chelli v ABBEY £6k+

[chelli]

thanks sowerby17

do you know the answer to my question re n150 that i posted earlier

[chelli]

Whilst looking through the threads about AQ, i have paste off a post which has lots of great info - could be of help to some of you out there. If you are struggling with your AQ please go onto the thread its great. GaryH has designed a seperate piece for the "other information" which should go with section H (sec G on N149). He recommends that it be sent with all AQ's.

hope that all makes sense - just well excited that i have finally filled in this ruddy form

chelli

p.s paste'd info below

 

I am currently filling in my N150, I fully understand A,B,C,D However In D under Witnesses I have put my name under "witness Name" do I include my husband also as he is also named as the Claimant.Also What do I put under "Witness to which facts!!!!!!

Yes, you are both witnesses - to "all facts and matters relevant to this claim".

Also in D as my claim is substanuly larger than £5K do I automatically tick "FAST TRACK"

No, I would still tick small claims. For reasons put -

 

a) The claim is a consumer dispute, for which the small claims track was specifically designed

 

b) Overriding objective's require both parties to be on an even footing - the small claims track can provide for this whereas the fast track would mean costs exposure which would be a heavy burden for you but insignificant to the defendant

 

c) The law relating to contractual penalties is long established in both common law and statute - therefore the issues are of fact, not of law.

(E) I also understand.

(F)I have ticked "yes" and will attach the Draft order of directions as per the AQ template - Is this correct???? aprt from the obvious do I change any of the wording?????

Correct

(G) Understand to leave this blank

(H) totally totally stuck, so hopefully will break this down -

1st box tick yes

2nd box tick yes - However as I have not sent anything to the other parties, what do I put in the box "when did they receive them??????????

Send a copy to the other side, and put "sent **/**/** first class recorded delivery"

What does do I intend to make applications in the future mean, and what do I put.

No applications

[chelli]

I filed my AQ on the 6/6/07 and the clerk said that i now have to wait for Abbey to file theirs. Also sent a copy to the abbey (recorded)

More waiting - role on the 18th june !!!

[sowerby17]

hope you get a result soon

[chelli]

On the 16th i recieved the abbey's AQ ! I suppose i just have to wait for the courts to allocate my track and submit a court date. Should i start to print off the court bundle now?

chelli

[sowerby17]

Have you rang them yet to see if they will settle before court date?

[chelli]

HI SOWERBY17

 

I have just sent inga kirkman an email

 

 

Dear Inga Kirkman

Claim number xxxxxxxxx

Acc No xxxxxxxxxxxxxx

Your Ref: xxxxxxxxxxx

We are writing this email as a final offer of settlement before the case appears before the court, we are making this offer in an effort to reduce the costs to yourself before we prepare the bundle, which as you will be aware will also incur you additional costs. We are aware of the large amount of claims which you are currently dealing with and to assist your workload, we believe it would help all concerned to settle this matter out of court.

It is well documented that you have no intention of ever going to full hearing, shown by the fact that you have settled an extremely large number of claims at the last minute before going to court, and it would be beneficial to all parties, including the court system that this matter is dealt with out of court.

Our claim amount as of today stands at £xxxx including court fees and interest, we are prepared to settle this matter for the sum of £xxxx. We are sure you are well aware this figure is rising on a daily basis, and will increase with the cost of completing the bundle, preperation of the bundle, including photocopying costs, ink costs, and the cost of time to prepare the bundle, further court costs and transport and postage costs. As you can see settling this matter now, would be mutually beneficial.

This is the least amount we are prepared to settle for, for any avoidance of doubt refusal to settle will not stop the legal action against you, we shall be following the legal process to the end.

This settlement offer is valid for a period of 7 days, after this period has expired, the matter will be dealt with by the court system.

We hope we can come to an amicable agreement on this matter.

We look forward to receiving your prompt response

 

what do you think?

[chelli]

i have only reduced the amount by £42 hee hee hee probably wont amount to much but if you dont try nothing, you dont get nothing!!

[chelli]

p.s i couldnt find any thread that suggested ringing the abbey, to be fair there are probably loads but once you start reading one thread, you kinda get side tracked!

[noobrider]

send it chelli, although dont hold your breath for a reply..best of luck though

[chelli]

Hi Noobrider - sent it earlier

I have since had a reply to say the email had been opened/read - nothing from her majesty 'inga' though!

[chelli]

N.b sent the email at 11.28 am and it was read at 11.30 am - on the ball or what, or maybe that was the time they deleted it

[chelli]

noobrider thank goodness i didnt hold my breath!!!!!:o

[chelli]

i have recieved my court order and really need some help. i have been allocated to fast track and the judge has ordered that

1. Each party give to each other standard disclosure of documents by serving copies together with a disclosure statement by the 2nd aug 2007.

documents = court bundle? disclosure statement= list of dates+contents?

2. witness statement by the 13th sept 2007 ok with this one found a link

3. Each party shall serve any request for clarification or further info based on any documents disclosed or statement served by another party ?

4. completed pre-trial check lists shall be sent to the court by 25th oct 2007? pre-trial review in the first two weeks of DECEMBER 2007!!!!!!!! HELP PLEASE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[ohoh4312]

Hi Chelli

 

O M G - DECEMBER!!!!!!

 

That's just unbelievable - so much for Fast Track - it would be better being called Dead Snail Track!

 

I can't help you with the Order I am afraid - not at this stage yet, and by the looks of things I won't be till Easter 2008!

 

Hopefully someone will be along soon to assist you with this.

 

Chin up (if you can!)

 

Best regards

 

Jo xx

[einyuk]

i think the key point is the standard disclosure by the 2nd aug............abbey won't like that...........an will look to settle before that date.

[chelli]

Thanks einyuk get them fingers crossed for me!

[chelli]

thanks for your reply jo - i know the abbey are meant to be slow but it would seem my courts aren't much quicker either!:o

thanks for trying to help and comments are nice to recieve:)

[chelli]

Please if there are any wise ones looking in could you answer my question on the previous page thank you:)

[chelli]

:-| :-|

[chelli]

Just recieved a letter from abbey in reply to a letter i sent on the 15th may 200, from Claire Farmer, senior customer resolution manager. She has wrote to apoligises for the delay(????!!!!!!) in trying to investigate my account, which she has now done. The outcome is that she/abbey are satisfied the charges do not contravene any regulations and therefore cannot agree to refund any further charges.

Has anyone else had one of these letters? is it standard?

should i reply to it?

[einyuk]

i have recieved my court order and really need some help. i have been allocated to fast track and the judge has ordered that

1. Each party give to each other standard disclosure of documents by serving copies together with a disclosure statement by the 2nd aug 2007.

documents = court bundle? disclosure statement= list of dates+contents?

2. witness statement by the 13th sept 2007 ok with this one found a link

3. Each party shall serve any request for clarification or further info based on any documents disclosed or statement served by another party ?

4. completed pre-trial check lists shall be sent to the court by 25th oct 2007? pre-trial review in the first two weeks of DECEMBER 2007!!!!!!!! HELP PLEASE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

hi chelli

 

i've pm Garyh for you............so hopefully he can help you out with these directions

 

good luck

[chelli]

thanks einyuk

you are a star

gonna need ya luck too cheers

chelli

[chelli]

Hi if there is any one who can help me i would really appreciate it!

I have pm garyh and so has einyuk, but he must be really busy at the mo. I am getting desparate for an answer to my questions - still up at 12.45 mithering my brain for the third nite in a row :-|

[chelli]

do u need to see tears?