AlexTed vs Abbey ** WON (pre-OFT case) **

[Advoc8]

And, reading Maiejader's thread this morning, I think I may have screwed up on the N1 - instead of sending 3 copies to the court, I sent 2 and KEPT one for myself, so it doesn't have a court stamp. Is this going to be a problem, does anyone know?

 

This shouldn't cause any problems, the court will have kept a copy and sent a copy to the defendant and your claim has been issued by the court to the defendant so the wheels are in motion. The third copy would have been your copy anyway.

[mariejader]

if you are worried why not go to the court with your copy and ask the clerk if they would stamp it or give you a copy of their one?

 

I can't see it being a problem for you, at least you have a copy unlike me

[alexted]

Mad Nick,

 

Thanks for the new para for the letter - much better.

 

And thanks to all for the reassurance re the court stamp on the N1 - I'll stop worrying now.

[alexted]

Received a letter from the court this morning saying that Abbey filed an acknowledgement of service, intending to defend all of the claim, on 19th March. So now they have another 28 days to file a defence.

 

I'm not sure what happens next - will I get an allocation questionnaire (the claim is for less than £500, so surely there's no question that it will be small claims track??) or will the court just send a hearing date? Or (moment of wild optimism) will Abbey pay up before the 16th April?

 

Patience has never been a strong point with me and I had a similar scenario last year when I had to take a client to court over non-payment of an invoice: I keep reminding myself that it took forever, but I got my money then, and I'll get it this time too.

[mariejader]

So now they have another 28 days to file a defence.

 

Not sure if I have mis read what you have put but the 28 days is from the date your claim was served on Abbey so by filing a defence they have given theself another 14 days

 

I would guess they will file their defence on or around the 21st day which is what seems to be happening now

[alexted]

Not sure if I have mis read what you have put but the 28 days is from the date your claim was served on Abbey so by filing a defence they have given theself another 14 days

 

No, it was me that misread the letter: "The defendant has 28 days from the date of service of the claim...".

 

I wouldn't have re-read it without your post, Marie, so thanks. Abbey were deemed served on 10th March and filed their acknowledgement on the 19th. Sorry if I'm being a bit thick, but is that another 14 days from the Acknowledgement of Service date?

[newbody]

no oit means they now have 28 days from day of service (the papers were issued deemed served) in which to file their defence i.e they now have until 7th april to file their defence papers

[alexted]

Thanks, Newbody.

[alexted]

A copy of Abbey's defence arrived this morning, from James Arrandale, not through the court. Usual rubbish about me knowing the terms and conditions, and their "fees reflect and are proportionate to the Defendant's administrative expenses incurred due to the Claimant's breach of contract and are a genuine pre-estimate of the damage suffered by the Defendant" Yeah, right.

 

All the banks have been relying on the same defence for months, or years, but surely, after the recent whistleblower programme, they must realise the game's up? Do they think claimants and court officials don't watch television?

 

I know they're not just going to put their hands up and say " OK, we were wrong, you've all been ripped off, here's your money back", but do they really expect any of their customers to trust them in future? They're in a hole, but they're still digging!

 

Am I right in thinking the AQ will be the next stage?

[mariejader]

Am I right in thinking the AQ will be the next stage?

 

Yes you are correct, did you not receive the 50% GOGW with the defence

[alexted]

Hi Marie,

 

Not with the Defence, no, but I did get a £100 GOGW paid directly into my account a couple of weeks ago. Replied thanks but I'm still going after the rest.

 

I'll come back to you for advice when I have to fill in my AQ!

[alexted]

A quick question on something I'm not sure about: does the £9.25 per hour bundle preparation fee only apply to claims which go through the fast track, or also to the small claims track? I need to start preparing for AQ and bundle, so it would be good to know. (My claim is for less than £500)

 

Thanks

[Advoc8]

Well, the rate applies to both but you're not entitled to it on the small claims track unless awarded it by the judge because of unreasonable behaviour by the defendant that would justify a costs penalty.

[alexted]

Thanks for that, Advoc8.

[alexted]

How long does the court normally allow for completing and returning the AQ? I ask because mine hasn't arrived yet and I'm going to be away all next week and wouldn't want to miss any deadline.

[Mad Nick]

Hi, my AQ arrived dated 6 Feb 07 to be returned by 2 March. HTH. Regards, Mad Nick

[Advoc8]

The procedure rules state that you must be given at least 14 days after it is deemed served on you for it's return, so you'll not miss any deadline by being away next week.

[alexted]

Very, very angry!!!!

I've just phoned the court to find out what's happening with my claim, because I've heard nothing from them or Abbey since March 26th, when Abbey sent me a copy of "the defence we have filed with the court."

 

The very nice woman at the court told me that they have not received any defence form Abbey and "therefore cannot proceed to the next step." !!!!! She asked me to send a copy so they can proceed, which of course I'm happy to do, but would anyone like to suggest wording for the paper-charring letter I'm going to fire of to Abbey today?

 

Very bloody shAbbey!

[mariejader]

Why can't you file for judgement if they have not replied to the court, my friend did this yesterday, having said that she has heard nothing from Lloyds who she is claiminging against.

 

Pm a mod and ask them for clarification, I cannot see that's it's would be your responsibility to supply Abbey's defence to the court, it's an interesting one.

[alexted]

Why can't you file for judgement if they have not replied to the court, ...

 

That's what I thought I'd be able to do, but the fact that I have a copy suggests, apparently, that Abbey did file a defence but it was lost in the post, or at least that's what Abbey will claim. Sounds like a convenient excuse if you ask me and a delay of 6 weeks!

[mariejader]

That's what I thought I'd be able to do, but the fact that I have a copy suggests, apparently, that Abbey did file a defence but it was lost in the post, or at least that's what Abbey will claim. Sounds like a convenient excuse if you ask me and a delay of 6 weeks!

 

Alex I thought I read yesterday that the banks etc file things electronically something called "DX" I see if I can find the post that mentioned it,

[alexted]

Thanks for your help, Marie.

[mariejader]

I could not find the post I was looking for but my niece works in a solicitors so I e-mailed her and asked what it was this is her reply,

 

It is called DX but it is not electronic. It is basically the same as the Royal Mail in the way that it works. It is just that only companies use it as opposed to reisdential addresses.

 

Basically you take your DX post to a local DX hall. It's

a big room where a man with a van comes and collects it. It then goes off to the DX Exchange where it is all sorted out and then delivered back to the DX halls. Someone from each company then goes and collects their own DX post.

 

It is not like Royal Mail with first and second class. It is all given the same urgency unless it is sent tracked DX. If it sent tracked you can track where it is. This does not get used very often though

 

Sorry not much help

[alexted]

Never mind, thanks anyway. I'll console myself with the thought of an extra six weeks' worth of interest!

[mariejader]

Alex who said you can't apply for judgement? have you pm'd a mod to ask.

 

I think if it was me I would be putting in for it unless told otherwise from a mod or site helper