grAbbey National 'v' Hartnell - Any advise appreciated!

[Westy1]

Hi Marmite Girl,

I am at exactly the same stage as you with Abbey. They filed a bog standard proforma defence for my claim. So i served a CPR Section 18 notice (Look else where on this site for details) which essentially REQUIRES them to provide full details of my account and all charges and how they were calculated etc. They have 14 days to respond to this, as I need it to redspond to their defence, or I can ask the court for an order.

 

That should really get things going!

 

If you are not sure about it take a look at my thread.

 

Westy1

[marmite-girl]

Hi everyone

 

Well.. after sending in my counter-offer (and giving them til the 6th to respond) I heard nothing! I could see that the email had been read, but no response!

 

So - its now time to seriously think about my court bundle.. I have until 27th July to get it in!!!

 

PLEASE can someone just give me a few nuggets of advise as to where best to look at what to put in it!!! Do I need to copy ALL statements from the past 6 years.. or just ones with charges on?? I'm sure its all one here somewhere.. but a few words of wisdom will calm my tiz and get me on the right track! Off to the stationery shop today.. then will start my long stand at the copier!

 

Is the bundle really huge.. like, lever arch file size, or will the normal ring binder size suffice.. so many questions at such an early hour!

 

Any help much apprecaited at this stage. Also - does anyone suggest emailing or ringing (not rung before.. onyl email!) Inga one last time?? or am I just waisting my time??

 

Thats it for now.. hope everyone else is moving on a bit x

[ohoh4312]

Morning

 

Have you been dreaming about this all night?!

 

Seriously, I am not at this stage yet, but will help if I can.

 

As far as I know it is just the statements with the charges on that you need to include.

 

I don't know how big the bundle is, but maybe in these links it will give you some guidance:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html

 

Sorry if you have already read these. :o

 

I would suggest you do not telephone Inga & Co.; stick to emails as these are evidence of your settlement attempts. Have a look at ICY's thread - he sent a great email recently which you could adapt - I am sure he won't mind!

 

Best regards

 

Jo xx

[marmite-girl]

Thanks Jo

 

I did have a sleepless night, having nightmares about this bundle lark! the date I need it in by is 27th.. so I need to get a wiggle on.. and stop hoping that Abbey offer a decent amount before then!

 

Contact with them is really hit and miss.. my first offer came through within 4 minutes of me sending the email... but since my rejection, Ive heard nothing!

 

Will have a good read through the links (thanks) and get my head into gear and get started.. kicking myself now that I have hung on to do it, should have done it as soon as i got the court date!

 

Grrrrrrr

 

Thanks again x

[charleyfarley]

marmite...........

 

you only need to copy those statements with charges on. As to the size of the bundle.mine ran to 242 pages, but then they owed me a lot of money, and I made the mistake of not doing double-sided copying of the statements.

 

I managed to fit mine into one of those plastic wallet jobs you can get, put a nice front page on it quoting my case number in big letters and the thing that took my time was the page numbering for the index.

 

I know it sounds odd.......but actually it's just a load of work, without being too complicated...............go to the basic bundle link and just print everything off...92 pages i seem to remember...........I then copied the lot twice. The other thing is........don't try and understand it all. The summary of case law page is useful as an aide-memoir, but the rest is just so much paper;)

 

 

 

 

also................get going with it asap girl....abbey won't pay up until they've got it in their hand, adn they certainly won't pay costs without it...................so a** in gear time

[ICY]

I would suggest you do not telephone Inga & Co.; stick to emails as these are evidence of your settlement attempts. Have a look at ICY's thread - he sent a great email recently which you could adapt - I am sure he won't mind!

 

Best regards

 

Jo xx

 

 

Of course i dont mind;)

[marmite-girl]

Ok - got my a** into gear (she thinks) thanks charley for the boot i needed!!

 

Called in a staples this morning (other stationery shops are available!) got stocked up for the stuff I need for my bundles!

 

Give me a slap someone.. have just looked at some of the stuff on the Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary link.. and nearly had a kitten.. for some reason this bit just isnt going in!

