mariejader v Abbey **DEFENCE STRUCK OUT!**WON**

[mariejader]

2001 is the six year limitations bit, you can't claim any interest at all, and you've got to prove everything.

 

sorry to be thick here it's the end of the day, what do you mean I can't claim any interest?

[mariejader]

thanks for the reply Trica but I cannot open it the way I add links is go to the top of the page (which has the information you want to link) highlight the www. part copy it and then past it onto the topic you are adding the information to, if you could do that it would be good

 

To be honest I am only claiming about £60 for Jan 2001 but when I started my claim I was still in the six years as my prem letter was sent 23rd December and I have a letter from Abbey "thank you for your letter dated 23rd Dec 2006" and LBA was 22nd January again I have the "thank you for your letter dated 22nd Jan 2007".

 

Am I missing the point?

[mariejader]

Limitations Act - period starts from date of court claim issue so in that repect abbey are corrrect

 

Thank you for the confirmation I did think it was from start of claim:oops:

[mariejader]

I think this is what you are refering to?

 

32.--

(1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-

(a) the action is based upon the fraud of the defendant; or

(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or

© the action is for relief from the consequences of a mistake;

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....

(2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty. . . .

(5) Sections 14A and 14B of this Act shall not apply to any action to which subsection (1)(b) above applies (and accordingly the period of limitation referred to in that sub-section, in any case to which either of those sections would otherwise apply, is the period applicable under section 2 of this Act).

 

 

Can I put all that in my AQ?

[mariejader]

thanks for the reply Mad Nick.

 

I am just confused now as to what to do about the charges I have included for Jan 2001 which is only £60.00 do I need to change my claim?

 

in your AQ include a bit about the s.32 limitations act (full thing in the statutes library) just to cover it.

 

This is what I was refering to in my post 49

[mariejader]

thanks again

[mariejader]

I am just about to post the gogw rejection letter. (recorded)

 

Has anyone also e-mailed a copy to Ms Kirkman?

 

Still not received a copy of the AQ or anything from the courts

[mariejader]

Nice to know I've got company...have been following your thread & charleyfarley's.

 

 

I think there are a few of us at the same stage, Charleyfarley was about three days behind me, I know he had his copy of defence and also the AQ, so now I guess I am going to have to copy both of you

 

 

 

Don't know if this is any help to you [email protected]

 

I will send her an e-mail have posted original today

 

Thanks Villafan

[mariejader]

I not able to use my main computer where all my letters are stored so until later I am unable to e-mail Ms Kirkman, do let me know if you get a response.

 

Still no AQ in the post

[mariejader]

Gesture of good will, did you not get one with your defence?

[mariejader]

Just seen the topic below I am getting a little excited now but need some help please with:-

 

This court is local to me so will I be able to ask the judge to look at it as it's local?

 

 

If I can where and how do I ask this question?

 

 

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/73352-defense-struck-out-judge-2.html

 

 

Quote:

Originally Posted by Magic Pockets

Hi there. Sound slike an awsome result!

 

Could you post (or pm) the case number so we can reference your case in our hearing when Natwest post their defence (probably the same one!)

 

Cheers and well done again!

 

You cannot refer to other Small Claims cases in your Claim. They have no Authority

 

No, you may not refer to them per se, but you can ask that the Judge take into account any "local knowledge" he may have

 

(2) A judge can rely on his own local knowledge, as long as he does so properly and within reasonable limits, and as long as that knowledge is general in character and not liable to be varied by the specific characteristics of the particular case. Judges using such knowledge were to be regarded as fulfilling a constitutional function.

 

(3) Applying these principles to the present case, the judge was entitled to take Judicial Notice of his special or local knowledge of how the appellant had conducted itself in relation to undertakings given in similar cases.

[mariejader]

Thanks so much Gary for taking the time to reply to my topic, I am hoping that my AQ will be in today's post so I can get it back to the courts and hopefully they will do what they have to do before the Easter bank holidays.

