Fendy - v- Abbey ***WON***

[fendyweather]

Lol Lol Charleyfarley and Parkvale.......... Im trying to restrain myself folks. Its bad enough really that the nutty west thread has over 115 pages now, I wanted to keep this short and sweet to try and help anybody else claiming against Abbey, thus they wont die of boredom before they reach the end of the thread, Lol xxxxxx Although once my Natwest claim is over and finished and I have the lovely spondoolies in the bank then I suppose I will have to confine my daily ramblings to this thread instead. Not a lot you can do with a thread once its changed to WON is there. Lol xxxxx Charleyfarley, whats grockles ?????

 

Anyway back to business for now. Received full defence from Abbey today from court, albeit 4 days past the 28 day deadline, but better late than never as the saying goes and I didnt want to go for judgement as I knew I would probs end up with a SET ASIDE if I did that too early. Anyhow defence through court arrived this morning. Basically what I thought it would be. District judge has dispensed with the filing of AQ. So now going to send same letter to Shabby that I sent to Nutty West, ie. offering final settlement for full amount less about a fiver to show goodwill in negotiating skills, lol............. and copy to court and also draft order for directions to court to ask for allocation to small claims if poss. So will use same letters Ive used for Natwest case already, but obviously put all Abbey Details in there. Cripes Ive already done letters on the natwest case today, looks like Im glued to the pooter a bit longer yet. Just hope its all worth it at the end, Im sure it will be, I mean, winning is a foregone conclusion on here surely. Lol xxxxxx

 

Bl**dy cold here today. Dull, dark, grey and flipping chilly billy................... so better to be indoors I suppose, rattling letters off to courts and defence sols............ lol xxxx This is taking over my life. Lol xxxxx Ooooo I want the spondoolies for a holiday........... need to serious sunshine.............. feeling milk bottle ish..............xxx lol xxx Fendy xxx

[fendyweather]

Letter i.e. Draft order for directions posted to court, together with copy of my letter offering to settle for a fiver less than I have to, to Mr. Arandale. Sit back now and see what happens next. Fendy xxx

[charleyfarley]

Lol xxxxx Charleyfarley, whats grockles

?????

 

Grockles is the slang name for tourists in Devon.............and they're known as emmetts in Cornwall:)

[standingupformyself]

I knew you had to be from Debn'shire Charleyfarley... No-one else seems to know about grockles! And we will win our money back dreckley!!! xx

[charleyfarley]

I hope it's a bl**dy site sooner than dreckley sufm!!

[fendyweather]

Whats Debnshire and Dreckly.???? Help, I dunno understandi................... well its 14th May, horrible day and still not had anything from court or anybody about whats next.............?? Still waiting............... nothing since 4th May saying AQ dispensed with. Thats it................ what next. I know what should be next, i.e. directions from court about what track etc. but to date, some ten days later and still nothing. No response to my draft order for directions to judge, and nothing from Mr. Arandale about my offer to settle for a fiver less than is due, lol.xxxx so just waiting waiting waiting. Nothing changes much does it. Lol xxxx:p

[standingupformyself]

Deb'nshire: Is the way Devonshire is said with a broad Devon dialect

Dreckley: Devonian/Cornish word meaning "In a while" or "Later", basically if you say you will do something dreckley, then it will happen but not yet !!!

[fendyweather]

Lol Lol Lol Lol................... OMG Ive never heard that before, its right ol tickled me silly, lol lol lol xxxxx

[KnellyK]

nothing from Mr. Arandale about my offer to settle for a fiver less than is due, lol.xxxx so just waiting waiting waiting.

 

Hi Fendy

I remember reading on someone else's thread that Mr Arrandale left Abbey on 2nd May! The threads indicate that Inga is still there and someone name Willhem Basson! That might be why you've had no reply from him yet!