 

Im getting my knickers in a bunch now and just need some guidance!

 

Im usually a confident person with a hint of intelligence.. it just seems to have gone out of the window with all this bundle talk!!

 

boo hoo x

[ohoh4312]

Hi marmite

 

Maybe me being thick here, but I dont really understand what you mean? Are you having trouble with the link, or what is in it?

 

Let me know and I will see what I can do to help.

 

Jo xx

[marmite-girl]

Hi Jo

 

No - you arent being thick.. thats me!!

 

I've downloaded the court bundle for CAG from this site.. and realise, from the index that i have to put in all correspondence, charges and statements.. then all of the other bits which are supplied.. but do i have to put other things in?? like the Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary bits..??

 

Im sure im getting in a tiz over nothing and when i get my head round it and actually start doing it i will be ok.. but i just dont want to mess up at this stage!

 

i just want to be methodical and get it done in the right order in the time i have left.

 

be brutal with me.. kick me up the a** and get me back on the right track.. please!!!

 

marmite x

[ohoh4312]

Hi again

 

Proabably me that confused you, poor thing!

 

It all depends on what was actually asked for in the order - if it does not state that you specifically need a witness statement etc., then it is my understanding that you don't need to include these. But I am not at this stage yet, just been reading loads to while away the time (how sad!), so my interpretation may be wrong.

 

By the way you're not thick either!!

 

Best regards (and don't panic!)

 

Jo xx

[marmite-girl]

ok

 

having just looked at the order (which came from Northampton) before it was transfered to my local court, the only thing it states is that th allocation questionaire be dispensed with.

 

then.. on the notice i got from my local court i got this:

 

District Judge Reeves has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

The hearing will take place on 10th August 2007 blah blah blah and should take no longer than 1 hour.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

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 at the hearing no later than 14 days before the hearing.

 

The original documents shall be brought to the hearing.

 

And that was it.. all that was in the envelope was that.. and a booklet on mediation!!

 

Not sure if that sheds any light on it!!

 

Also - with regards to the 3 copies of bundles.. can i just use the original documents in mine or do they have to be copies in all 3??

 

Oh blimey.. there I go again!

 

The worst thing is.. Abbey wont even submit a bundle, Im sure.. so all this flapping is for nothing!!.. well.. not for nothing.. but you know what i mean!

 

Marmite x

[ohoh4312]

Hi again

 

Oh, I am really not sure on this, but I think you need to do a Witness Statement as per the example, chronicling the events from the start to now. You could also include the spreadsheet of settled cases, as proof that Abbey are abusing the process and have no intention of actually going to Court.

 

Maybe the great CF or someone else will come through with specific advice on what you should include - I am struggling a bit on this one, sorry :o

 

As far as the 3 bundles go, yes, you can use the original documentation in yours without doubt.

 

And yes I know what you mean - make sure you keep those receipts and log all the wasted hours to hit them with too!!

 

Sorry I can't be of more help.

 

Chin up

 

Jo xx

[marmite-girl]

thanks Jo

 

most helpful.. i guess the more info i get the better really.

 

going to start on it tomorrow night.. after spending tonight reading up on as much as i can again on here.

 

ive just eaten a whole packet of cookies... the stress is making me eat!

 

thanks again

 

C x

[marmite-girl]

Right - with the invaluable help of charleyfarley im ready to rock and roll with my bundle, got it all fairly clear in my mind and am going to set about starting it tonight.. my goal is to have it all done and dusted to get in the post on friday evening!

 

will let you all know how i get on!

 

thanks to everyone for all your help!

 

Marmite x

[ohoh4312]

Hi Marmite

 

Hope you've stocked up on cookies then!

 

Good luck with it.

 

Regards

 

Jo xx

[marmite-girl]

Yipeeeee - Bundles DONE!!!

 

Wasnt going to bed until they were done! Going to deliver the one to the courts by hand, probably tomorrow. But now wondering which address do I send the one to the Abbey? Any ideas anyone please?

