Noobrider V Abbey take 2 *** WON ***

[noobrider]

I know, I'm following Fiona's thread as she is a week or so in front of me

[Boris Becca]

I would be really interested in the ansa to your questions too. I have called the courts today and asked them to send me applications papers, incase I decide to put an order too.

[FoxyFiona]

Hi Noobrider, Interestingly I wasnt asked to send it anywhere else. Strange people they are? Makes you wonder if they have a plan or they just sail by the seat of pants!?!

[noobrider]

certainly does. i think they have drafted in some extra help as there are a couple of new names appearing like tanya and clare?....I just had a missed call on my mobile from an withheld number...interesting as I have only given it to Abbey....everyone else that would ring is in my phone memory.....lets see if was abbey or just a wrong number lol

[wotshall123]

Hi there,

I need some advise if you can help, the shabbey have put £725 I replied to there letter giving them 10days to settle,but they sent a letter saying they are looking into int and would take 4weeks, do I wait the for weeks or what shall I do next.

magsx

[noobrider]

OK firstly you stick to your timetable not theirs. Make sure you fully understand what you are doing and are conversant with the law you are suing them under and all the steps that you need to take in the pursuit. Read read and then read some more. There are lots of cases being thrown out or lost on the basis that people are not fully prepared to stand up in court and argue their point effectively. Please don't become another statistic.

 

Secondly. If you haven't already start a new thread with all the details of what you have done so far so people can make informed suggestions and know exactly wherre you are with the claim and what you have done so far. That way you also get relevent answers to your questions and probably help other people at the same time

[noobrider]

Well I sent a final email today to request whether they will actually be replying to my cpr part18 as the deadline for the information is monday.....and the fact that a nil responce would constitute immediate application to the court for an order. Doubt I'll get any reply so next week I will make the application for a court order.

 

I wish they would just take these things seriously and either cough up or reply..just a reply would be nice. I hate ignorant people.

[FoxyFiona]

Hi Noobrider,

 

They have til Tuesday with me, upon Garys advice I sent them a email this week requesting a response by then, so in effect they got one more week. AND still no response, to be honest I dont think Im going to get one either...........

 

FFx

[Leecabs]

Hi Noobrider and Fiona,

 

Watching with interest best of luck hope they just cough up or choke LOL, you have probably thrown them of track a bit!

 

Best wishes

 

Leecabs:)

[noobrider]

OK team I need to know the process of how to get the court to change a CPR part 18 from a request to an order and does it cost anything?

[FoxyFiona]

Hi Noobrider,

 

Just rang the court is cost £65 to change the CPR Pt 18 request to an order.

 

FFx

[noobrider]

Thanks Fi...that will have to wait untilpay day then....

[FoxyFiona]

You read my mind

[noobrider]

OK, I'm contemplating trying something so I would like some thoughts on the matter.

 

I have a court order for a Directions hearing by Telephone on the 24th July. The order clearly states that Abbey's solicitors have to make the arrangements for this and as yet, suprise suprise, they haven't provided any details for the dial in conference call etc. I'm considering sending the following email but I'm not sure whether to mention anything about settlement negotiations. Has anyone actually received any info from Abbey or attended a telephone hearing? I vaguely recall someone else who had the same order but can't for the life of me remember what the outcome was.

 

Heres the mail I intend to send

 

You have failed to comply with my CPR Part 18 request issued on 11th June 2007 and I will therefore apply to the court to make it an order on Friday 29th June 2007. This will incur additional costs of £65 which will be added to the claim. Your failure to comply with the request will be brought to the attention of the judge at the above quoted hearing as the details I have requested are crucial to the decisions I will make on directions required .

 

May I also remind you that it is your responsibility to make arrangements for the telephone hearing on the 24th July 2007 at 11.10am as per the court order issued on the 17th May 2007. As yet I have not recieved any details of your arrangements and after checking with the courts offices, neither has the Judge. I await your instructions on this matter urgently.

 

 

I am dissappointed that you have failed to respond to any emails,letters or the order issued by the courts.

[srfrench]

Looks good Noob.

