atj26589 v abbey

[atj26589]

Prelim letter sent today (27/2/2007)

[atj26589]

Standard reply dated ......... March 2007 received from Abbey.

 

Now preparing Letter Before Action. However, I have a stupid question, I am not claiming interest so is this the correct paragraph to put in:

 

"I require repayment in full of this money If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus my costs and without further notice."

 

as opposed to:

"I require repayment in full of this money If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice."

 

as I assume the "plus interest" refers to your claim if you are claiming interest on the charges, as opposed to the interest under section 69 of the County Courts Act 1984.

 

I am just trying to make sure my letter is correct, I have had a look in the FAQ's and couldn't find the answer. A thousand apologies if it is there!

[Michael Browne]

"I require repayment in full of this money If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice

No, this is referring to s69 8% interest, so leave it in.

[atj26589]

many thanks

[atj26589]

update and help please!

 

Letter before action sent March 2007

 

Standard reply dated March 2007

"sorry for delay etc etc"

 

Letter from Abbey dated April 2007

" carried out full investigation etc, Although the charges were correct, as a gesture of goodwill I am happy to refund £50" not bad when I am claiming over £4500!

 

I have completed my N1 and went to the County Court today to put it in, the amount I am claiming is just over 6k including s. 69 interest and the court fee of £250 although the amount of charges is under £5K. The counter clerk said if you obtain judgement the court will not be enforce it as the claim is over £5K! Needless to say I didn't put the claim in this afternoon and I am now posting this message for help!

[Michael Browne]

The counter clerk said if you obtain judgement the court will not be enforce it as the claim is over £5K!

Presumably they meant if you obtain judgement (and the bank still doesn't pay up) you would then need to apply for a warrant, which bailiffs would then enforce.

[atj26589]

Presumably they meant if you obtain judgement (and the bank still doesn't pay up) you would then need to apply for a warrant, which bailiffs would then enforce.

 

Thanks for the quick reply Michael,

 

She admitted she wasn't legally trained........(I know full well they aren't allowed to give out legal advice) but she said because of the amount it would have to go to a higher court! Maybe I should pick the County Court in the "big city" up the road instead of my local one by the seaside!

[Michael Browne]

but she said because of the amount it would have to go to a higher court!

More rubbish. If just the charges are above £5000, it would normally be allocated to Fast Track, but it would still be handled by a County Court

[atj26589]

More rubbish. If just the charges are above £5000, it would normally be allocated to Fast Track, but it would still be handled by a County Court

 

but the charges are under £5K and the decision about allocation is taken by the judge, is that right? So I will just go back and put it in next week

[Michael Browne]

but the charges are under £5K and the decision about allocation is taken by the judge, is that right?

Exactly, even though charges+interest total over £5000, it will still be Small Claims, but court fees are based on Charges + interest, which is why the fee is £250

[atj26589]

thanks again for the quick reply.

 

I am off to London tomorrow for a few days (wife running the marathon!) so if anyone else posted on this thread I am not being ignorant by not replying!

[Michael Browne]

The little green spot turns to blue/grey when you are offline

[atj26589]

me again

 

would I be correct in amending my spreadsheet taking off the "gesture of goodwill" from the most recent charges and writing (intend to fax first so it is in before my claim) to the Abbey thanking them for the GOGW but informing them I am pursuing my claim for the remainder? I am about to submit my claim at my infamous county court tomorrow (hopefully).

 

I have to admit I have read conflicting advise on here regarding GOGW's I am happy just to knock it off.

[atj26589]

claim filed today at my "local" court

[atj26589]

Update (shoddy I know)

 

Claim issued 30/4/2007

 

Ack of service 1/5/2007

 

Copy of defence received from Abbey dated 25/5/2007

 

Nothing from Court yet (including copy of Defence)

[atj26589]

Update and advice required......

 

I received a copy of Abbey's Defence from the court and an AQ (N150) yesterday, I have until the 18th June to send it in and pay the fee.

 

I have just noticed that three of the charges on my spreadsheet are out by one day, my fault in transcribing the dates, I am stupid I know! The claim was filed at the Court and the spreadsheet was submitted with the claim. This doesn't affect the amount of the charges but it does affect the Section 69 interest, a big difference of 3p but it is a difference. Would it be OK to send an amended spreadsheet with the AQ (and detail this in Section H) or should I do something else?

[Michael Browne]

should I do something else?

Yes, nothing. This is so infinitessimally miniscule that (a) no-one will notice (b) no-one will care © will in no way affect your claim. Just forget it

[atj26589]

Cheers Michael - much appreciated

[atj26589]

Hi

 

I am just compiling my AQ, I received an N150 from the court although my claim (excluding s.69 interest and court fee) is (just) under 5K. I want to use the Draft Order to directions. However, I have a question with the Statement of Evidence I will need to submit if the Draft Order is accepted by the judge, at para 14 of the second http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

statement of evidence it states:

 

"14. Additionally, I asked the Defendant to provide me evidence of any manual intervention that may have occurred in relation to my account, under a Data Protection Act 1998 right of subject access request. No such information was forthcoming."

and in the Documents Attached In Support Of This Statement is:

"Data Protection Act Subject Access Request for evidence of manual intervention"

 

Well I didn't send S.A.R - (Subject Access Request) as I had all my statements already and I didn't mention Manual Intervention in my Prelim Letter or Letter Before Action. Will it be OK to omit para 14 from the Statement of Evidence and, obviously, the reference in the Documents Attached when I eventually have to submit the Statement of Evidence if the draft order is accepted? I want to be sure before I do the wrong thing!

I have posted this in the General Forum as well so please feel free to ignore or reply - I just want to keep my thread up to date

[Michael Browne]

Will it be OK to omit para 14 from the Statement of Evidence

Yes, wouldn't want you to commit perjury!

[atj26589]

Yes, wouldn't want you to commit perjury!

 

 

Thanks again Michael! What I meant to say is the Manual Intervention that important to the claim and would I better off just sending the AQ without the Draft Order but I take it that asking for details of Manual Intervention is not that crucial to the claim?

[atj26589]

another silly question.....

the amount of section s.69 interest takes my claim over 5K. As I have to put the sum of charges and section s.69 interest (I assume this should be up to the present date) in Section D of the N150 under the amount of claim in dispute, would it be a wise idea to put in the Track box under section D (after I have ticked small claims track) "The sum in dispute if £5.... K. However, this figure is calculated as £4...K of charges and £1...K of interest under s.69 County Courts Act 1984."

[atj26589]

as you probably tell I am paranoid - I shouldn't be I work in a Legal Department, maybe thinking again that is why I am paranoid...........

 

In other words I would appreciate somebody looking at the AQ I am going to file on Monday - can I please PM it to somebody?

[atj26589]

update AQ filed today with draft order for directions

[atj26589]

I received in the post today my Notice of Allocation to the Small Claims Track (Hearing) 3rd September arrggggggggggghhhhhhhh don't panic Mr Mannering

 

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

 

The original documents shall be brought to the hearing

 

Each party MUST file with the court and serve on the other party his/her own signed witness statement/s in support/defence at least fourteen days before the date of the hearing. WITNESS STATEMENTS INCLUDE THE PARTIES TO THE CLAIM IN ADDITION TO OTHER PERSONS (See Notes for Guidance)"

 

It then goes on to list for Notes for guidance on the making of a witness statement. Which seem pretty standard to me, court bundle plus witness statement suitably framed to meet my case although I would appreciate some tips/guidance if I get stuck (most probable)

 

The notice says the hearing should take no longer than 5 minutes, is this a good or bad thing I wonder.........