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    • I think it would be a mistake not to respond. Although the circumstances were pretty different, we are dealing with a case elsewhere on this forum where somebody decided not to respond to an email and they ended up in subsequent proceedings paying quite a heavy bill of costs. I thought it was unfair and rather Draconian decision of the judge – but it shows that it can happen. It's clear that you will have to accept the money is satisfaction of judgement. However if you want to play them a bit then I suggest  
    • I received the first signs of life from Shell Energy's "legal counsel" regarding the 1st claim and default judgement awarded against them.   I have attached a redacted copy of the letter where they indicate they look forward to receiveing a letter of confirmation.   I am confident I know why they have sent this request and more importantly how they intend to use any response.   I have prepared two options.   1. Ignore their letter (This is probably the best option).   2. Reply succinctly.     Shell Energy - Warrant of Control Response - Redacted.pdf
    • I found an old defence I used and tweaked a bit. Unfortunately I think I messed up in not asking for a statement in my cpr, while it wasnt referred to in the poc it does have the amount. There were no paragraphs and it looks like it was done on a phone or even an excel import??. I dont know if not requesting the cpr means I cant ask for proof of how they got the amount?   Is that enough about the lack of account details?, I mean my cabot ref is at the top of the page but 100% no aqua account number on here. That would surely come under having to prove    Please feel free to tweak etc. Wasnt sure how to word the s78 stuff as I didnt want to lie with it being not in default till weds.     Photo of poc is shown above to show how lacking it is in format in particular        Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.     It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement and have sought verification from the claimant.   3.     No account details are given in the particulars of claim linking the claim to the defendant.   4.     It is denied or I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua.   5.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement and; (b) show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfill my CPR 31:14 request.   7. On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • Hi Dixon,   If you don't mind, I'm ignoring the CCJ for the moment.   I'm more interested in what you last said to the police about their failure to investigate the fraud against you commited by FTR Ltd and O'Hara.   If you don't want to post it on-thread, send it to me by PM.
    • ok not to put too finer point on the 'silly' mistake ( as in terms of you are a 'litigant in person' - joe public against the 'system') you made on your claim, there are guides on the same website about raising a claim and how to do it properly, but IMHO there should also be LiP leeway regarding this.   did you seek or read any help, as getting the correct entity to sue is quite important, the example you relate too would not be an issue, but suing a corporate entity is, they have lots of money and clever legal eagles.   i have no doubt that, by whatever way, should you rectify this error , you would be successful mind.   on another issue, have you written to apple uk retail offering to mutually settle this if they pay the price of the device or replace it and call it quits?   i will guess this is all you really wanted at the start and now at the end of the day.?   would you seriously lose out money wise if this were agreed?        
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foxy v abbey


FOXYLADY1970
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There is a spready with a list somewhere but I'm going to watch the football so I'll have a little look for it later tonight Also I've calculated using the survey on the front page averages, that Abbey have refunded about 300 customers from this site, which I thought was quite a telling stat to use.:)

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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Hi foxy,

 

Half -time

 

http://www.consumeractiongroup.co.uk/forum/general/64871-spreadsheet-claims.html

 

latest Abbey claim is 13/03, but you've got plenty to choose from

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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i got confused...my brain hurts

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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Hi,

Not sure if I should write to Abbey and ask for there cooperation to the terms of the court order dated.................... and tell them that I am now preparing my Court Bundle and will also be asking for £80.00 towards ink and paper and 40 hrs @ £9.25 for the time it has taken me to prepare to go to court.?????????????????

Ordinarily there are no costs awarded to either party in the Small Claims Court. But if one party behaves unreasonably, the other can ask the Judge to award costs in accordance with CPR27.14; namely £9.25per hour Bundle prep and £6.75 per letter. However, don't write to the Judge (or Abbey) Just ask Abbey for it as part of the settlement prior to Court (ie include it in the inevitable telephone conversation with James/Inga just prior to Court). They didn't even raise an eyebrow at my 34hrs. I had ready a schedule of how that was made up but they didn't ask. Clearly, if they refuse to pay prep costs, just threaten Rule 27.14. http://www.dca.gov.uk/civil/procrule...enus/rules.htm

Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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Hi everybody,

 

Bundle all done and ready to send to abbey :D god it took some time, and had couple of sleepless nights, anyway its done now so lets just see what happens

 

Am just putting details together and will pin so that when I finally get a phone call from somebody I will be ready to talk settlement.

 

I am going to ask for 35 hrs @ £9.25 for putting bundle etc together and £50.00 to cover cost of ink, paper postage etc.

 

so with the court costs this will put my amount up to £1818.72 - £230.00 goodwill gesture they have already paid.

 

total due £1588.72.

 

Would I need to advise court that the amount has gone up or just leave it as I understand that on small claims you cannot claim for costs.

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Foxy,

 

On my N160 ( Notice of Allocation) it says in a box at the bottom under "Notes"..........As you have consented to your claim being heard in the small claims track, any costs allowed to the successful party will be limited to the maximum sum which can be awarded in the fast track".

 

 

Is yours the same?

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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Foxy,

 

It looks like the drinks are going to be on you............:):p

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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Hi Foxy,

 

Haven't been on here for a couple of days, glad it's going ok for you! Did you send a letter with your bundle requesting your costs or are you going to wait until they contact you?

 

I've had so much on the last few days but I really must get back on track with my witness statement & bundle & get it off to them!

 

Villafan

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Hi Foxy,

 

Witness statement has to be exchanged by 17.05.07 & bundle lodged on 31.05.07 but I'm planning on sending them together before 17.05.07. I'm busy printing & photocopying at the moment inbetween looking after & sorting out 2 children & 1 hubby! Trying really hard to get it done asap as my computer keeps crashing on me.:eek: I think I might have to invest in a new one with my payout!!!!:p:D

 

Villafan

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hi villafan,

 

Yes i know how you feel i have 3 children to run around after and run my own business so been busy time for me also.

 

I have not sent off bundle to court as i need to advise them if abbey stick to the directions or not so cant do anything until the 14th May.

 

Keep me posted.

 

Foxy

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hi everybody,

 

im a very happy girl today just had letter in post from inga kirkman saying they will settle with me in full cheque will be sent out or paid into account.

 

thank god for that looks like I have won will inform the courts once money has gone into my account.

 

:) :) the good news is they didnt take off the goodwill payment they had already paid me so £260.00 better off.

 

thank you for the help everybody and keep me posted on how your getting on.

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Hi Foxy!

 

CONGRATULATIONS & SNAP! Only thing is I don't agree with her figures so have e-mailed her & just awaiting a response.

 

Wonder if charleyfarley has received a letter too?

 

Hope you've got a nice big smile on your face :D :D

 

Villafan

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FOXY.....................looking good:)

 

Well Done..............you don't get congratulations unti lyou get the cheque;)

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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no was going to do it when they called but never mind they have over estimated the claim anyway as they have not taken off the £260.00 they have aready paid into my account.

 

how much less is your for

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Well done Foxy lady ....really good news . Am I right in thinking that you did NOT submit your court bundle ?

 

Checked with the Court yesterday and my AQ is still with the Judge !!!!

Absolutely nothing heard from the Abbey , I am a little tempted to call them but on the other hand I would prefer that they contact me , as I dont want to look as if I am begging .

 

Charleyfarley have you had something in the post ??

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hi lady E,

 

I had sent my bundle to abbey but not onto court as they didnt want it until the 6th June abbey had to send there bits to me by 14th May and then I was going to inform courts and send on bundle to them saying abbey had not repied to order.

 

will let you know when I have received the money.

 

keep me posted on your claim and good luck

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