Tina V Abbey *** WON ***

[Tina&Gaz]

no I got one offer, and they put in a defence (at the right time) so it's going to the wire! it's really annoying all this waiting though! good luck with yours!

 

Also I have sent this letter to the judge today, Thanks Karnevil!!

 

With reference to the above claim, I have received the defence from the defendant and feel this is not complete in that the calculations required to prove the costs of the purported breach of contract are not included within the defence.

 

In your indulgence, I would respectfully ask, sir, that you order disclosure of the calculations which justify the charges in question, that the Defendant may intend to use to defend the claim.

 

I understand that it is within your discretion to do so.

 

I believe such an order would bring a rapid end to this litigation.

[flames7205]

v.good

 

why have they followed that train of thought with you and not with me ?

 

They have openly stated to my court that they have no expert witness nor can they produce evidence to back up there claim.

[fuzzgun19]

quick question, I have had £110 charges this month can I amend my claim for this and if so how? Thanks!

Tina, did you get an answer to this, as I'm in the same boat and will encurr more charges throughout the process...

[Tina&Gaz]

no I didn't get a reply to that fuzzgun, so I left it

 

however I have today recieved a letter from the courts in reply to the letter I sent to the judge, here's what it say's can someone tell me what it means?

 

Upon considering the claimant's letter dated 26th sept 2006,(copied off Karne in an above post)

the defendant has indicated at papagraph 6 of it's defence that details will be provided on disclosure.

 

IT IS ORDERED THAT if, following disclosure, the claiment believes she is entitled to further information, she should apply on notice detailing what information she seeks.

 

so what does all that mean?? plz help!

[Tina&Gaz]

can anyone tell me what the above letter means? do I need to do something?

[Tina&Gaz]

Thanks Karne

 

para 6. of shabby's defence:

 

The claimant has overdrawn or exceeded authorised overdraft limits on the account on a number of separate occasions, full details of which will be provided on disclosure. Therefore by virtue of the conditions referred to in paragraph 3 above such overdrawing was unauthorised and in breach of contract and the claimant became liable to pay fees to the defendant in accordance with its tariff of charges applicable at the relevant time. In accordance with the conditions, such fees were debited to the account.

[Tina&Gaz]

Thanks again Karne

[Tina&Gaz]

well I have today, posted off all the documents to both the courts and Abbey, it's been dragging on too long now and I want it to end:mad: , lets hope this gives them the final kick they need!

[Tina&Gaz]

NOTHING HEARD!!

 

they only have 20 days until court! I'm worried now:eek: , will my case be the first one ever to go to court??? haven't had a full offer/part offer letter or email or nothing! anyone else this far along?

[Tina&Gaz]

but won't a day before be too late to stop the courts? plus I've read that you shouldn't cancel your court until you have the money in the bank, so does this means I'll still have to goto court if they don't respond until 1 day before?

[jonni2bad]

You would be very wise to do that under those circumstances

[philread1]

Hello Tina

 

You don't have to be worried about going to court, you'll have plenty of support with you if you do!!!!!!!! The shABBEY won't have a leg to stand on, and lots of people from this site will want to be there to see their 'egg spirt' witness in person!

 

Anyway, like Karnevil says, they'll probably get in touch the day before you are due in court, with their tails between their legs, begging you to settle!

 

Keep your spirits up, your wait will soon be over!

Phil:)

[Tina&Gaz]

thanks for the advise all,

 

what does an adjournement mean?, more waiting?

 

and if they settle 1 day before, will I still be going to court for an adjournement?

 

sorry for being so thick

 

they have 6 days left before they have to hand in thier court bundle.

[Tina&Gaz]

doesn't anyone know what happens when you adjourn? anyone else at this stage?

[Tina&Gaz]

Just phoned the courts up to see is Abbey had put in thier documents since it's only 14 days left until my court date, they have not by the way, she didn't say anything about what will happen next other than if they don't get thier documents in my Tuesday I should write a letter telling the judge that they have not complied with the above request,

 

can anyone help me with this letter please!!! PLEASE!!! I don't have a clue what I should write!