 

However just check on the amount quoted. I thing FoxyF checked on the CPR 18 order costs and it cam to £35. Apart from that (regardless!) I'd send it ASAP.

[noobrider]

Thanks Frenchy, however, I had a bit of a search and found Fendyweathers thread who won a coupl eof weeks before the telephone hearing so I have just sent this email.....

To whom it may concern,

 

You have failed to comply with my CPR Part 18 request issued on 11th June 2007 and I will therefore apply to the court to make it an order on Friday 29th June 2007. This will incur additional costs of £65 which will be added to the claim. Your failure to comply with the request will be brought to the attention of the judge at the above quoted hearing as the details I have requested are crucial to the decisions I will make on directions required.

 

May I also remind you that it is your responsibility to make arrangements for the telephone hearing on the 24th July 2007 at 11.10am as per the court order issued on the 17th May 2007. As yet I have not recieved any details of your arrangements and after checking with the courts offices, neither has the Judge. I await your instructions on this matter urgently.

 

I am dissappointed that you have failed to respond to any emails, letters or the order issued by the courts, particularly as a number of settlement attempts have been made. As an absolute final negotiation attempt this claim can be settled for £8978.13 which is made up of £7323.00 of direct charges, £1405.13 of s69 interest plus £250 court costs. As you can see, no contractual interest or even overdraft interest has been included and it is a simple matter of the basic charges incurred on the account. This offer will only be available until Friday 29th June 2007, after which an application to have the CPR Part 18 made into a court order will incur additional costs and s69 interest will continue to accrue. I will also apply to the courts for a wasted costs order which will of course incurr additional expenditure on your clients behalf.

 

Details of this and all previous attempts at settlement will be brought to the judges attention at the hearing on the 24th July and all previous mails and correspondence will be forwarded to the judge prior to this date.

 

I look forward to hearing from you shortly.

 

Kind regards

[FoxyFiona]

Noobrider, will double check about the £65 Gary says its only £35 because it doesnt need a hearing. Will let you know today. FFx

[noobrider]

Thanks Fi but I sent it anyway...doesn't really matter for the purpose of the email. Lets hope it generates a response. After reading Fendyweathers thread it looks like I should wait about 2 weeks for a reply.

[Boris Becca]

Reading with great interest. I wonder fi if tou could post a copy of the reminder E mail you sent , my two weeks is up today. I called the courts regading getting cpr18 to order and they said £65. Although I am on benifits, so it dosnt cost. Although Gary thinks it might not be nessacary.I have put a question on my thread about benifits and banks not using the money for charges, or should I say , there not supposed to! Does anyone know anything about this? Noob, wich mail add did you use to send your latest letter and did you send hard copy too?

[noobrider]

The email above is the one I sent. I previously sent a very short reminder that they had 7 days left which was also ignored. Post #91 is the final mail I sent

[FoxyFiona]

Guessing you havent heard anything from them yet?

[Boris Becca]

absolutly sweet F.A!! I would love to be a fly on the wall in their offices. Its sooooooooooo fustrating this has been going on for 7 months now. I have sent a reminder now email and hard copy, not sure what im goon do next, your route sounds goog although not sure about it all, wanna push them but dont wanna jepourdise anything either.

[noobrider]

No not a dickie bird but then again I wouldn't expect to for at least 2 weeks. I will be handing my N244 in on Monday as I don't have any funds until tomorrow. I'm hoping and praying for a cheque that will clear by the 29th of July as there is a huge bike show on that I want to go to and buy lots of goodies at.... I can hope although I'm scared that it might make me settle for a bit less when I really need a bit more.....lol

 

Becs, as long as you haven't been allocated to small claims then I would recommend trying the strategy, there is nothing to lose. If you have already been allocated to small claims then potentially you could be refused.

[noobrider]

looks like Inga is on a long weekend break as I received an out of office reply 4 hours laters says she was off from Thursday 28th until Tuesday 2nd....recharging her batteries no doubt

[noobrider]

well I emailed Ronan and still no reply...was hopeful of something as other people with hearing dates around mine have managed to get responses and settlements....getting a bit miffed now....and jealous

 

might give him a call tomorrow