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clarion48 vs Abbey ****WON****


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Jeeze, i don't know what to make of your experience, but if it were me i would make an application for wasted costs anyway, you have nothing to loose. And congratulations on getting the case struck out. If you want to quote my claim for wastage costs just PM me.

 

Regards

 

ps. 14days to pay you, if they don't then roll on enforcement!

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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oh my god anita what an experience what we all dread and what a rotten judge still at least he struck it out and do go for your costs maybe the judge is just fed up with so many bank cases but if hed done his job you wouldnt have needed to appear at all and if the higher up people got there ar..s into gear and get the banks stopped from doing this.right off my soap box now but honestly it was my night mare that having to appear in court but luckily i ididnt have to well bonnie next then lol xxkia

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not at all icy just one bad experience shouldnt put you off wont be the same court anyway will it not less youve moved south recently lol xxkia

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not a chance i am moving south lol

Although if there were better job ops, i would be moving to republic of ireland in a flash, had it with this country lol

might try to push inga one final time as i could do with booking our honeymoon

:madgrin:

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Unlucky Anita but well done for actually going through with it. Have you PM'd a mod for advice? I think I'd still be tempted to make a formal application but then is it likely to go before the same judge?! Hopefully Gary H or one of the others will be able to offer some guidance on this one!

 

J

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Clarion, firstly well done. I have got a bulk hearing at Guildford also and now I know what to "look forward" to. Sounds absolutely ghastly. Could I just ask you if you claimed contractual interest. I am wondering whether the judge at your hearing would have struck out cases if CI involved. Well done again, Aoife.

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Thanks everyone.....still considering a formal application and possibly sending it to the judge who made my directions....she has found in favour of several costs applications.

 

Icy....glad it made you giggle....strange sense of humour!

 

Aoife...no, I didn't claim CI......just s.69 SI

 

J....I already sent a pm to a mod.....waiting for a reply

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Anita, well done for standing up to Abbey, pity the judge wasn't more sympathetic to claimants. I'd go for a formal application for wasted costs order. It's the least they should pay for wasting all your time and resources on a stupid fruitless exercise. They never intended to appear in court so why do they bother with all the hassle. :mad:

 

Chin up sunshine, you'll get there. At least the judge gave them a deadline for payment and officially struck out their defence. If he'd been feeling really bolshy he could've stayed to give them time. :)

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Hi Tricia....just been looking for you on MSN.....I'm glad the case got struck out.....really glad. The bank told me today that a cheque of that amount would take at least 10 days to clear cos at any time during that 10 days.....abbey could retract it!! Knowing them....they would out of spite!!

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Really interesting......I just had a pm from another cagger.....who went before the same judge at the same court in two separate cases and was awarded costs in both.

 

What does anyone make of that?

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Hi Anita

 

WELL DONE for going to court and standing up there in front of everyone and then having to speak!:eek:

 

I can understand how you felt, I have been before a number of magistrates to obtain pub licenses and it is not a pleasant experience I could feel everyones eyes burning into me, I felt like a real criminal and all I wanted was a booze license!

 

SO WELL DONE TO YOU.

 

Re the wasted costs order, just go ahead anyway what can you lose?

 

Speak soon

Simon:)

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

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Thanks Simon......yes, generally everybody feels that I should apply anyway. Just a bit deflated and weary at the moment.....but will almost certainly go for it once I gather momentum again.

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Well done for going to court! You've got the scary bit over with now! (And you coped with Bonnie & Clive as well!)

 

As Simon says, you might as well send the wasted costs order anyway, (once this cheque's cleared ~ of course!) you've got nothing to lose!

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well done for trying Anita

Nat West Settled 2 acct's before action:

 

£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007

 

Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07

 

14/02/07 N1 filed @ local court

21/02/07 issued claim

23/02/07 deemed served

25/02/07 Abbey acknowledgement defend in full.

19/03/07 defence + 50% GOGW

13/04/07 AQ final day for submission

30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"

01/05/07 Judgement order

8/05/07 Warrant of Execution requested

 

 

Media coverage :D

 

http://news.bbc.co.uk/1/hi/business/6701231.stm

 

http://www.newburytoday.co.uk/News/Article.aspx?articleID=4505

 

 

If you find my post helpfull then please click my scales:)

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Hi anita!!! Just wanted to say u done well 2day girl!!

Being in that court was terrifying and compared to that bumbling Abbey idiot (i think he was their solicitor) u were the best!!!!

I was terrified just sitting next to you and can only imagine if that was me?? (id cut and run now)!!!

U presented yr case better than all the others (who were wrecks in the judges presence) and i dont blame them, it was horrible!!

Hopefully A MOD WILL GIVE ADVICE on what to do next as u've put the effort in and deserve the final payment!!!

BUT CAN I JUSY SAY KNELLYK......................... i dont appreciate being referred to as "bonnie and clive"!!!!!!!!! :-D :-D :-D (that is sooooooo funny)!!! :wink: :wink:

im off now as ive upset all insundry and am going back under my rock!!!

luv 2 ya!!

Traci xxxxxxxxxxxxxxxx

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bonnie....the bumbling barrister was lloyds not abbey.....all of those barristers were lloyds as far as I recall.

 

who have you been upsetting at 3.00 in the morning?

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Excellent news for you all......finally my settlement is cleared in my bank account..........hooray!!!

 

Tricia......I'm off for some retail therapy of my own luv.....can't wait!!

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Excellent news for you all......finally my settlement is cleared in my bank account..........hooray!!!

 

Tricia......I'm off for some retail therapy of my own luv.....can't wait!!

 

 

Good on ya girl, go pamper yourself

:madgrin:

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FANTASTIC NEWS that you've got the cash. Retail therapy is fantastic when you know you can afford it and won't have to juggle the books to pay for things.

NOW .... go get that new car so you can come to Redhill safely and in comfort, we can't wait. And get yourself a little keepsake that everytime you look at it or wear it you can say "up yours Abbey" .... I did and love the feeling, everytime I touch it I can see the pain it cost them to part with my cash.

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Firstly - congratulations!! You won!:-D

 

Costs are always going to be hit and miss in small claims track cases and its solely at the discretion of the judge. There is no automatic right to costs as there is in the higher tracks, and in fact there is a strict no costs rule.

 

However, under the CPR there is a provision for costs to be awarded against a party who has "behaved unreasonably". What constitutes unreasonable behaviour and how unreasonable the behaviour has to be before costs are awarded seems to be a matter of interpretation for each individual judge, and as with the charges issue as a whole, different judges have wildly differing and opposing views. Some will award it, but to be honest it seems so far that most won't.

 

If the judge has dismissed it formally at the hearing then I don't think it would be wise to go back and apply - if he's made his decision on it he won't change his mind. I do think it was unfair of him to dismiss it without even hearing your application though.

 

Personally, I think you should pat yourself on the back for a job well done. You got what you set out for and saw it through to the end where many would have bottled out. Well done.:)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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bonnie....the bumbling barrister was lloyds not abbey.....all of those barristers were lloyds as far as I recall.

 

who have you been upsetting at 3.00 in the morning?

 

 

Was he????? Good memory eh!!!:(

Ask the girls....... im staying under my rock for next 10 yrs!!!! :(

xxxxxxxxxxxxxxxxxxxxxx

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