[mariejader]

Finally my AQ has arrived in today's post it needs to be completed by the 13th April.

 

 

and if you need help locating any of the attachments then let me know

 

Which attachments are you refering to Gary

 

As I have most of the AQ alread printed out I am going to try and do the final adjustments this am and take it back to court today, will this speed things up? and do Abbey have to compelte one also and send it back to the court in which case there is no point me rushing

[mariejader]

Would you mind:D that would be good Gary I have searched and cannot find the link

[mariejader]

thanks once again

[mariejader]

Hi, thought I'd just let you know Inga DIDN'T reply to my e-mail or letter so my AQ has now been filed at Court

 

What did you end up e-mailing her, just the rejection of GOGW?

 

Glad you got your AQ filed with the court I am going to do mine this week, it's practicallly done, just have to make a few amendments as in the above posts and then print it again.

[mariejader]

Well the Aq has to be with the Court before the end of the week, I had planned to do it today and hand it in tomorrow, but the Easter sun was far more appealing so the AQ did not get completed.:o

 

however the sun tan is coming along fine;)

 

Hope you all had a very Happy Easter

[mariejader]

Just thought I would give you all an update, I have just got back from the Court after handing my AQ in it was not due to be in until Friday but I did not want to leave it to the last minute.

 

The lady at the court was so helpfull they have already received Abbey's AQ so they put it with my claim and I asked when would the judge see it? she said he probably won't because of the new rules regarding AQ's, I think I missed having to file one by a day, (so I said and I hope I have done the right thing) I wanted him to see it as I had included some information about a local case and the Lincoln case, plus I thought I had spent all that time preparing it I wanted it looked at.

 

So it will be refered to the judge on Monday or Wednesday, I really want it to go Wednesday because of the Judge who is in that day, but the lady at the court said they all work on the same principal so hopefully by the end of next week I will have a Court date.

 

I have not received Abbey's AQ yet but have just posted to them a copy of mine,

[mariejader]

Well hopefully the process will now start to speed up with the courts stopping the AQ's,

 

I had a look at my claim since it was submitted the interest has already increased it by £48.50 so if you look at it that way the longer it takes the more we all get:p

[mariejader]

Originally Posted alexted

 

I've been away for a few days and it looks like I've missed something: no more AQs? I haven't received one yet, so is it unlikely that I will now?

 

It depends on your dates for the defence to be filed I think

 

Originally Posted byphilread1

 

I can't understand why more pressure is'nt being put on the financial institutions from those above to stop these claims before they get to the court process, maybe by giving out refunds at the LBA stage. I hear some banks are now doing this.

 

Nat West paid my two claim at this stage which was fantastic, I can see why most of the bank's won't pay out before court as I feel if they did they would have more claims, there are so many people out there that will not submit court paperwork so that way the bank wins

[mariejader]

Alex it may be an idea to give the court a telephone call and ask if you should have received it also look here

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

[mariejader]

I know there are at least 5 of us on here that filed AQ's within 24 hours of each other can I ask if you have received a copy of Abbey's AQ?

 

When I went into the court on Wednesday a copy of Abbey's was already there (early) as I had not received mine at that stage I thought it would arrive in Thursday's post but it did not and I have not received a copy just wondered if this is standard practice?

 

I have send Abbey a copy of my one recorded and would like to see what they have put in their's although I guess it's the same as everyone elses I still would like a copy, I think I may e-mail Inga and ask them to send me it, don't know if she will comply

[mariejader]

Thanks Phil I guessed it would be standard but I would like a copy

[mariejader]

thanks for the reply Bridget, I am sure Charleyfarley received a copy of Abbey's AQ? which made me think maybe mine had got lost in the post, obviously not

[mariejader]

Mornig Cassie thanks for the reply it's interesting to know that you have received a copy as I said I thought Charleyfarley had received a copy also, it seems funny that myself and Lady E have not

 

I have sent an e-mail to the over worked people at Abbey yesterday and requested that they send me a copy