Pheobe Buffet v YB

[nickt1976]

Hi Claire,

You said you have paid a fee of £250 is this correct? as the fee for filling this is only £120. You make three copies of your particulars of claim on an N1 form together with your schedule of charges and take them to Court, where they send one copy to YB, one back to you and one they keep.

Nick.

[Michael Browne]

I don't think you include the interest for your court claim when determining the court fees.

 

I think as the charges are £4117 you should only be paying a court cost of £120.

 

The interest figure is ignored for the Small Claims limit of £5000, but court fees are assessed on Charges + Interest. So if the added interest takes your total over £5000, then the court fee is £250.

[Pheobe Buffet]

Hi all

Just returned back home off hols and I have been sent a 'Notice of Issue' from Pontefract CC. Assuming taht I have sent off my previous N1 stuff off ok...so bit more confident now

 

The 'defendant' (farts in a trance!) have until 24 May to reply........

 

So does this now mean I sit n wait for replies and if nothing, head to Court on that date?

 

Im hoping they get their act together PDQ - my summer holiday depends on this!

 

Will keep you all updated - good luck the rest of you!

Claire

[Pheobe Buffet]

Evening All

Upon return from my break away, I have received a letter from Pontefract CC informing me of the latest....

 

YB have until 27 May to respond to my request.I am bit nervous now as some of these posts that have took court action seem to of had longer waiting times - which is frustrating I can imagine but it gives the banks more time to sort something out, but mine seems to be very quick turnaround, which I am hoping means the YB will get their fingers outta their 'bottoms' and play ball.

 

Yesterday YB sent me a letter in the lines of ' you should now esculate your complaint to the FO' and 'any further correspondance will now be through our legal dept!:o

EEKKK - have I peed them off now? (Couldnt even read who had signed the letter as it was signed in a 'peevish' manner!)

So now,do I sit n wait?

Good luck with yours everyone else!

[Pheobe Buffet]

Hiya all

Ive received today a ' Notice that Acknowledgement has been Served' and it has the lovely Kirsty Ross on there saying that they are going to defend all of the claim.

 

The Court letter says that YB has 28 days from the date of service of the claim form to file a defence.....

so does that mean that its 28 FROM 14 may (when they filed their AService). Just that on the Notice of Issue i have a date of 24 May (which is when the Defendent has to reply)

Just trying to prepare meself for the worst!! Think I am best sorting out now my court bundle ready or sit and wait for something else to drop thro my door?? What do i ahve to do now?

Any advise v appreciated!

Claire x

[caro]

By all means start looking at the court bundle and sorting what you will need, although I wouldn't worry about printing it off in case you don't need it. Familiarise yourself with the process and what is likely to happen next from the FAQ's, other threads etc. Normally the Allocation Questionnaire would be the next stage, but this is often being dispensed with now, however as you claimed at your local court I believe you can expect one.

[Pheobe Buffet]

Hiya all

Im still sat her thinking what I need to do next...I had reply from the Court about YB defence and they are defending everything.

 

IT was sent on an 'Acknowledgement of Service' which was dated 14 May....

Was just wondering what i need to do now as i feel as tho im sat waiting to be shot!!:-|

DO i need to be doing anything else??

 

Thanks

Claire x

[sajabu2003]

You should recieve a copy of their defence and then hopefully shortly after a copy of the AQ for you to fill in.

 

Sarah.

[caro]

Don't worry Phoebe. YB never rush themselves. You've got a while to wait yet so just get yourself clued up for the next stage, which may or may not include an AQ.

[Pheobe Buffet]

hiya all

Just received the defence off Kirsty this morning :o

Just scraped in before their Mondy cut off date...anyway am I right in thinking that now I just wait for the AQ to arrive and in the meantime start to sort out my court bundle??

 

Im really getting nervous now as the court bundle ive to do sounds sooo hard!! Would I be ok to ask for advice/help? dont think I could do it on my own!

 

Thanks in advance

Claire x

[caro]

The work has largely been done for you on the bundle, which you won't need for some time yet. The bundle can be found in the Bank Templates Library, as can the guide for the AQ. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

[Pheobe Buffet]

Hiya all

Just received my AQ today, so being a good girl and getting in filled in now

Im just worried that ive put a wrong figure in, been following the template for the AQ and it said ** Please bare in mind that claims marginally over £5,000 should still be directed to Small Claims Track - the judge would have the final decision, so it's worth giving it a try..

ALSO - The claim figures mentioned above are calculated BEFORE interest and costs are added.

