Lady E .v.Abbey

[Lady E]

Well I rang the Court today and a very helpful lady said that the Judge still had my AQ and draft directions in his pending tray. She has offered to call me as soon as the Judge has passed them back to Admin and let me know what is happening. The Judge reads the AQs in between hearing hence the delay . ALSO new policy has been received from Northampton , that of 16th April , AQs were dispensed with due to the time delay in getting bank charges cases to the court.

 

I have started photocopying some of my letters and statememnts that I have but I need to crack on and do my court bundles and of course my skeleton argument . A bit scared on that one as I have 5 charges which I am using S32 (B) © Limitations Act and whilst I know what I want to say ," you concealed that the charges were unlawful from me , even after the OFT report in April 2006, and I didnt know I could claim back until Dec 2006" ,I have got to find a way with words , that come across as professional and coherent.

I might leave that bit till last and holler for HELP !!!

[charleyfarley]

Hi LadyE,

 

Any news yet?

[Lady E]

Rang court last week, papers till with Judge . Postie due at 1030am ,if nothing will ring on Wednesday, as it will then be three weeks since AQ had been due to be submitted.

 

Thanks for asking. How is your bundle coming along?

[charleyfarley]

Blimey Ms E,

 

You get up early in the morning!!

 

 

I've printed off all the Bookworm stuff and now I'm at the photocopying stage. I feel an hour's overtime being necessary at work tomorrow evening to get it all done. It will run to a couple of hundred pages I would think, so to prepare two copies is a hell of a lot of copying.

 

Let's hope the postie brings good news for you:)

[Lady E]

LOL ....my two little fellas get me up that early .

 

I have started printing off my statements and my original letters courtesy of Lord E (well his work really) also copied corres from Abbey , it is the other bits I have to format first before I do any printing. You must have heaps of paper , just seems such a waste as Abbey should just do the decent thing and pay up,it makes me very cross .

 

When do you plan sending it in ? Are you taking it to the court by hand ?

 

Good luck Charley

[charleyfarley]

Oh the joys of little 'uns............mine are both teenagers now so they mostly go to bed after me and given the chance, they'd stay in bed until the afternoon.

 

I've made a bit of a pig's ear of the Bookworm bundle stuff by not planning how many pages of statements and correspondence I'd got, I didn't number any pages by computer, so I'm going to have to number everything by hand as I put the bundle together.

 

The court offices are quite local to me so I might just drop it in by hand..........or should I post it and charge the cost back to Abbey out of spite:)

[Lady E]

Post it Charley, recorded delivery and charge the shabbey , LOL .

 

Just phoned the court, the Judge has allocated my case to the small claims court but did not send any directions etc. They are sending the papers back to him and hopefully I should hear within 2-4 days.

 

Did you see Marie's thread ? I wish I had gone to Reading Court LOL, but a bit of a trek down the M4 .

 

How is your numbering going? I guess I know what I will be doing this bank holiday.

 

Good luck

[charleyfarley]

Hi LadyE

 

Well done for phoning..............now at least you know where you're up to and can plan around it. Beach or Bundle this Bank Holiday?

 

Hasn't mj done well...............I'm so pleased for her:) and BF posted on her thread as well;) she must be important!

 

Haven't been able to do any numbering yet............I've actually had to do some work this week and last night there was the small matter of a football match to watch.

[charleyfarley]

Hi E,

 

How's your bundle looking?

[Lady E]

Hi Charleyfarley , well I had lots of good intentions this weekend ,but we had a bit of a family crisis, and OH was called away. My bundle still remains the same , just photocopies of Abbey letters and my statements etc,.I have not done my statement of evidence yet or anyhting else.

I have just rung the Court again, and Mr Judge still has my papers awaiting directions . I know what I got to do ..................