[charleyfarley]

Lol Lol Lol Lol................... OMG Ive never heard that before, its right ol tickled me silly, lol lol lol xxxxx

 

it doesn't take much to tickle you does it, Fend?? :)

[fendyweather]

Im easily tickled Charley Farley. Well still nothing, so the wait goes on. No request for AQ since northampton dispensed with it and passed it to my local court, and no response to my Draft Order for Directions, and copy of letter send to court showing I had tried to negotiate with Shabby Irrational. So just waiting waiting waiting, whistling whistling whistling................. but waiting is peasy, cos it means I can swot up on the next stage. Lol xxxxx

[beckz27]

Im easily tickled Charley Farley. Well still nothing, so the wait goes on. No request for AQ since northampton dispensed with it and passed it to my local court, and no response to my Draft Order for Directions, and copy of letter send to court showing I had tried to negotiate with Shabby Irrational. So just waiting waiting waiting, whistling whistling whistling................. but waiting is peasy, cos it means I can swot up on the next stage. Lol xxxxx

 

 

I seem to be at the same stage as you, Northampton have transfered my case to Liverpool county court and i have as yet not recieved my AQ.

Could you tell me what the 'Draft Order for Directions' is please i don't appear to have come across this and don't remember sending anything like that away.

[fendyweather]

Hi Beckz, have you received a notice from your local court stating that the AQ has been dispensed with, or anything giving further directions at all ???

[fendyweather]

Read all this Beckz. I sent a letter to Abbey as it says to do here stating you would settle for XXXXX amount, ( I knocked a fiver off my total claim, no more, in order to be seen as being reasonable about settling before hearing). Dont knock any more than a fiver off, round it down the nearest 10 below the true value of your total charges and interest. Then send copy of this offer to your court to file with your claim, then also send the Draft Order for directions below with the covering letter. And send by recorded delivery so you have a record of it being sent and delivered. Nothing to worry about, just spend 20 mins reading it and taking it in.

 

All the best.

 

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html

 

Heres a couple of links about what to do next if your court has dispensed with the AQ. Here you go, open and read these Beckz. And follow what it says to do. This is what I did.

 

Is your court dispensing with the Allocation Questionnaire?

Bookworm

 

Another thing:

 

When you have filed your AQ................ for peeps when they had filed their AQ's.

 

If you haven't yet had to do an AQ - some of the info is still very pertinent to what to do next. Take a look and see how you can vary it and use the info to help you in dealing with the court and DG. Obviously not all of it is relevant - but some of it is and may help.

 

 

HERE'S ANOTHER BIG ADDITION TO THIS THREAD AS OF FRIDAY 6 APRIL

 

It has been suggested by Bookworm in this thread:

 

Is your court dispensing with the Allocation Questionnaire?

 

that if you find yourself in this position - you send the Draft Direction to the court you've now been transferred to - the same as if you were filing an AQ using the new strategy:

 

New strategy for Allocation Questionaires

So, this would mean a cover note like this:

 

 

 

 

 

 

 

 

[Your address]

The Court Manager

****** County Court

Court Address

Court P/code

 

 

[date]

 

 

 

 

Dear Sir/Madam

 

 

 

 

 

You -v- Bank Plc

Claim Number: *******

 

 

 

 

It is noted that in my case referenced above that the Allocation Questionnaire has been dispensed with. I am aware that this is likely due to the large volume of claims that consumers are bring against the high street banks. I am also aware that to date the banks have failed to defend a case in the courts and that they often use the court process to extend and delay the period of time within which they deal with these matters satisfactorily.

 

 

 

 

In light of this the Claimant respectfully suggests that special directions may be made as per the enclosed draft order.

 

 

 

 

The Claimant believes the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed in advance of any hearing so that this claim may proceed justly and expeditiously.

 

 

 

 

- The crux upon which this claim rests is the true loss suffered by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the Unfair Terms in Consumer Contracts Regulations 1999 and common law principles established since the early 1900's.

