Beckz -V- Abbey

[jcaps]

send your schedule of charges to;

 

the court manager

money claim on-line

northampton county court

21-27 st katharines street

northampton

nn1 2lh

 

Not sure you can ask for costs unless it goes to fast or multi track. some people have asked inga or james for costs when/if abbey ring to settle though.

[beckz27]

Not feeling to bright today, who is Inga and James?

[Lula]

Inga and the lovely James are the legal in house people for abbey based in Triton Square

[beckz27]

So IF they call with an offer i just ask them for my expenses back? if they say no what do i do?

[fendyweather]

Depends if its small claims, or fast track ??? But once you get to court stage, if they try and negotiate, you could use it as a negotiating tool. Fendy xx

[beckz27]

Just filled my MCOL this morning, not stopping me now. Just got the other stuff to print and send of to the judge.

 

Hope i haven't missed anything

 

Wish me luck,

[mariejader]

Just filled my MCOL this morning, not stopping me now.

 

Well done

 

[Just got the other stuff to print and send of to the judge Hope i haven't missed anything

 

Are you sending your schedule of charges

[beckz27]

Yes i will be sending my schedule of charges not sure what else to send though. Any advice please?

[beckz27]

My next question has nothing to do with my AAbbey claim but one i have with Monument, i have started a thread on another link yesterday but to no avail. so here goes and sorry for posting it in this thread.

 

After requesting my charges back from Monument, I recieved an offer of £108 from a claim of £318. I recieved the following letter yesterday morning.

I wont right it all as it is 3 pages long;

 

The investigation of your complaint has now been completed. I am sorry that we have been unable to reach a mutually satisfying resolution, BLAH BLAH - In the circumstances, for the purpose of the financial ombudsman service you may regard this as monuments "final response".

 

It then goes on to talk about terms and conditions and how they believe they are being fair. They will not take into account any of the charges apllied to my account that were for £12, then says they are prepared to credit my account with £108 good will gesture.

 

Unsure about what to do next, should i contact the ombudsman and carry on with the full claim contact monument or accept the offer??

 

I have an LBA alredy to go but not sure if i should send it.

 

Any help would be greatfully appreciated, thanks

[Gez]

£12 is still a penalty and they can all be reclaimed. You can send the LBA now and assert that you do not accept their offer & want the full amount within 7 days otherwise you start a court claim. 7 days will be enough because they have already considered your demand and issued a response.

 

The OFT only said that they will investigate credit card charges over £12, they never said that £12 was fair. It has been successfully challenged and beaten.

[beckz27]

Thanks very much.

Will prepare and send my LBA tomorrow and keep everone posted.

[Mad Nick]

Beckz, re your Monument claim. They are painting £12 as a fair charge, when they know full well that that is not what the OFT said. So building on what Gez said, and to show that you mean business, I suggest that your LBA refers Monument to paras 1.9-1.10 of the OFT report which mean, in summary, that you can still exercise your consumer right to ask Monument to demonstrate that all its default charges regardless of size are fair in relation to the UTCCR. Regards, Mad Nick

[beckz27]

Beckz, re your Monument claim. They are painting £12 as a fair charge, when they know full well that that is not what the OFT said. So building on what Gez said, and to show that you mean business, I suggest that your LBA refers Monument to paras 1.9-1.10 of the OFT report which mean, in summary, that you can still exercise your consumer right to ask Monument to demonstrate that all its default charges regardless of size are fair in relation to the UTCCR. Regards, Mad Nick

 

 

Can you tell me were i can get a copy of the OFT report please and what does UTCCR mean? lol sorry not good with abbreviations

[Gez]

OFT Report The Office of Fair Trading: Current credit card default charges unfair

 

UTCCR = Unfair Terms in Consumer Contracts Regulations.