 

Also - what do I now do about claiming the costs back for preparing the bundle, or does that depend on the stage it gets to before Abbey cough up?

 

Hope that makes sense... and advice much apprecited.

 

YIPPPPPPEEEEEE I got me three bundles! Thanks to all those that helped me get my knickers out of a bunch and get it sorted. It really want that bad, once I got going.

 

Thanks to all! x

[ohoh4312]

Hi Marmite

 

Well done you!!

 

The advice I saw from a Mod yesterday was to send the bundle to the Solicitors:

 

Ashurst

Broadwalk House

5 Appold Street

London

EC2A 2HA

 

As far as costs go, I am not too sure; I know you should set up a spreadsheet or similar logging all the hours, costs for postage, stationery etc. Have a look here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

 

Hopefully that should give you the info you need.

 

Looking forward to the next developments!

 

Best regards

 

Jo xx

[marmite-girl]

Just rang Ashurst to make sure it was ok to send my bundle to them.. I asked who I should mark it for the attention of, was then asked who I had been dealing with, told the very nice receptionist Inga Kirkman and the receptionist burst out laughing.. saying 'oh yes, we have an Inga Kirkman here, she is one very busy lasy' - we exchanged a few titters and then I went on my merry way to the post office!

 

Of course, nothing runs smooth.. THERE IS A POSTAL STRIKE!!! managed to work out if i sent it special delivery it wouldnt be sat in the sorting office for 24 hours - so took that option!

 

Just wait and see now I guess.. on my way to drop the bundle off at the court tonight on my way home.

 

Is it worth emailing Inga and telling her its on its way.. or just sitting tight for a bit?

 

cheers everyone x

[ICY]

I would wait and let her get a nice surprise lol then contact her a couple of days after it has been delivered to see if she has received it.

[marmite-girl]

AAARRRRGGGHHHH - posted off my bundle yesterday.. then hand delivered the one to the court.. got back to find an email from Inga (at 6.38pm!!) saying if I wanted to discuss settlement to ring Clare Fletcher!!

 

How very rude!

 

I hae given Clare a ring, as per the number Inga gave me, it was the voicemail for Ronan!! Anyway, rang main switchboard and got put through to Clare's voicemail, left a message for her to contact me.

 

Im sticking to my guns now though.. its the full amount, plus my court fee.. or I will see it through and get the lot, plus bundle costs etc.. I'm having none of their measley offers - I have done my bundle now, so I'm all ready to go to court! Grrrrr.

 

Will see if this Clare bird rings me back.

 

Marmite x

[marmite-girl]

Me again!

 

Finally got to speak to Clare... went through the case with her and she suggested in a bid to keep it going to court how about £2400.. I said.. how about £2800 and she seemed horrified.. saying "thats 100% settlement, its not heard of, its not commercially viable and there is no way I would get that back!".. I said.. "ok, its not a problem, the court case is on 10th August, I will see you then love"

 

Stuff it.. ive had enough of them! I hope I have done right in sticking out for the full amount and not shot myself in the foot.. but I am willing to see it through to court and I will get my money back, one way or another.. plus extra for bundle costs - they were warned!!

 

Is it just me or are they doing this to anyone else?

 

marmite x

[ICY]

Well done you for being firm and sticking to your guns, they are cheeky people, you are lucky i keep being ignored lol

[charleyfarley]

m-g,

 

you're nearly there hun...............they'll be back to talk to you again next week.............and this time they'll settle:p

[marmite-girl]

really? without prompting?? I do hope so!

 

I have resigned myself to the fact that im in for the long haul.. so if I can actually get the full settlement out of them before going to court, that would make me one happy marmite bunny!

 

Whenever it happens.. there will be one tidy donation going to this site.. without the help of everyone on here I would have fallen at the first hurdle!

 

Marmite x

[charleyfarley]

m-g,

 

you must get your cb done this wekend............it'll be worth around £200 in wasted costs to you.......ready for when they ring you up on monday morning to say....."we've decided in the interests of commerciality to settle your claim in full!"

 

how would you like paying? in jars of marmite?