[charleyfarley]

Hi Charleyfarley , well I had lots of good intentions this weekend ,but we had a bit of a family crisis, and OH was called away. My bundle still remains the same , just photocopies of Abbey letters and my statements etc,.I

 

Sorry to hear that E, hope everything's OK, and Abbey will still be there waiting when you're ready to face them:)

[charleyfarley]

Hi E,

 

You've been very quiet lately. Hope everything's ok:)

 

Come and tell us how you're getting on

[Lady E]

Hi Charley , yep still here . District Judge has been away on another holiday (more holidays than Tony and Cherie Blair, LOL , OMG maybe she is sitting in the county court as a sideline.....eeek). Papers are now with Judge to set a date . Everyone in the gang seems to have progressed so much further down the line than me , but it is also giving me more time to prepare. I saw you were boasting about your big one .......tee hee 242 pages of court bundle , I would love to see Ms Kirkmans face when Postie brings that to her desk . Forgot to say your title "Pay up you B******s" may not be the best title for a swift payment , although it will certainly draw attention to your case . Keep us posted .

[Lady E]

Today Postie bought me a letter from the Court . It is a General Form of Judgement or order and it reads as follows:

Before District Judge****** sitting at **** County court , Upon reading the court file IT IS ORDERED THAT

1.the claimant shall file at court and serve on the defendant the following further information by 07 June 2007:

1.1 Each and every charge by amount and date which the claimant seeks to recover from the defendant .

2.This order was made without a hearing. Any party affected by it may apply within 7 days of service for it to be set aside, varied or stayed.

Dated 22nd May 2007

 

I am a little puzzled because I did all this when I submitted my AQ , I will obviously comply,I assume Judge does not want my bundle yet ?

 

Any advice please ????

[Lula]

Well the only thing that i can think of is that the other side have said that they have never received a list, I would ring the court just to clarify, and tell them that you have sent them a copy before you filed at court, the received a copy also with the N1 that you filed , but the bottom line is that you will just have to send it again

 

hope this helps

[charleyfarley]

Hi E,

 

I can only agree with Lula, and the only thing I would ask, is did you send in a schedule separately after you filed MCOL?

 

Also, ref your post#26 about s32, MadNick has put a great post on bonnie0852's htread all about it, so if you've not already done it, you could just lift it from there:)

[Lady E]

Well just to update......hand delivered list of charges to Court and posted copy to Abbey all done on 31st May.

 

CF - Thank you so much for that top tip re Sec32 , I now feel a lot more confident in explaining to Mr Judge the gist of my argument .

 

Now it is a waiting game again to see what Postie brings me .

[charleyfarley]

Making progress E....slowly but surely we're getting there:)

[Lady E]

Got a letter today from the Court , my date of hearing is 23rd August at 10am . I have to serve both the court and the Abbey my court bundle 14 days prior to the court date , I have a fair bit done (thanks to everyones help) do you think I should submit sooner rather than later???

[charleyfarley]

sooner.................the sooner abbey get theirs the better. Only send the court theirs closer to the deadline

[Lady E]

Thanks Charley - good advice .

[charleyfarley]

Hi E,

 

Read clarion48's thread about costs...........................and get your cb in ASAP:)

[Lady E]

Now in the final stages with my bundle, I called Abbey today and spoke to Claire Fletcher, who sounded quite pleasant,she asked for my case number and date of hearing which I gave. She dug out my file asked for my tel no. and said either her or a colleague would be reading it and will call me back to settle out of court. Was this part 7 to Jackanory or do they actually call people back to negotiate?? Yep I know I am cynical , but there is hell of a lot of work in this bundle business

[Lula]

Well i would suggest that you have a spreadsheet ready with all the time it has taken you to compile your bundles @ £9.25 per hour, plus all postage, printing, photocopying costs incurred and make sure that this is included in your settlement, otherwise, you can not settle at this time and put in a Wasted Costs order at the court with all this information, please God you have kept any receipts

[Lady E]

Help- just having a wobbly . Have got all my documents and case notes printed , I did a draft statement of evidence and then popped back to Gary H "Got a court date" help sheet and am wondering if I actually need a statement of evidence? Mr Judge ignored my draft directions and issued a court date and instructions as follows-

Each party shall deliver to every other party and to the court office copies of all documents including any experts report on which he intends to rely on at the hearing no latrer than 14 days before the hearing.

 

Does that mean basic court bundle and other bits that I need eg copy of limitations act , but not a statement of evidence???

 

Sorry I