Statutory Instrument 1999 No. 2083

[Mad Nick]

Beckz,

Depends if its small claims, or fast track ??? But once you get to court stage, if they try and negotiate, you could use it as a negotiating tool. Fendy xx

Specifically, even in small claims, a Judge can award you £9.25 per hour for preparing your Court Bundle (which you send in after the AQ and after you get back the Judge's Directions and notification of a Court date). Since Abbey will look to settle after your Bundle but before Court, that's when you tell Inga/James that you want X hours for having prepared your Bundle. Apparently, Inga has said that 20hrs is average but someone (can't remember who) got Inga to pay 50hrs. Regards, Mad Nick

[hellhasnofury]

Beckz, Specifically, even in small claims, a Judge can award you £9.25 per hour for preparing your Court Bundle (which you send in after the AQ and after you get back the Judge's Directions and notification of a Court date). Since Abbey will look to settle after your Bundle but before Court, that's when you tell Inga/James that you want X hours for having prepared your Bundle. Apparently, Inga has said that 20hrs is average but someone (can't remember who) got Inga to pay 50hrs. Regards, Mad Nick

 

Hello,

 

I have read as well about the £9.25 an hour for costs to the individual to prepare for court. I am 100% with this, and will claim for costs.

 

Had they not taken my money as charges, I would now be out in the sunshine, pulling weeds out of my garden etc, instead of sitting at my computor morning, noon and night. Addictive isn't it:eek:

[beckz27]

Can anyone help please?

 

I filled my MCOL on Saturday, know that i now have to send a copy of my charges to the judge but is there anything else i nedd to send him?and any help on a cover letter to go with it please.

[hellhasnofury]

Can anyone help please?

 

I filled my MCOL on Saturday, know that i now have to send a copy of my charges to the judge but is there anything else i nedd to send him?and any help on a cover letter to go with it please.

 

Hiya Beckz, I sent them a full poc to cover all the bits that you could not put in the MCOL box. and also a schedule of charges, In the letter I put my name and claim no and please find enclosed a full poc and soc and pleas attach it to my file. thanks you blah blah.

 

found it in the bank letter templates

 

: 4. Particulars of claim - N1 - hard copy version

 

Somebody advised me to do this just to be sure the solicitors did no questions the lack of details etc.

[beckz27]

Hiya Beckz, I sent them a full poc to cover all the bits that you could not put in the MCOL box. and also a schedule of charges, In the letter I put my name and claim no and please find enclosed a full poc and soc and pleas attach it to my file. thanks you blah blah.

 

found it in the bank letter templates

 

: 4. Particulars of claim - N1 - hard copy version

 

Somebody advised me to do this just to be sure the solicitors did no questions the lack of details etc.

 

 

sorry but what does SOC stand for??

[beckz27]

On eother thing, do i need to send a copy to the bank of th estuff i send to the judge??

[mariejader]

can't answer about MCOL but soc are schedule of charges

[beckz27]

Can anyone answer this please? I have filled my MCOL, Should i send in an N1 to along with the SOC?

[hellhasnofury]

On eother thing, do i need to send a copy to the bank of th estuff i send to the judge??

 

Hello, The soc stands for schedule of charges, sorry that used to really scare me when people used abbreviations. I used to think I was a bit thick and it meant a scary thing or I had forgot something. So I apologise.

 

The court will send all information to your banks solicitors. They only thing I would make sure they have is you soc.

[Mad Nick]

Beckz,

I have filled my MCOL, Should i send in an N1 to along with the SOC?

No need - your MCOL includes POC, so just your SOC. IMHO. HTH. G2G. Regards MN !!

[hellhasnofury]

Can anyone answer this please? I have filled my MCOL, Should i send in an N1 to along with the SOC?

 

Hello Beckz,

 

I am well down the line in reclaiming my bank charges from the Natwest and have a thread on there. I am waiting for my court date from January. I am also reclaiming back charges from the Shabby

 

Please let me clarify my post regarding the Full Particulars of claim. the N1

You have choosen to use MCOL for your claim. That is fine.

 

I used MCOL for my natwest claim, and was advised to also sent the court the Full Particulars of Claim, the N1 version. There is limited word space on the MCOL. I copied it pasted and amended it to my details. Then I sent it to the court with a copy of my soc and asked them to place it in my file. It does not cost anything, but it just makes sure the have the full version. I am sure that not everybody does this. I wanted just to make sue.

 

Maybe PM a site helper or Modator and ask them