Ive mistakenly put in the figure of 5226.65 as this is my full claim which includes interest!

 

Have a totally messed my form up or am I ok to leave in??

Any advice by tomorrow AM would be appreciated as im wanting to send back ASAP.

Cheers

Claire

[Pheobe Buffet]

Please could someone advise which directions i need to enclose and also the other info...im tearing my hair out!!

 

Thanks x

[Pheobe Buffet]

Hi

Im just about to submit my N150 AQ...could you let me know if ive encl. the right info...

 

For the Directions ive sent the new one as per No3 by BF...

then for the other info in sect H ive attach the followin statement..

N150 Allocation Questionnaire

 

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.

 

Is that ok?? Im ok to send off??

Please advise if ive missd anything off....

Im getting very stressed!:-|

[Pheobe Buffet]

Hi

I have sent off the AQ now, afer ALOT of deliberations...

I think i may of screwed it up tho - I read on a previous post on here that someone enc. the CYNthesis to their AQ - and I didnt!

 

Does that mean Im going to be the 1st YB claimant to have their case stuck out?

 

Ive been worried about it all day, Ive got a horrible 'gut instinct'......

 

Please keep everything crossed for me!

Claire

[Michael Browne]

I think i may of screwed it up tho - I read on a previous post on here that someone enc. the CYNthesis to their AQ - and I didnt!

 

 

No matter, you can include this in your court bundle and staement of evidence later

[Pheobe Buffet]

Thanks for that Micheal...Im still worrying about it all tho!

Its getting very technical now, and I dont want to lose my money, I will be sooo gutted!

 

Claire

[Pheobe Buffet]

HI

Well....YB have sent thro their AQ and they have ticked that they want a months stay to either offer a settlement (yeh right!) and to try n sort out etc etc -

do i wait for the court to get back re date for hearing now?

 

AFter going thro ALL my correspondance with the YB - the have never even acknowledge my request for settling or even offered a measly settlement figure!! All I have in their letters is 'thank you for your letter dated..... we are looking into sending your statements and they will eb with you in due course!!

 

Thats even after me sending them a final 'pay up or im off to court letter!'

 

Could I possibly use their pathetic use of replies to prove they have ignored my request?

 

Sitting and waiting patiently!

Claire

[conalot]

my AQ had that to an i have had no offers of them just the standard YB responces an not even a sniff of a settlement annoying isnt it my court date is sept 7 so lets see what happens hope it goes well for you good luck

[Pheobe Buffet]

Hi

Yes, youd think YB would have the decency to acknowledge what we had written (or am I expecting too much!?)

 

Received YB AQ last week and they have ticked the box asking for a months stay to sort out a settlement etc etc......but on mine I ticked I didnt want one!

 

What happens now? Do the Courts decide?:-|

 

Any help gratefully received (As always!)

 

Claire

[caro]

Yup, court decides.

[Pheobe Buffet]

Thanks for the reply Caro - its v much appreciated!

Im not feeling overly confident at the mo TBH - have a niggling feeling things will go tit$ up (but thats my luck in general!)...but im sooo hoping!

 

Is there anyway i can change my title of my posts (the one that shows on the YB forum page?) want to change to PheobeBuffet V YB...ifposs?

 

Thanks again and hope things are going ok with your flood clean up and your mum....(weve had family lose loads in the floods in Doncaster last week - not good times )

 

Claire

[caro]

As long as you prepare properly there is no reason for anything to go wrong. I'll change your title for you.

 

Mum slowly on the mend and the house drying very slowly, but at least I can look forward to all new furniture downstairs, new kitchen and redecorating, which will probably be quicker than waiting for my husband to do it!

 

I do sympathise with your family though.

[Pheobe Buffet]

Hiya all

Just a quick note - im still waiting for a court date to be issued...seems ages since i sent in my AQ and YB sent theirs....is it a good sign to be waiting so long?

Keep fretting that somethings been c*cked up down the line and its gonna go flat on its face...altho Court did cash my cheque few weeks back.

 

also, got a silly 1 page bank statement off YB the other day and it had 'requested' along the top....what are they playing at??

 

So im getting impatient basically and wanting to know whats what!

claire

[caro]

At my local court it took 6 weeks before my AQ was looked at, then a 30 day stay was allowed, and then another 6 weeks after that ended before a court date was even allocated. This was purely down to how busy the court was, although curiously the court manager (who clearly disapproved of these claims and of me:p) maintained that they had nothing to do with how busy they were.