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    • Hi   I could be wrong here so could @namedisplay please clarify if I am correct or completely wrong?   In your post#1 you mention that due to your health issues and your mental state at the time you rang the Training Room and was told it would cost and initial £200 and then £15 per month until you finished the course.   Then further in post#1 The Training Room told you you were not eligible for an extension because you hadn't completed enough of the course.   With the above I now refer Post#12 which mentions your circumstances are covered by 13 in the TTR Terms and Conditions.   What is mentioned above seems conflicting from TTR for the following:   1. IMO that money of £200 and then £15 per month (on top of original Course Fees) was them at that time agreeing to an extension as per 13 in TTR Terms and Conditions   2. Them stating you can't extend Course as not completed enough of Course is not in TTR Terms and Conditions (that I and others can see) (Note they could be referring to 15 in TTR Terms and Conditions)   Can you clarify the above and were you informed those extra costs were due to an extension of your Course.   Again I will ask did you provide the Training Room with Medical Evidence when you asked the above?   We also still need to see the Letter from Training Room Threatening Legal Action (fully redacted) which you still haven't posted?   You need to send The Training Room a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase means whatever format they hold that data in whether it be written, email, recorded phone calls etc.   They then have 30 Calendar Days to respond to your SAR Request and that Time Limit only starts once they have acknowledged your SAR Request. They can extend that Time Limit if they need to prove identity before actioning the SAR Request so be aware of that.   A SAR Request is now FREE and make sure you get Free Proof of Posting from the Post Office     Your right of access ICO.ORG.UK   Can you please make sure you answer the questions asked of Caggers to assist you    
    • I've been trying to resolve a issue with 8 PCN issued by Tyne Tunnel 2 (tt2.co.uk). Tyne Tunnel 2 is a gated toll charged tunnel to cross the River Tyne in Newcastle. We moved in recently so all a bit new to us. My dad had been using the tunnel about twice a week and he had been paying cash for the toll fee at the booths. At some point in November 2021 they had done some constructions where the gates had been closed and payments had transitioned to online methods. My dad had been oblivious to this and been on his merry way multiple times thinking that he doesn't need to pay. So he received the first PCN some where end of November which had been issue on the 26th after which point I went on alert and sorted out the online accounts and such. However the current total of fines has amounted to £255.20 and I have appealed explaining that soon as the letters were received we have resolved the issue but they insist on us paying 8 PCN. I feel it's unfair that the fine is for the same offence which we couldn't have rectified or known until we received the first PCN letter and after the first PCN we have rectified it so feel they are being bit draconic. Any advice on this matter? 
    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   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.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     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.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 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 fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  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.
    • std letter the court send simply telling you the claimant has 28 days to do 'something' else the claim get autostayed.   go read a goof few 10's of PCN claimform threads.    
    • Update. I get the feeling they will try and take me all the way. Just have to wait and see. court letter..pdf
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'Tish vs Abbey'


adamc6671
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Hi All. I'm in the process of taking on Abbey for my 'other half' (Tish). Its quite a story so far, so here goes!

 

She has 2 a/c's with Abbey, one of which has been referred to 'Debt Management & Collection Services, and latterly 'Equidebt Limited', for recovery of £405 (made up only of charges!) and to which she now has no access other than to make monthly payments into to clear the debt. The other a/c has a zero balance & we have been trying to get Abbey to close since last October but all they do is bounce her between Branch and HQ and still a/c is not closed. Saw Branch manager today and filled in another form to close the a/c. QUESTION :confused: - does anyone know if its Abbey policy to keep an a/c open if you're trying to reclaim charges? My feeling is that if she has no open a/c with Abbey the only way they can pay settlements etc is by cheque rather than her trying to extract money from Abbey a/c's that are no longer used (she now has a/c at another bank).

 

Story so far - sent SAR last June and went through the usual v. long battle over microfiches etc and finally got statements late Feb this year. At same time as SAR, sent initial request for repayment of just over £2,000 in charges taken over only 14 months on one of the a/c's - only result was usual fob-offs etc etc. Did 2nd letter mid-Jan, but again only fob-offs. Did 3rd letter early Feb '07 making 'without prejudice' offer stating she would accept this ammount in order to avoid full claim for all charges on both a/c's, which were expected to exceed £4,000. Again nothing but fob-offs. Statements finally arrive late Feb. One a/c shows £3,100 taken in charges and the other £430. Did full spreadsheets for both a/c's, including 8% stat interest. Sent LBA to Milton Keynes address 16th March (recorded delivery), enclosing spreadsheets and claiming over £3,500 and stating if cheque for full ammount not recieved by 5th April, claim will be filed at Court for this ammount, plus £680 stat interest (to date), plus Court fees, plus minimum of 22 hours of (my) time at £20 per hour, making at least £4,700. Finished letter of with 'for the avoidance of doubt' statement regarding ammounts, timescales, and dates. Does this all sound OK, especially doing 2 a/c's on one claim :confused:.

