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Ste W v Abbey


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Hi All,

 

Total novice to all this and new to the site, but just sent off to my LBA to A**** (cant bear to type the name never mind say it).

 

The money they stole from me amounts to £5,944 in 3 and half years, this with interest comes out at over £6,500.

 

No wonder they have so many zeros in there profits.

 

Given the amount of my claim and who it is, I am expecting to file court papers in 14 days.

 

Just need advice though on which route to take. Given the amount I am claiming I can't go down the small claims route via the N1 form, is this correct:idea: The other route is via MCOL which I understand has a limit of 100K.

 

Can any of you wonderful people advise which would be quickest, easiest and best route to beat the A**** with.

 

Thanks

Ste.

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Hi Ste,

 

The N1 is a paper Court Claim, while the MCOL is Money Claim Online, so they are one and the same thing. Once your claim is served then a Judge has to decide which Court Track your case should follow. If your claim is less than 5K then it goes to the Small Claims Court, but above that figure then it can (but not always)go on the Fast Track. The essential difference for you is that in the Fast Track you can be liable for costs up to a maximum of 750 pounds depending on the value of your claim. The advantage for you is twofold. One, you can claim costs which you can't in the SC, and a previous poster on here won 49 hours of prparation time at 9.25 per hour. Two, the Fast Track gives the Court more powers to force disclosure so the Banks like it even less.

  • Haha 2

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Thanks Charley,

In such a small time period, developments.

In the post this morning a letter from A**** saying the usual BS and offering £1,738.

No chance, on we go for the whole £6,500.

Just waiting 14 days for the LBA to expire and then straight to MCOL, can't wait.

Look out A**** I'm with CAG.

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Hi All,

Need help urgent.

As per above I received a GOGW cheque this morning from A**** for the £1738.

Could someone advise me what to do with it? Do I bank it, return it, or hold on to it till court?

The day I received the GOGW letter from A**** I sent a reply by special deliverey informimg them that I refused this payment and wanted full payment, but would accept it as part payment towards the full amount as I had already served the LBA letter on them.

 

Would appreciate any help as to what to do with this.

 

Thanks

 

Ste. :confused:

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Guest Niklowe

Yes you can bank it as they are admitting that they are at fault, although partially. this is a common shabbey practice in the hope that you will take the money and run. Good luck Ste W and go for the rest.

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Thanks Nik,

Will do that with great joy.

Just one other thing, what do I do about my claim in respect of them paying this part. How do I alter my schedule and what should the claim be made for with the courts:?: .

Thanks again,

Ste.

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  • 3 weeks later...

Hi all,

Can someone help. I am currently filling in my N1 and I remember reading in another thread about claiming for personal time etc. but can't find it. Can anyone direct me to it or advise me how much per hour the claim was and do I include it on the N1.

Thanks

Ste W :confused:

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Ste,

 

Have a look at my thread. I'm a little ahead of you but claiming for a similar amount.

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/55539-charleyfarley-abbey.html

 

Have a good read about FT....you'll find a link in karnevils sig

 

 

As to costs I have been keeping my own spreadsheet for time taken/research/letter writing/N1 prep etc

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Thanks Charley.

 

Been to court this morning with my N1 and filled for just short of £7K, well worth the £250 fee.

 

Advised should be issued today so roll on 14 days and see what the Bast**** have to say, usual BS most prob.

 

Changed my mind about returning the £1738 GOGW cheque though, think I will go with the tact as per another thread and keep it, not as part payment but as payment for poor customer service and they are saying sorry, total BS I know (wont cash it though just like looking at it).

 

Anyway, like a lot of other folk the battle has started and the wait is on.

 

Will keep updated.

 

Ste. :)

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  • 2 months later...

Can anyone advise me on the following, had my notice of allocation back from the court and the judge had ordered it go to fast track. He has also order disclosure of docuements as follows:-

 

" disclosure of documents shall be dealt with as follows:

a) The parties shall give to each other standard disclosure of documents by serving copies together with a disclosure statement by 4pm on thursday 28 june 2007."

 

There is a part b but not interested in that at this stage.

 

Can someone tell me if the above is a disclosure list (which is more or less a court bundle right?) which I serve on N265 and do I send a copy to court.

 

Been on holiday get back to this panic stations given time frame, HELP NEEDED! :confused:

 

Thanks All

 

Ste W

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  • 2 weeks later...

I'VE WON!!!!!!!!!!!!!:D

HAD A LETTER THIS MORNING FROM ABBEY SAYING THEY ARE SETTLING THE CLAIM IN FULL OVER £7k BUT DO NOT ADMIT ANY LIABILITY (WHO CARES).

 

THIS WOULD NOT HAVE BEEN POSSIBLE WITHOUT THIS SITE, I CAN NOT THANK YOU ENOUGH.

Donation to follow as soon as cheque arrives.

 

Onto Capital One next, no stopping me now.

 

A BIG THANKS AGAIN!!!!!!!!!

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Excellent news!!!!:D Well done.

 

Title changed as requested. Don't forget the winners survey, and many thanks for pledging to donate. They are much needed at the moment and also very much appreciated. Thanks.:)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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garyh if you read this please can you take a look at my thread, petcat v abbey my poc are a bit different and ive recvd defence today. i could do with some advice (sorry to hijack) thanks and CONGRATS once more to the winner above!!

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Thanks Gary and petcat.

 

Petcat with regards to your question:-

given the size of my claim I was allocated to fast track and ordered to disclose by the 28/06/07 as was Abbey.

I had allocated this weekend to sort out my disclosure list but what do you know the letter arrived this morning saying they were settling in full, free weekend and no 300 pages to sort through.

 

Keep going it does pay dividends after a lot of frustration, good luck and thanks again.

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CONGRATULATIONS

My claim was scheduled for Mercantile Case Hearing on 28th June and I got my settlement letter on Thursday.

 

Doesn't it feel good when you see they've given in?

 

Congrats again and enjoy your money. :D

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Thanks Robdblyd.

 

So right, it feels so sweet, especially after all the wasted letters and time spent.

 

Still no chance of them making things easy for us though and paying out without having to go through all this.

 

To everyone stick at it, it does pay off. :D

 

Good luck Robdblyd and enjoy as I will.

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