kia *ANOTHER ABUSE STRIKE OUT!*WON*

[kia]

thanks charley sorry for delay couldnt get to compty.Still playing the waiting game by the way the AQ do the abbey have the same timescale as me cos i think there times up and ive not heard a thing yet and by the way i might have posted this twice but dont worry about it i dont

[kia]

ive checked on my court form its dated the 19th so thats Thursday so do i phone the court office on friday to see if theyve sent theres inxxkia

[Karish]

Yes thats what I did. Unfortunately they had returned their form so I am now waiting for my court date. Good luck.

 

Karish

[kia]

hiya no news yet so now im getting itchy feet dont know what there next sneaky move is and still to get to grips with court bundles mind you i was the same with speadsheets as well and with a bit of help got there eventually will update when news xxkia

[kia]

hiya just been chatting with a friend and shes heard from someone else that the banks are defending there cases in court is there any truth in this does anyone know or is just another rumour cos ive not heard this particluar one

[Michael Browne]

is just another rumour

Yes and a false one at that!!

[kia]

thanks michael thought so just thought id check as my friend seemed convinced it was truexxkia

[charleyfarley]

Hi kia,

 

Just thought I'd give you a nudge to see how you're getting on. Any news yet?

[FOXYLADY1970]

hi kia,

 

Any news yet?

 

me and charleyfarley are intrested to see if you have heard anything yet as we are waiting

 

foxy

[kia]

hiya absolutly nothing so really bored now no court date and no letters no nothing postmans forgotten my address least you guys havent xxkia

[kia]

right got letter today it says it si ordered that the claimant do by 400pm on the 23rd2007 file at court and serve a schedule setting out the amount of the individual charges.The dates they were applied to the account and the reasons given for such charges.and the rest is alot of gumph about it being thrown out if i dont.help!!!!!!!!!!!!!!!!!!

[charleyfarley]

Morning,

 

Haven't you sent a schedule of charges(your spreadsheet) with your claim into court?

[kia]

no arrghh!!!!

[kia]

right charley says the harem leader that ive to write this letter in complete form cos its telling me theyve struck out the abbey on mine as well see what everyone else thinks he goes

 

IT IS ORDERED THAT

 

1.The claimant do by 4.00pm on the 23rd May 2007 file at Court and Serve on the Defendant a schedule setting out the amount of the individual charges.The dates they were applied to the Account and the reasons for such charges.

2.The Defence be Struck out as an abuse of position. If the Defendant seeks to Set Aside this Orde they shall have their Application file a schedule of all cases which they have allowed the trial where similar defence have been filed,and have pursued the defence at trial.

3. Refer back to District Judge ************** thereafter for directions

.

 

Dated 24 April 2997

 

well what do ya think

[Guest ChloeJane]

Ok,

 

Hi we were chatting in the chatroom.

 

What this basically means is that you are being asked to provide the court and the other side a copy of your charges. If you did this in the spreadsheet fine - all they are requiring is a copy of your charges - by date - reason for charge and amount.

 

Send this to them by the date as stated in point 1.

 

The second bit is stating that they court are seeking to strike out the banks defence - as an abuse of position. Which is correct as they are abusing the right to charge you as they do.

 

So - the judge has struck out the defence which means unless they come up with a very good reason that they should be allowed to defend - (they wont), then with no defence, you win.

 

What the court are doing are they are aware that the banks are abusing the court process, so unless the bank can prove that they have defended other cases of this nature and on what grounds - then they will not be able to have the order to strike out removed.

 

So in essence.........

 

Send off your figures as they have asked!! - then sit back and wait and the court will be in touch for what is next. As far as I can see - it is a win!!! you need to be patient though while the motions go through and the court will be in touch with the outcome..

 

Good result...!

[kia]

well i think thats it maybe celebrations in order and never even had to set foot near the court room looks like i just wait for the wheels to roll my money to me yipeeeeeeeeeeeee!!!!!!

[charleyfarley]

Well Hmmmmmmm, let me think about this......

 

 

 

 

CONGRATULATIONS!!!

Now get your spready down to court FAST and your money's on it's way.

 

 

PS

 

Make sure you plan for your costs

[kia]

how do i do that oh master of the harem

[charleyfarley]

how do i do that oh master of the harem

 

 

Well,slave girl,

 

Listen and you will learn

 

I would e-mail Abbey quoting the letter from the court in full, and saying about settling, but that you've spent much time,effort,paper,ink, and postage on this claim............and you want it back (reimbursement is the technical term).

 

You'll need to do a spready to show all your calculations, but the going rate is £9.25 per hour of work and this can include research on here as well. Teebum claimed 49 hours work at £9.25 per hour and it was paid. Make sure it's done properly in case they want to see it and add it to your final figure as a separate item.

 

 

Now then,

 

 

Where's that peeled grape I asked you for??

[kia]

oh my god cant really be arsed and alread taken spread thingy in wot know oh master and the grape is in my pocket

[charleyfarley]

Well that's fine.......the court doesn't need it. But you'll need it for the Abbey so there's no desperate rush.......get it ready once it starts to rain on Sunday, and you'll be ready for th'Abbey on Tuesday after a chilled out Bank Holiday, and think what you can spend the extra £400 on.

 

 

 

cf

 

 

Ps have the grape yourself......I don't want it if it's been knocking around in your pocket for most of the day:)

[kia]

oh haha very amusing charley boy and it better not rain on sunday as ive got my tan to top up lol xxkia

[KnellyK]

Hi Kia

 

Will you be celebrating alone or will you involve the harem and master I wonder?

 

Have you seen this?

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=6&a=84

 

It might be helpful for your costs!

[kia]

oh definatly the harem and master wouldnt be right not to eh and the master does like his grapes so much!!!!!xxkia oh and ill have a butchers at the link ta love

[GaryH]

Which court is it Kia?

 

And does this say abuse of process?

2.The Defence be Struck out as an abuse of position.

 

Oh, and congrats, by the way!