 

 

 

 

- In the event that the Defendant's charges were accepted as being a fee for a service (which is refuted), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

 

 

 

The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is incumbent on it to disclose such information. Further, the proposed directions are already routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

 

 

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

 

 

 

Yours faithfully,

 

 

 

 

 

[name]

 

 

 

 

enc: Draft Order

 

 

 

 

 

THEN ON A SEPARATE PIECE OF PAPER - THIS:

 

 

 

 

 

 

 

 

 

Draft Order for Directions

 

 

 

 

 

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

 

 

 

AND ONE FURTHER BIT OF INFO - I KNOW IT'S DRAGGING THIS POST OUT BUT I THINK IT BEST TO HAVE AS MUCH AS POSSIBLE ALL IN ONE PLACE SO:

 

If the judge were to grant the draft order it would mean that when the court asks for the info - this is it, in triplicate (one set for you, one for the court and one for dg) - so DON'T do this until it is ordered by the court and it is about 5 days from being required as it is a heck of a lot of copying - probably over 200 pages times 3.

but this is the info that would be required should the draft direction be made an order:

 

If the judge agrees with the draft order and makes it a direction, it will come back to you and you will have at least 14 days (the date will be on the paperwork) to send in four things:

 

a) your schedule of charges. (ie a copy of your spreadsheet)

b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (subject Access Request) (only send the statements with charges on them.)

c) A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionaires

d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle.

 

This whole thing runs to around 200 pages and should be done in triplicate: one copy for you, one for the court and one for dg – that’s 600 pages of copying – LEAVE IT UNTIL YOU KNOW FOR SURE YOU NEED IT. If an offer comes in from bank and is accepted you wouldn’t need it. Really leave it until you have to do it to meet the deadline set by the court!

 

PHEW, THERE YOU GO Beckz. READ IT SLOWLY, TAKE IT ALL IN AND ACT ON IT. Then just sit back and wait again until you hear further from the court. All the best. Fendy xxxxx

[fendyweather]

Right, postie just been bringing news of my claim from Shabby Irrational.

 

Received........... NOTICE OF DIRECTIONS................

 

Take notice that the directions will take place on 2nd July 2007 at 11.30AM at Keighley County Court, address etc................

 

When should you attend:

 

30 minutes has been allowed for the directions. The hearing of this case will take place by way of a telephone conference. The defendants legal representative is ordered to arrange the telephone conference. Please quote number XXXXXXXX when arranging your telephone conference. Time estimates for hearings must be accurate as they will not be allowed to over run. In the event that a time estimate is insufficient then please contact the court. Please note that time has been allocated for the judge to read all papers in advance of the hearing. Please Note: This case may be released to another Judge possibly at a different court.

 

End of.........

 

So thats it.............it doesnt ask me to provide any information prior to the directions hearing, so I presume now I just send letter to Abbeys legals (at which address ?) asking them to set up the phone conference. And is that all it is for ?? just to allocate track and give directions. ?? I dont need to send my whole court bundle in before then do I ?? I think not, but some reassurance would be nice ?

 

Anybody ??? Thanks

 

Fendy xxx

[Parkvale]

You like your telephone conferences don't you ? It will be the same as your Nasty Westy one. Ring the court just ot make sure and ask them what you need to do.

[fendyweather]

Thought as much Parky..................... last time I rung court for Natwest, they were very vague............. just said, Erm, No, you shouldnt need to submit anything prior to then, erm, I erm dont think, erm............ erm, erm, erm..............................

 

Didnt fill me with confidence. It clearly states hearing for directions, so I think they would have put what I needed to submit, if anything at all. So I will send Shabby another letter today, basically stating again, will accept XXXXX (being a fiver less than total claim), and if they dont want to accept those terms, then go ahead and get the telephone conference set up................ why is it always phone hearings with me.............. Nutwest one gone the same way. Not that Im bothered, I just hope its a positive step that perhaps the judges at Keighley are ticked off with the banks abuses, and hopefully not cos of yesterdays win for Lloyds. i.e. sorry Mrs Weather, you lose cos of the Lloyds thing yesterday, Lol xxxxxx

 

I know its highly unlikely, but why is it always flipping phone conferences for me. WHY................... Lol xxxx

[charleyfarley]

Fendy,

 

