sam78 V's Abbey***WON***

[sam78]

Thank you very much!

 

I've sent another email to James at Abbey, I thought I'd attach it.

 

"

Further to my email of yesterdays date, I wish to update you.

 

I have today received my Allocation Questionnaire to be completed and returned to the courts by 26th March. Unless I receive an offer for the full amount requested, £xxx plus daily interest at xxx, then I shall file the Allocation Questionnaire, at a further cost of £100, whch I will be claiming as court costs.

 

I will allow you until 10am on Wednesday 14th March to settle this claim, failing which I shall personally hand in the questionnaire at my local court.

 

I look forward to hearing from you."

 

Purejayne - I'll keep updating until I win. I will also keep an eye on any threads you have too and see if I can be of any use.

[purejayne]

Thanks Sam - don't wish to seem silly but who is James Arrandale, what does he do and whats his e-mail address?

[sam78]

James Arrandale is the 'legal representative' dealing with my case at abbey. His email address is irrelevant to you at the moment until, and if, you reach the court case stage. He may be the person dealing wth your claim hen it comes to it, thoug it may be someone else.

[121o121]

Either him or Inga Kirkman (I believe).

 

I have just received a letter from James settling my claim.

[sam78]

Way-hey congratulations!!!

[121o121]

Thanks Sam

 

We settled on £700 (around £35 short, but saves agro of bundles etc).

[sam78]

Please can someone check that I have this right.

 

I have written in the following in section G of my AQ:

 

The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

 

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendant's charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

 

Do I then attach these draft directions?

 

"Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order."

[Michael Browne]

Spot on

[sam78]

Oh dear - James hasn'r replied yet. Tick tock mate, you're time's running out before there's more charges to be added.

[moneyinmypocket]

Hi Sam

I'm just about to fill in my AQ and was pointed towards your post for help in completing it.

Seems like you have done a great job!

Hope they cough up soon lol

 

Money

[sam78]

Thank you very much. I hope they cough up soon too, am moving house next week! The deadline I set for James ends tomorrow at 10am, but unbeknown to him I won't be filing the AQ until Thursday morning, but I'll be doing it first thing.

Fingers crossed we get this sorted quickly.

[mariejader]

good luck for your deadline today, I will be keeping an eye on here to see if you update this topic

[sam-adfs]

 

 

"Draft Order for Directions

 

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order."

 

Hi sorry I am a bit confused! I understand that I put the other bit in section G of the from but do I attach this as a seperate sheet? And the part about the claimant (ME) do i have to then send all this stuff again? or is that the court bundle which goes when i get a court date?

 

cheers

 

Sam

[moneyinmypocket]

Hi Sam

I think that the draft order for directions is a seperate sheet attached to the AQ. Send that off and then when you get a date from the court you get all your papers together into your court bundle - well that's what i'm going to do anyway lol

Hope it's right but if it's not i'm sure someone will tell us!

Good luck

Money

[mariejader]

The deadline I set for James ends tomorrow at 10am,

 

 

Any news yet Sam?

[sam78]

Money - Yep you're right, the draft directions are a separate sheet attached to the AQ. The court bunde will be required by a given date once you have a hearing date.

 

marie - not a bean from mr arrandale - the AQ gets filed tomorrow morning. I'm just about to email him again - will post it on here once it's done.

[sam78]

Here's a copy of the email

 

"Dear James,

 

Further to my previous emails, I note that the deadline has now passed without any contact from yourself and without settlement. I have, therefore, filed the Allocation Questionnaire that was sent to me.

 

I will now be claiming further charges for court fees and interest at the daily rate of 56p.

 

The total being claimed now stands at £3653.47 and as previously stated, I shall also be requesting costs for the tme spent producing my court bundle - which is well underway.

 

I would also like to advise you that I have put forward a request for the draft directions below.

 

DRAFT DIRECTIONS AS PREVIOUS POST

 

Please submit your Allocation Questionnaire to the courts as soon as possbile so that a hearing date can be arranged.

Kind regards"

Don't think he'll respond to this either.

[sam78]

Well, that's my AQ filed. Apparently, my local court has to arrange a hearing within a timescale of 15 weeks, but hopefully I'll get this claim sorted before then.

[moneyinmypocket]

15 weeks! Blimey that's a long time to wait for your money isn't it lol

Didn't realise you could carry on charging interest while all this is going on, have to have a look at that!

Anyway good luck Sam

Money

[sam78]

Oh yes, when you file your claim it's at that point that you work out the daily interest rate and then just kep a track of the number of days until they settle.

 

15 weeks does seem a long time but that is the maximum wait so with a little bit of luck all this may be over long before then.

[moneyinmypocket]

Hi Sam

My AQ has been sent today

 

I will start gathering everything I need for a court bundle soon so that's it's ready and waiting for when we get a court date!

 

Money

[purejayne]

Well done Sam - Good Luck.

[sam78]

Well, it's been a while since I updated but that's due to moving house. We're now settled in and I can continue where I left off.

I contacted the local court last week and they confirmed that the Abbey had returned their AQ - on the last day. I was told that the file had gone to the judge and that a hearing date should be allocated within 10 days. I'm going to give them a call tomorrow to se if they have an update.

No contact from James as yet!

[sam78]

Hi All,

 

Things are starting to move at pace now. I've called the courts this morning and a date has been set for 2nd May 2007 at 3pm!!! I have emailed the abbey to let them know. All paperwork should be with me soon regarding directions etc.

 

As the date is so near, would it appear to anyone other than me that the judge has proceeded with my draft directions request?

 

Bring it on!

[sam78]

Bugger! Have got home and the paperwork from the courts has arrived. I have been set a directions hearing which will last approx 10 minutes. Anyone else had this?