Battle with Abbey

[noobrider]

check this thread http://www.consumeractiongroup.co.uk/forum/abbey-bank/90404-lloyds-win-abbey-consequences.html#post825310

[Boris Becca]

thankyou noobrider, I am gonna stay cool!!... for now! Yor all fantastic , thankgod I have you all to talk to. I am awaiting court date now, called court today to see if they had sent it out since the prelim. They had a new defence subbmitted by abbey today, could that in anyway of changed to disadvasntage me in veiw of the lloyds case?? I am probably being paranoid but as you have said, "if you dont know, ASK". I really dint know what I was doing and should of got help fisrt, NOW, i need to get this spot on. Thankyou Gary too you must be a very busy man.

[GaryH]

My understanding from Kate is that Abbey were ordered by the judge to submit a new defence within 14 days - this is becouse their defence originally was to object to your POC. Now you have amended your POC they then get the right to amend there defence as well.

 

Totally as expected, and nothing to do with the Lloyds thing.

 

You should hear from the court soon in the form of a "notice of allocation to the small claims track" - this will give you the court date and time, and directions.

 

You then submit your evidence (court bundle), then shortly after you should find that Abbey pay up.

 

Post the order as soon as you get it and we'll tell you what you need to do.

[Boris Becca]

FANTASTIC, sounds Great,well the End bit anyway!!

[Boris Becca]

dear gary,

had a order and copy of new defene which i might say is exactly the same as the old one through.... would like you to see them, i now have a scanner but no fax at home, do you know how i can get it to you via scanner on the computer....or shall i just fax it to you from a shop!?!

thanx rebecca

[GaryH]

Can you post the wording of the order up here?

 

The defence is highly likely to be the standard one so I'm not to concerned about seeing that.

 

Perhaps one of the Abbey regulars (noob?) could link you to a thread where the standard defence is posted so you can compare?

[bonnie0852]

Hi Rebecca, just read yr thread and wanna say well done for getting back on track, sounds like hard work to me (im not that far yet).

Will be watching in anticipation so i have an inkling what to expect myself as im terrified!!

Good luck girl

Bonnie;)

[Boris Becca]

I have compared the new defence with the old and it is exactly the same, just a specific amount. so i am cool about that.the order as follows:

it is ordered that:

1, claimant has permission to amended paticulars of claim( copy handed to council at preliminary)

2. the defendant shall be permitted ,if so advised, to serve and file an amended defence by 4pm 0n 16th May.

3.With consent of the parties the claimbe allocated to the small claims trackto be heard on a date and time to be notifiedto the parties by the court, estimate 2 hours.

4.each party shall deliver to the other party and to the court office copies of all documents on wich the partie sintend to use at the hearing, no later than 14 days before the allocated hearing date.

5. copies of sighned statements setting out the evidence of all witnesses on whom each party intends to rely andcopies of decided cases and other legal material to be relied apon must be included in the documents mentioned in paragraph 3 above.

6. claimant to advise the court if case is settled.

7. claimant pay the defendants court fee of £65.00.

[GaryH]

Hiya

 

I have compared the new defence with the old and it is exactly the same, just a specific amount. so i am cool about that.the order as follows:

it is ordered that:

1, claimant has permission to amended paticulars of claim( copy handed to council at preliminary)

done already

2. the defendant shall be permitted ,if so advised, to serve and file an amended defence by 4pm 0n 16th May.

done already

3.With consent of the parties the claimbe allocated to the small claims trackto be heard on a date and time to be notifiedto the parties by the court, estimate 2 hours.

self explanitory - no action needed

4.each party shall deliver to the other party and to the court office copies of all documents on wich the partie sintend to use at the hearing, no later than 14 days before the allocated hearing date.

These are the 'standard small claims track' directions. This requires you to submit a bundle of the documents on which your claim relies to the court and Abbey no later than 14 days before the hearing. See the http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html for most of what you need.

5. copies of sighned statements setting out the evidence of all witnesses on whom each party intends to rely andcopies of decided cases and other legal material to be relied apon must be included in the documents mentioned in paragraph 3 above.

