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

[Lula]

LOL Noob, far better that you take it out on here, and we dont mind

[Ilikelurpak]

well the above letters noobrider

 

what can i say they are spleen venters alright

 

good luck mate

 

my 14 days are up soon on my lba

[monopoly23]

Hi noob. Just noticed you were from Bradford as I am (great plach eh? ) so I read through your thread. Disappointed to learn that the Judges here don't strike out the bank's defences even though they never intend to actually defend. Will be watching and good luck!

[Boris Becca]

Hi noob, I understand your complete and utter fustration with this timewaisting game with Abbey. I am still awaiting my court date now after the preliminary, I called the courts yesterday, who said they are trying to find a two hour slot for the hearing,as they are so busy, this is proving difficult. It just gets me so much that they are not just waisting our time but also that of admin staff , judge etc. Obviously, I will eat my words if it goes to court!! Have you heard anything yet?

[noobrider]

No nothing, I have resigned myself to the long wait. The directions hearing will be a telephone affair and I just hope it goes as per the last claim and the judge follows the draft directions and then it will be settled within a fortnight.

 

The other thing is I'm playing a lay low tactic in the hope that Abbey forget about the hearing, don't turn up. and the judge orders something else...like immediate judgement

[noobrider]

well I had some news today... I'm going to be a grandad.....!!!! I'm too young to be a grandad...I feel old now.....

[Robdblynd]

Congrats Noob, as a Grannie of 19 years I can tell you it's a great feeling and you're only as old as you feel. My Granddaughter loves having a young at heart Grannie.

[KnellyK]

Ahhhh! Congratulations on your news! Now you'll have someone else to spend your money on!

[noobrider]

OK a little light at the end of this long tunnel. After an extrememly productive conversation with GaryH our resident guru, I have decided to issue a CPR Part 18 request to Abbey to ask for information regarding the breakdown of their charges. The reason for this is to force their hand somewhat and attempt to gain an early settlement.

 

Before everyone jumps on the bandwagon and attempts to do this themselves there are a few reasons why I am able to go down this route.

 

The first is that it has yet to receive allocation to any track. CPR Part 18's are rarely granted on small claims and as this claim is for £9k it has the potential to go fast track. This makes it more reasonable that it may be granted.

 

The second is that Abbey's stock defence clearly states that their charges are are fair estimate of their losses so my argument is to ask for this information which could also pre empt an order by the judge for me to have the burden of proof as has happened with Spicesters directions.

 

Finally I can submit this request before my directions hearing on the above stated pre emption that the Judge could potentially request this.

 

please do not attempt this unless you have the potential to go fast track or if you have got to a further stage than myself and definately don't attempt it without a very good understanding of the implications and certainly not without taking further advice. I will post the exact request tomorrow once I have selected the wording that I wish to use and remember this is the initial request and not an order request. If Abbey fail to comply within 14 days I will apply to the courts to have it made into an order and there is still the potential that the court may turn this down.

 

I intend to send it by post but also by email to Inga with the hope that this will instigate some sort of negotiations toward settlement.

 

Wish me luck

[Ilikelurpak]

Evening mate good luck not that you will need it all the best mate

[noobrider]

Well I emailed Inga my CPR Part 18 today giving her 14 days to respond. Lets see what comes out of that. I also posted a hard copy to her so she has some work to do now. Here's hoping it brings about the desired result.

[noobrider]

Just had a reply from Inga.

 

Please refer to our address for service nominated on our acknowledgement of service.

Kind regards,

Inga Kirkman

[srfrench]

Oooooo you tinker you!

 

I wonder if Pingu Kirkman has deliberately re-directed your request because it's beyond her abilities or scope. One hopes so........ nice one.

[noobrider]

Well I just forwarded the mail into [email protected] which is the only service address listed

[Lula]

I tried that address, and it bounced, i think she means posting it to Triton Square

[noobrider]

well I haven't had a bounce yet from BCT in fact I have in the past had an acknowledgement from them

[Boris Becca]

thanks noob, e mailed it to that address too. i guess its all awaiting game , just for a change now!

[Leecabs]

Good luck wait with great interest to see what happens!

[noobrider]

ok 7 days has passed and no response from abbey. I have sent a reminder advising that there are only 7 days left to comply however I could do with some advice on the next stage.ie making it a court order and whether Abbey have to provide a reason for non compliance with the original request?

[andypal]

Hi Noobrider,

Surely Shabbey should have seen where they have refunded you bank charges in the past and not to make things difficult and just pay up. Stupid they are, it just goes to show that they have money to 'burn' as it would make sense settle before 8% interest is being applied. Anyway, good luck. I know that u are going to win them again.

 

Andy

[noobrider]

apologies for a bump

[Boris Becca]

Watching your post closely,heard nothing myself either, YAWN YAWN! I now have a court date finally 29th Aug. Would be so nice to settle b4 then tho!

[Leecabs]

z z z z z Z Z Z Z (Leecabs in claim Hibernation) Wake me when Abbey Defend.

 

Its so boring my mate just got paid out in 2 weeks by Halifax just by phoning them and writing one letter its so annoying!

[noobrider]

very annoying although there have been a few payouts so far this week, all around 2 weeks before a court date. I don't think my cpr part 18 is having any effect on abbey at all

[Boris Becca]

It would seem the case, foxy fiona 2 weeks is up today too. I also know someone that dealt with Halifax by way of asimple call and no statements, to hand , admittedly it was only a small claim.I really cant understand why Abbey havnt made it easier this time for you Noob, it seems ridiculous.