 

Must admit, getting worried now that time for filing claim is getting v. close!!!!!!!!!!!!! Having said that, have spent literally dozens of hours reading CAG site, and others, so am probably fairly well up to speed. Biggest worry is getting Court 'bundle' together - seems to be reams of it!

 

By the way - hugely grateful to 'teebum' for his thread - VERY helpful, and very encouraging!

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Still no reply to the following question from the above thread -

 

QUESTION :confused: - does anyone know if its Abbey policy to keep an a/c open if you're trying to reclaim charges? My feeling is that if she has no open a/c with Abbey the only way they can pay settlements etc is by cheque rather than her trying to extract money from Abbey a/c's that are no longer used (she now has a/c at another bank).

 

Does anyone have any thoughts on this please - is it better to have an a/c open with Abbey whilst taking them on, or are we OK with no open a/c? Any thoughts would be greatly appreciated.

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Wether you keep the account open or close it, it makes no difference to the reclaiming process whatsoever. The only change will be in how you are paid. Usually if the account is open they will deposit the money there, if it is closed they will pay by cheque. Either way, you WILL get paid.

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Thanks Nik & Gez, both for the help & the encouragement! Would much rather have a cheque, so we'll keep pushing Abbey to close the a/c - wether they will or not remains to be seen - been trying to close it since last Oct!

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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HELP PLEASE -

 

I'm filling in the N1 Claim form for this claim, and wish to claim for time in preparing the claim (as others have successfully done), and for expenses such as postage, photocopying etc. I have done a simple spreadsheet for these ammounts, and put the total in the 'Value' section. In Section 5 (Accordingly the Claimant claims) I have put -

 

d)the return of costs and expenses incurred in preparing this claim in the sum of £479.00, for which a schedule is attached.

 

Can someone tell me please if this is OK, and if not how do I go about claiming these expenses which I see others have successfully done.

 

MANY thanks.:confused: :confused: :confused:

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Hi, costs are not normally awarded in small claims (only if the other party behaves totally irresponsibly. Isn't that what Banks are doing - I wouldn't go there). Instead, as part of Judgement or settlement you can claim £9.25 per hr for preparing your Court Bundle, and since Abbey only seem to settle once you've submitted one, just make sure that you include enough hours (if you know what I mean !) in your phone/letter haggle with Abbey prior to Court. But don't put it on your N1. Regards, Mad Nick

  • Haha 1

Abbey £8370 settled 17 Apr 07

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Hi Nick - hugely grateful - many thanks. Will ammend the N1 before submitting - didn't understand how people were doing it. Once again, many thanks - will give you a click for that one!

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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  • 2 weeks later...

Hi All. No response at all from Abbey to our LBA which has now expired - have therefore filed claim at local County Court this morning - very nervous now (!!!!!!!!), but hopefully will win in the end!

 

Have been looking very closely at the next stage - the AQ - and as a result am a bit unsure about one area of the form - could someone HELP please???:confused: :confused: As far as I understand it, I put in ( or attach to) Section G (Other Information) a draft Order for Directions, and a request for the Judge to allow me to speak for my other half as her 'Lay Representative' should it come to actually having to go into Court. Is this correct, and is there anything else I should be putting in that Section?

 

Many thanks, in anticipation.

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Have been looking very closely at the next stage - the AQ - and as a result am a bit unsure about one area of the form - could someone HELP please???:confused: :confused: As far as I understand it, I put in ( or attach to) Section G (Other Information) a draft Order for Directions, and a request for the Judge to allow me to speak for my other half as her 'Lay Representative' should it come to actually having to go into Court. Is this correct, and is there anything else I should be putting in that Section?

 

Many thanks, in anticipation.

 

Can anyone help with this please?

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Hi. I attached the draft order for directions to my allocation questionnaire. There is a section entitled New Strategy for allocation questionnaires on this site that is very useful. Good Luck

 

Karish

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Hi Karish - many thanks for the reply. I have read the 'New Strategy', but I'm actually looking for specific advice, as above, on what I actually need to put in Section G of the AQ!

 

Once again, many thanks - Adam

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Hi All - starting to feel very lonely now!!! - is there anyone who can answer my question about AQ Section G, as in posts 10 and 11 (above) PLEEEESE? Many thanks - Adam.

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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you should put something like this

 

You should state here that you believe the case will last no longer than 1 hour.

 

You may wish to add reasons why the case is more suitable for Small Claims Track if your claim value exceeds £5,000 or provide reasoning why the other side should provide evidence of their costs!

 

We recommend that include a request for the Judge to order a form of 'basic' disclosure from the bank. Many courts have now started to issue these, so the request is likely to have been seen by your Judge before.

 

A small note explaining its intended use would help. Do not make this too lengthy, just explain that it has been attached for consideration and you believe it will bring a speedy end to Litigation. State that it was devised by the Mercantile Courts for a similar case.