A witness statement. Basically just the statement of evidence as posted on the previous page, but we'll rehead it and tighten it up a bit first. I see no harm in getting it in early, it may prompt them to settle earlier. I'll help you prepare this on Saturday or Sunday.

6. claimant to advise the court if case is settled.

Self explanitory

7. claimant pay the defendants court fee of £65.00.

Oh yes Kate mentioned that - have you paid it yet?

 

Keep the receipts of any paper, ink or other stationary and you can apply to get your costs back when they settle. Also keep a record of the time spent on the claim at the rate of £9.25 per hour, for the same reason.

 

Any questions just ask.

[Boris Becca]

Thank you Gary, no I havnt paid it yet it was decidedn that I would pay it om settlement either in or out of court between the barrister and myself at the preliminary. Your help is so mich ppreciated once again.

[GaryH]

You're welcome. Complying with that order is the final hoop - your on the home straight now.

[Boris Becca]

HHHHHHHHorrrrrrraaaaayyyyyyyyyyy!!!!

[GaryH]

Here you go. Send it to [email protected]

 

Dear Ms Kirkman,

 

You v Abbey Plc

Claim Number: *******

 

Further to our telephone conversation on **/**/**, I wish to stress once again that I do not intend to reconsider my position in respect of the amount at which these matters will be settled.

 

For the avoidance of doubt, I am fully amenable to an amicable settlement of this claim and am aware of my duty to mitigate my loss.

 

However, until such time as Abbey Plc discloses verifiable information concerning its true losses incurred (if any) as a result of my contractual breaches, I will contend that the exorbitant charges which have been so liberally and indiscriminately levied to my account are unenforceable in their entirety.

 

Upon disclosure of such costs information I will of course be happy to amend the value of my claim accordingly, in order that both parties may be in the same position as before the breach occurred - in accordance with the principles of common law upon which my claim is based.

 

Furthermore, I am wholly disappointed that you have chosen to erroneously refer to the case of Berwick -v- Lloyds as relevant in respect of my own claim against your client.

 

I consider this spurious reference to a case which holds no relevance whatsoever to be intimidatory and clearly intended to persuade me into accepting a derogatory sum in settlement of this claim. I therefore require your reference to this judgement to be retracted by return. If you do not do so, I intend to draw the courts attention to this matter forthwith.

 

Finally, I no longer wish to discuss these matters over the telephone. All communications and negotiations must hereinafter be in written form, whether by electronic mail or otherwise. Any further attempts at telephone contact will be regarded as harassment and dealt with accordingly.

 

A copy of my most recent schedule of charges is attached to this message for your due consideration.

 

Kind Regards

[Boris Becca]

thank u ,that is a great letter and I will do so strait away.

[GaryH]

Let me know when she responds.

 

I've got a feeling that a full settlement should'nt be far away now.

[GaryH]

Hi Becca,

 

Did you send it? Any response yet?

[Boris Becca]

been away camping!!! GLAD TO BE HOME! aM SENDING TONIGHT, WILL LEY YOU KNOW

[Boris Becca]

All Sent!

[GaryH]

Great. Let us know what she responds with.

[Boris Becca]

still not heard anything, is this normal? what sort of time scale are we talking for her to get back to me? ?

[GaryH]

Don't worry, should'nt be too long.

[GaryH]

Becca,

 

We should probably start getting your bundle uptogether around now - have you had a solid date through from the court yet? If not it would be a good idea to ring them. Ask if a court date has been set. Tell them you have a directions order which needs to be complied with by 14 days before the hearing but obviously you don't know when that is without a hearing date.

[Boris Becca]

O.k I have called the courts and still no date set, waiting for a two hour slot! Just recieved a mail back from Inga, should I relay it to you here or privatly? Rebecca

[GaryH]

Either - its totally up to you. Your welcome to PM me if you'd prefer to keep it confidential.

[Boris Becca]

I have just typed it out to you via pm. I have scanned it to my computer but havnt got a clue now how to bring it up on my thread, Might be interesting for others to see! Otherwise I will type it out again! dah !