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whattime v abbey


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hi people never used this site before and not all that hot with computers either, so here goes. I have recently taken up a fight with Abbey to reclaim £3.800 pounds in bank charges. Done all the letters, Abbey offered me £718 as a godwill gesture, took the money as part payment and informed them i was looking forward to recieving the rest of the money withing 14 days. Bank never replied so I started an online claim with the court. 2 days after the claim went in Abbey came back and said that they did not have to pay me anymore monies as there charges were fair. However a week after that the bank offered me £1,700 and informed me that the cost to me would be substantial if i was to take them to court.. #I recieved an alloocation questionaire from the court filled it out and sent it back . However today 31/3/2007 the court have sent back a letter without the questionaire informing me that my claim will be struck out as the form was not written in plain english. Really Really need some help to fill it out and what to write, can anyone help me ??

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Whatttime, can you stick to one thread please - it's very confusing otherwise. If no-one has answered and you get impatient, just bump the thread rather than starting another. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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Can you post the exact wording of the order?

 

ill write exactly what the court wrote back to me after i submitted the allocation questionaire. Admittedly I found some paragraph on here and sent that as my defence. that was all i sent witht he questiionaire tell me i should be writing or doing please help???

 

IT IS ORDERED THAT

 

1. The clainm be stayed as it makes no serious attempt to comply with CPR16.4(1) by setting out a consise statemnet of the facts.(stylised particulars do not constitute complience)

 

The claimant must ammend or substitute its particulars of claim setting out the Claimaint's Case in plian english by 4.00pm on 13th april 2007 and in default, the claim be struck out without firther notice.

 

If the above order is complied with the Defendant has permission to file and serve an amended defence in accordance with CPR 16.5 setting out its case in plain Eglish.

 

 

 

that was it as above. Dont understand what to do next......they never even sent back the questionaire ? do i need to get another one ?? wehat does CPR 16. (1) mean?? Please help me

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Hi, the order is referring back to your N1 claim not your AQ. It's saying that the N1 Particulars Of Claim is insufficient. What did you put ? It needs to be something like this : http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

You can read about CPR16 here : CPR - Parts and Practice Directions

HTH. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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now this is getting me worried.... this is what i wrote for my POC for my online claim.... recieved my AQ and sent off...now is this too little???? will i get it sent back as well....:?

 

The claiminant claims the repayment unlawful charges from the account of xxxxxxxxx Abbey National account number

xx-xx-xx xxxxxxxx for the period January

2001 to December 2006

amounting to £xxxx.xxp plus interest at the

defendants variable intrest rate of

unauthorised borrowing

of 28.7% of £xxxx.xxp running from January

2001 to December 2006 . These fees are

unlawful according to Section 5.1 of The

UTCCR 1999.The total for the claim is £xxxxxx.xxp

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Hi, what's happened is the Judge doesn't look at an N1 before the AQ. Your AQ is fine, but your POCs are very bare. Had you just been going for charges + 8% Statutory Interest, I would have said just follow the POC from the link in my previous post and resubmit as per the Judge's directions, and no need to worry - it'll come out all right in the end.

 

However, you are trying to claim the 28.7% unauthorised overdraft rate. You would have to amend the POC from the link, and that'll probably get past the Judge in terms of allocation to a track. But Abbey will fight the 28.7%, so you need to understand the arguments behind it before you carry on down that road. Try reading Photoman's thread, for example. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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