 

and also state that you are acting on behalf of someone. Also attach the draft directions and make reference to them in this section

  • Haha 1

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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Cheers, and MANY thanks, Noobrider - hugely appreciated. Have read your first claim thread, and picked up much useful info from that - hope ours doesn't get that complicated, but hopefully I'm well prepared if it does!

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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No problem, my first claim was a nightmare one but mainly around the circumstances that were affecting me personally rather than the case itself. On My second and even larger claim at the moment with more confidence than I really deserve.

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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I'm sure you deserve every bit of confidence - you know exactly where you're going, viz the help you've given me! Will watch your 2nd thread with great interest.

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Hi All - just an update on progress. Letter from Court that Claim was deemed to be served on 19th April. That was followed by Notice from the Court that Abbey filed an 'Acknowledgement of Service' on 23rd April indicating an intention to defend all the claim, and that they have 28 days from date of service (19th April) to file a defence.

 

This seems pretty standard stuff as far as I can see, apart from the (remarkably?) quick time in which they filed their acknowledgement! Can anyone see any ulterior motive in Abbey filing that quickly?:confused:

 

One more quick question - Am I right in assuming that Abbey will probably take all the 28 days (or maybe more!) to file their defence, and that the AQ (if the Judge chooses to request it) will be issued after the defence is filed?????

 

Many thanks - Adam

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Hi All

 

I've just read, with great interest, Bankfodder's announcement (at the top of this forum) about 'Wasted Costs Orders'.

 

Quote -

 

". . . .. Although banks almost always file a defence, these defences are sham and it is clear that the banks have no intention of going to court.

The pressure put on legitimate claimants and the court system is enormous. This style of litigation is vexatious in that it causes a drain upon the public resource and it frustrates justice. . . ."

 

He goes on to say that CAG now recommend applying to the Court for one of these orders, after the bank settle just before the Court date, in order to formally recoup all the costs involved in putting together a claim that the bank had no actual intention of defending in Court.

 

My question is this -

 

Does anyone think it would be worthwhile informing the bank before Court action starts, that if they don't settle before the claim is issued, then file a defence and force you all the way to the Court door, as it were, before settling, that you will apply to the Court for a 'Wasted Costs Order' against them on the grounds stated in Bankfodder's announcement?

 

What does anyone think?

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Hi Adam

 

I personally think this is a great idea. It may make the banks settle quicker without anyone havng to go through the daunting process of filing at court (not that I've actually got to that stage with any of my claims ........yet!) It would be nice if someone could draft a template to this effect because if everyone was using the same letter the banks might just get the message,

 

Regards

Julie:)

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Hi Julie & 'DJ' - many thanks for the replies and encouragement!

 

Julie - not sure how to ask someone to do a template, but agree that it would be a good idea!

 

'DJ' - Would be great to see someone try it - bit late for me now as claim is issued, but will try it if they file a defence, which they almost certainly will! Would suggest that you try it at the LBA stage rather than prelim.

 

All the best - Adam.

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Adam,

 

May be we should move this to the thread you started about it?

 

I Will try it will be sending first request for repayment on monday. so will do it at the LBA stage 2 weeks monday unless they pay up in 14 days LOL

 

Dennis

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Quite agree, and quite happy for this chunk of 'Tish vs Abbey' to be moved to my other thread in the 'General' forum. Problem is I've no idea how to do that - perhaps a Mod can help?

 

Also - Julie - I've had some thoughts about a template letter, which I've pasted a draft of below. However I'm NOT an expert in these things, so I'm NOT posting it for actual use, but am doing so for the consideration of those that have far more knowledge and experience of these things than I do. Would therefore be very grateful if someone in that position could cast their eyes over it - many thanks.

 

QUOTE -

 

 

Your Name & Address

 

 

 

Banks Name & Address

 

 

Date

 

 

 

 

Account Number xxxxxxxxxxx

 

 

 

Dear Sir or Madam

 

With reference to my request for the refund of the charges you have applied to my account, I wish to inform you of the following.

 

Should you fail to refund the charges you have levied upon my account, and thereby oblige me to issue a claim against you in the County Court for which you subsequently file a defence and thereafter settle the claim without appearing in Court, I will request the Court to issue a Wasted Costs Order against you. This would be to the value of all the costs I incur, including my time, in preparing the claim from the date of my Letter Before Action (DD/MM/YYYY) up to and including the date of settlement. I would in that case request the Order on the basis that in this case, and in many other cases that I can quote, that you apparently never had the intention of defending in Court thereby wasting the very valuable resources of both the Court and myself, and in doing so you have frustrated justice. I believe that would be unreasonable behaviour in litigation on your part, and that it could be seen as an abuse of the Court process.

 

I look forward to your early settlement of my claim.

 

Yours faithfully

 

 

 

xxxxxxxxxxx

 

 

 

Once again, this is NOT intended for actual use. It is intended only for the considetation of those with far more knowledge and experience than me to suggest whether or not we're doing the right thing!

 

Having said all that, hope it helps - Adam.

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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