If you talk on the phone the way you write your posts, then the Judge and the Banks won't get a word in edgeways...................they might as well concede now and just pay up, citing exhaustion, and sore ears due to Fendy's rants:)

[fendyweather]

Lol Lol Lol. Fendys rants............................ gee thanx mate............. and I thought I was providing daily entertainment, not rants, Lol xxxxxx

[charleyfarley]

Lol Lol Lol. Fendys rants............................ gee thanx mate............. and I thought I was providing daily entertainment, not rants, Lol xxxxxx

 

 

Sorry dear,didn't mean to offend you, let me think of a nicer word................thoughts/streams of consciousness/ideas /explanations/sharing of opinion:)

[fendyweather]

Lol Lol Lol. much better my friend, yes, that will do nicely.................... I like that . Lol xxxxx

[beckz27]

Hi Beckz, have you received a notice from your local court stating that the AQ has been dispensed with, or anything giving further directions at all ???

 

 

Phoned the court this morning and they told me that as there are so many bank claims going on just now the judge has asked that not everyone gets an AQ, and i'm one of the ones not getting one but still have to pay the fee. Not sure if its good or bad not getting an AQ, could you let me know what will happen next if you know cheers.

[fendyweather]

Hi Beckz and all, Ive had letter as you know stating telephone conference hearing for directions, and its taking place on 2nd July. Ive sent letter to Shabby asking them to organise it, get it all set up, together with my phone number to do same, etc. etc. also sent them a letter (showing my nice Mrs, Uber lovely pants attitude) by offering to knock off a couple of hundred quid off my total claim in order for them to settle prior to court hearing. I only did it so judge can see what an uber nice girly pants I am, by trying to negotiate without having to involve court, and waste courts time and resources, Lol Lol xxxxx Im naughty. Sorry.

 

I sent that two weeks ago, and to date, diddly nada pants. Shabby havent even had the courtesy to reply to me to say theyve set the conference up for the 2nd July at the time requested by the judge. I never got AQ, I never got asked to pay any AQ fee, so Ive spent much of the time swotting up like school girly trying to get my head around everything, arguments wise that I might need to state in the conference. Ive been assured by my guru, Mr. Parkvale over on Nutty West forum, that I wont need to do anything, representing myself obviously, litigant in person, (love those uber legal wordy stuff ings ), and that uber legal judgey pants wont scare me with big legal wordies etc. Im hoping he goes easy on me, and doesnt use super vocab ( I had enough with Charley Farley and grockles - I mean whats a grockle, I know now obviously), but never heard of a grockle before, Lol xxxxxx

Grockles, otherwise known in wee bronte country as

 

OFFCUMDENS............... Lol Lol xxxxx

 

It means, not of these parts, just visitin, like most of the little jap tourists running around Haworth Moor trying to find the Bronte Waterfalls (i.e. trickle).......... thats ripe for suing under the trades descriptions act if ever there was a sure thing........ Lol xxxx

 

So back to Shabby. Heard diddly. Nothing.......... so I will just have to assume they have set up the phone conference for directions for 2nd July. I will take the day off work to ensure Im home, with pen and paper and privacy, and just sit and wait now. Not a lot else I can do. Have same thing with Nutwest claim, next Tuesday, so its all go at the mo. Sent LBA to Capital One today for that claim, offering to knock off contractual if they settle now rather than at court stage, so am utterly involved in all this claiming at the mo. I couldnt do it without my virtual buds on Nutwest forum though, Hedgey06, Parkvale, Enaid, Archer66, WendyB, the wonderful Mr. Seahorse, and the zillions whove popped into my zany nutwest thread. Gawd, there is life after bank charges................ thankfully. Fendy xxxxxx

 

HAPPY WEDNESDAY ALL. XXXXX

[fendyweather]

Bored, just waiting for something to happen on this. Fendy xxxx

[charleyfarley]

Hi Fend,

 

Join the "bored and waiting for Abbey to stir their a***s" club:)

 

I've never heard of another phone conference and you've got TWO on the go!! Is it something your local Judge likes? is it a video conference?