[Tina&Gaz]

Thank you Karne, the adjournment bit is I don't know what it means, you said in a previous post I could ask for one, so was just asking what it meant.

[Tina&Gaz]

Thanks Karne, I understand now, and here's my amended letter to the courts, is this ok?

 

Date xx.xx.xx

 

Dear Judge

 

Claim XXXXXXX

 

Court hearing: 13.12.2006 at 11.30am

 

With reference to the above claim number' Abbey National Plc (the Defendant) have not provided Disclosure as requested in an order by District Judge xxxx on Thursday 21st August 2006 sitting at Mold court.

 

District Judge xxxx ordered that:

 

Disclosure of documents shall be dealt with as follows:

 

a) Each party shall deliver to every other party and to the court office copies of all documents (including any expert report) on which he intends to rely at the hearing no later than 14 days before the hearing.

 

b) The original documents shall be brought to the hearing.

 

This information is still outstanding and has still not been provided to the Claimant.

 

The claimant therefore requests your indulgence, sir, that the defence is struck out, and judgment ordered by default.

 

 

your Truly

 

Tina

[Tina&Gaz]

I WON!!! HAD MY FULL AMOUNT OF CHARGES REFUNDED PLUS COURT COSTS AND INTEREST AT 0.85% BACK!!! I messed up on the interest but they have still said they will pay it WOOHOO!!!

 

had a letter confirming it this morning!

 

so now a bit more advise please, they said they would credit the money to my account (they don't say when), and could I inform the courts that the case had been settled, do I do this? or do I wait until the money has been deposited? if I wait what do I tell the courts, I'd have to let them know something as I'm due in court on the 13th Dec,

 

I'm so damn happy!!! I've waited a long, long time for this!! Thanks for all the help guys and girls!! Donation on it's way when the money goes into my account WOOHOO!!!

 

can a Mod please change the title to ***WON*** Thank you!

[Tina&Gaz]

Thanks Karne this is what the letter says:

 

bank charges: £1,137

costs: £0.00 (I'm on benefits)

Interest : £191.25

interest has gone up by £40.12

total: £1,368.37

 

I read it wrong sorry, it says (your claim form refers to continuing interest at 8% however this does not mean that the rate is £.85 per day) oops!

 

I have a section to sign and date and return saying:

 

I Tina confirm that I have received payment of £1368.37 in full and final settlement of my claim and I will write to the court and withdraw the claim.

 

do I send that back now? or wait until I have had the money?

 

and do I need to write to confirm I accept the offer? or just write a letter giving them a dead line for the money to be put into my account?

[bp]

Hi, karn would be the best person to speak to but i wouldn't return that form till you have the money. You could write them a quick note saying i'll accept but will not inform the court till the money is in my acc and i i'll give you till the 10th to put money in my acc or the claim will continue

[Tina&Gaz]

yes Karne, it's added up to 25p per day, and Thanks bpakoue, I'll do that now

[Tina&Gaz]

hows this look? to send to Abbey

 

Dear Sir/Madam,

 

In view of your letter dated 30 November 2006, I accept the full and final amount of £1,368.37, however I will only inform the courts when monies are paid and CLEARED in my account, as the court date is set for 13th Dec, I will expect monies to be cleared by the 10th Dec 2006, at the latest, I will then, and only then stop court proceedings.

 

Yours truly,

 

Tina

[Tina&Gaz]

anyone?? is the above letter ok to send??

[Seamus Duffy]

Tina

this is my view for what it's worth:

 

Thank you for your letter dated 30 November 2006 and I can confirm that I propose to accept the full and final amount of £1,368.37. However I intend to inform the courts only when monies are paid and CLEARED in my account. As the court date is set for 13th Dec, I will expect monies to be cleared by the 10th Dec 2006 at the latest, at which point I will inform the court that the matter has been resolved and to cease further action.

I hope this helps but feel free to ignore.

SD

[Tina&Gaz]

no that's great, will get it printed out and sent right away, Thanks!!