already, anything that comes out of today and the wasted costs would be a bonus so don't worry too much if you don't get any joy.....it's early days in the wasted costs order.

 

Good luck and c u around on one forum or another:p the finish line is in sight on all counts:D

 

Brownie24

[alice25]

morning Brownie, thanks for all you support! will try not to get stressed i promise! hope your bump doing ok! I will let you know how i get on either later or tomorrow, got a long day what with court and 2 antenatal classes! at least should sleep tonight. x x x x x x;)