abbey-me=court

[billyboysomerset]

Hi All:???:

 

At long last i have finally start my court action against abbey, I took my N1 form down to my local court along with my cash and today was the last day for them to reply. (19th April 07) i had not recived any thing in the post from them, but when checking with the court i found they have acknowledgedmy claim. which gives them 28days to file a defence.

 

My question is :- is all i can do now is wait? should i start preparing my court bundle and if so any one got any advice or tips please.

 

Claim Issued 3rd April 07

 

Deemed served on 5th April

 

thanks in advance:-?

[kellie2006]

how much are you claiming for?! i have been charged £80 for going over my £7 and now they are going to charge me a further £80 because of their previous charges running me over my overdraft again!!

[billyboysomerset]

Hi Kellie2006.

 

i am claiming over 3k, just starting to put together court pack now, if it ever gets that far.

[billyboysomerset]

i think this is posted in the wrong place, can a mod move it for me as i dont know if i can move it.

 

cheers

[Robertxc]

Thread moved for you, billyboysomerset. Good luck.

[tiddles 13]

Just received a letterfrom abbey they closing my overdraft of 1000 got till 1st july to stump up money,not even sent my letter of yet for statements dont know wot to do they goin to leave me with no money an all direct debits will bounce when they take back overdraft.

[Robertxc]

Just received a letterfrom abbey they closing my overdraft of 1000 got till 1st july to stump up money,not even sent my letter of yet for statements dont know wot to do they goin to leave me with no money an all direct debits will bounce when they take back overdraft.

Hi tiddles 13. Can you please start your own thread? That way you'll get the support you need, and you won't be hijacking someone elses.

[billyboysomerset]

Thanks for moving my thread.

 

I have sent back and recived allocation questionairs.

 

I didn't send abbey a copy of the allocation but i did send them the draft orders for drections, should i send the allocation questionair to?

 

also they sent me some draft orders with the following.

 

1. the claimant shall within 28 days of service of this order send to the defendant and the court.

a) A schedule setting out each and every charge repayment of which is sought, showing the date amount and reason given if any for that charge being made;

b) copies of any statement or other document relied upon as showing that each and every charge has been made;

 

If the claimant fails to comply with this order then the claim will be struck out with out further order.

 

2) the claim will be allocaed to the small claims track for hearing not before 5 august 2007.

 

3) 14 day prior to the allocated hearing date, the claimant and the defendant shall serve:

 

a) copies of all documents (including experts reports) on which he\she intends to rely on at the hearing.

 

b) any witness statements must be included in the documents filed and served; and;

 

c) copies of decided cases and other legal materials to be relied upon.

 

Does any one know if it is normal for them to ask for such a long time before the hearing? they also requested a stay. i will post my draft orders in a couple of mins.

[billyboysomerset]

Here is the draft order i sent to abbey

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

[billyboysomerset]

here is the other attached info i snet with my n150

cheers

Section H - other information

If the court is in agreement, it is respectfully suggested that special directions may be given as per the attached draft order.

 

I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

If the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

As the law relating to contractual penalties is long established, I believe the outstanding issues to be of fact. Accordingly, I would respectfully request that this claim is allocated to the small claims track, and estimate that the hearing of the claim should last no longer than one hour

[billyboysomerset]

If any one has any advice i would be very gratefull

 

cheers

[billyboysomerset]

Hello every one.

 

does any one know if i have had more charges applied to my account if i can add them to my claim, even if i have got as far as sending back my ac? if so is there a template?

 

cheers

[billyboysomerset]

Any one???

 

please:)

[Michael Browne]

Only by amending your claim (£35 fee - unreclaimable). the alternative is to make a 2nd claim when this one is settled.

[billyboysomerset]

Brill

 

thanks very much