d1 v abbey ***WON***

[d1cky]

i have had an offer off abbey for half the money im not taking it, i am using the new strategy 4 my aq, has n e 1 done this with abbey yet?

[bp]

yes d1 i did but for some reason the judge decided against, you'll just have to wait and see, I do hope the judge goes for in your case, get ready to do your court bundle just in case

[d1cky]

yeah me too, i have also sent the aq and draft order directions to abbey today i was thinking of waiting till nearer the dead line to hand it too the court, to give the bank a bit more chance too offer me full payment b 4 futher court proceeding, do u think this is a good idea?

 

do u think i should attach the offer from abbey to the aq that i am giving to the court? and i have sent nothing to decline this offer too abbey , is this ok?, or do u think i should write to them i have actually declined?, i mean i am sure they will know what my decision is when they recieve my aq and draft order!

[Mad Nick]

d1, need to be a bit careful - was the offer letter marked Without Prejudice (mine was) ? If so, that makes it inadmissible in the Court proceedings. Regards, Mad Nick.

[d1cky]

yeah it does thanks nick, i wont be doin that then, i take it that means i cant mention that throughout the whole case, bit out ov order thats vital evidence that they are admiting defeat atleast by half! wot do u think on the rest of my passage?

[Mad Nick]

d1cky,

i was thinking of waiting till nearer the dead line to hand it too the court, to give the bank a bit more chance too offer me full payment b 4 futher court proceeding, do u think this is a good idea?

Good idea in theory, but no point with Abbey - they'll stick in their AQ just before the deadline.

 

or do u think i should write to them i have actually declined?

Yes (to Abbey). http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

Regards, Mad Nick

[d1cky]

oh damn, only just passed second thought after wot has jus bin written, i was using a different site to this first of all but they only went up to mcol bit, they didnt explain n e thing about wot u had to write or nothing so i tackled this 1 by my self, and in the poc i jus wrote a short very basic paragraph. this is wot i wrote:

 

i am claiming against abbey national plc, for unlawful bank charges 4 the sum of £364. i am also claiming 8% interest which adds up too £64.76 making a total claim of 428.76.

 

i didnt realise u had to go so deeply into the situation, can any body help me as to wot i should do now?

[Mad Nick]

d1cky, wot site were you using !!!! I've seen quite a few threads where a Bank's defence have highlighted the inadequacies of a POC and one where the Judge did the same. In the latter case, I seem to remember that the Judge gave the Claimant so many days to produce a sensible POC. If I've read your thread correctly, Abbey have defended but they haven't ripped into your POCs. Odd. But in that case I think that you've got the following options :

• wait and see what the Judge does.
  • If he issues standard Directions and sets a Court date, you might get away with it because you can rectify the situation by arguing it properly in your Court bundle. Abbey won't want to enter Court, and Bob's your Uncle;
    
  • If, as I say, he spots the flimsy POC, you'll get directed to sort it out

OR

• you could just submit an N244 amendment to your N1. Costs £35 though and I think there has to be a hearing to accept it.

If it was me ? I think I'd wait and see what the Judge says. But interested to hear other opinions. Regards, Mad Nick

[d1cky]

thanks nick, i think ill wait to see if n e 1 else wants to add to that, i have untill wednesday to give my aq too the court so i supose i have a bit of time to weigh up my options, but i will get all ready incase i do need to amend. ta very grateful for ur thoughts!

[Bigmac versus]

If you are told to sort it which is more than likely, then you have no problem in getting it sorted, if you are unable to do so give me a shout.

[d1cky]

i also realise that i have ticked yes instead of no to the human rights act 1998, shall i jus do a n244 now?

[d1cky]

aq's were due in on wednesday, do i jus sit bk and wait to hear from the courts or do i follow up and find out if they have submitted thiers?

[d1cky]

right i submitted my aq a wk ago now, the deadline was wednesdy, i also did a n244 and a new n 1 form! i also wrote an e-mail to abbey regecting thier offer of half, but give them another chance to settle in full, b 4 further interest was added i also said that if they did decide to settle now i wouldnt bother claiming for costs and/or compensation as i thought this might prompt them to settle now, but have heard nothing from them, i am going to withdraw the offer tomorrow and tell them that i will see them in court! does n e 1 know about claiming costs and/or compensation as i would now like to do this if possible?

[bp]

hi don't know about compensation but u can claim for costs however, its at a later stage when u have to submit your court bundle as directed by the judge.

 

hope that helps

[d1cky]

yes i am waiting for directions now, do u know what i do to claim for costs? thanks in advance!

[bp]

you claim for:

 

Time spent doing the bundle charged at £9.25 per hr (as admited by Inga the average bundle takes about 20hrs)

 

postage

 

stationary including the folders, ink paper

[d1cky]

After a long wait I have received a letter today from court, which i quote, " TAKE NOTICE that the ALLOCATION HEARING/CASE MANGEMENT CONFERENCE will take place on" etc etc. does this mean im going to court to decide which track i will be allocated, if so y is this?

[d1cky]

i have a court date now for my abbey claim, it is only for allocation tho!

[d1cky]

b.u.m.p

[bp]

hi d1, initially, i had the same prob where abbey queried the amount i was claiming. Partly because half of the claim was estimated, however, once i reminded Abbey that they had not sent me the statements and that they had been aware of it, it worked out OK.

 

have you double checked all the figures? if all is fine then i wouldn't worry about it. Just turn up on the day. When it gets closer to the date, to calm some nerves, you can always ask the court if you can visit just to familiarise yourself.

[d1cky]

i havnt seen abbeys aq, i havnt dbl checked the charges , but i will do, my claim is only for less than £500 and im only claiming the 8% interest. y would this be desputed at a allocation hearing i thought this was solely for allocation!

[bp]

hi, in your case, i don't think it will be a problem but, best to be sure. as to the hearing, i'm surprised that some courts are still going for this since it should be clear by the amount you are claiming which tract it should be allocated to. But hey! maybe i'm missing something.

[d1cky]

ok, i have dbl dbl checked the amount and i have not made a mistake , i have also checked that that amount corrisponds to all letters i have wrote and any court documentation i have prcessed and it all looks good, so unless it is to do with the interest which comes to around £70 which i calculated using the cag interest calculator i really dont know y i am going to court for allocation! beats me:confused: !

[bp]

In that case i'd say don't worry about it then (unless someone else on this site says otherwise). Just wait and see.

[d1cky]

cool thanx alot bp