Taking on Abbey **WON**

[pumpkin07]

You lot are a crazy bunch. Lula what do you mean by a screen dump, coz I am sure it is not what I am thinking!!!!!!!!!!!!!!!!!

[pumpkin07]

And your picture does not help!!!!!!!!!!!!!!!!

[Lula]

ROFLMAO I mean print off the page that shows that it has been delivered, at what time and date

[pumpkin07]

OOOOhhhhhhhhh Thanks:lol: :lol:

[Lula]

LOL, I only mentioned it cos of the shenanigans with the barristers at Southend today denying that they had received ANY of the Schedule of charges of the claimants, un bloody beleiveable lol

[pumpkin07]

I have got an allocation hearing this afternoon and I have got the small bundle together. I am bothered by the "Allocation hearing witness statement" as it is for claims below £5000.00 and mine is above this. Is there a witness statement for claims above £5000. I know that I have raised this question before and was told that it did not matter. Can someone explain why it does not matter, when it would seem to me to be lying on the statement??????????????????????????????????????

[Lula]

Hi, i dont know why it doesnt matter, have you been allocated the small claims? If that was the advice given, then follow it as it will be ok, anyway, chances are that they will settle anyway

[Lula]

Pumpkin, #i have just taken a look at it, and it is fine to use.

[pumpkin07]

I am so sorry about this.

 

 

In no.7, it says "The claim is well below the 5K threashold. The claimant filed the claim believing it would be dealt with in the small claims court and did not anticipate the risk of bearing the costs in the fast or multi-track. To allocate the claim outside the small claims would be grossly unfair."

My claim is for £9000. So when filing my claim I must have known that it would be fast or multi-track.

 

Also I am not able to print out the list of settled cases.

 

Thanks

[Lula]

just take it out and state that you are aware that it is over the 5k limit but would ask that it is allocated to the fast track (yes, you want this is comes with automatic disclosure - they settle quicker) or you can ask that is it put into small claims, just adjust it to suit

[pumpkin07]

Thanks for that. Can you help me reword the paragraph below because now I am asking for fast track

 

5." Under the overriding objectives of the Civil Procedure Rules there is an obligation of the judge to ensure the parties are placed on an equal footing. As the Defendant is a huge financial institution it would be unfair to place this in the fast or multi-track as this would give the defendant the advantage in being able to bear the risk of costs whereas the Claimant does not. The Defendant has ready access to legal advice and representation whereas the Claimant is a litigant in person."

[Lula]

Thanks for that. Can you help me reword the paragraph below because now I am asking for fast track

 

5." Under the overriding objectives of the Civil Procedure Rules there is an obligation of the judge to ensure the parties are placed on an equal footing. As the Defendant is a huge financial institution it would be unfair to place this in the fast or multi-track as this would give the defendant the advantage in being able to bear the risk of costs whereas the Claimant does not. The Defendant has ready access to legal advice and representation whereas the Claimant is a litigant in person."

 

just take it out and leave it to the judge :grin:

[pumpkin07]

Thank you so so much. I know it is only allocation hearing but I am so nervous about what will happen. Thanks again.

[gatecrasher2]

It is within the judges discretion to order the small claims route as your case is a matter of fact, not a matter of law. The judge is also fully aware that the banks are taking the pee out of the court process in order to frustrate claimants.

[A-dust]

Hi Pumpkin07

 

I've just read your story so far...how did it go today?

[pumpkin07]

I THINK I HAVE WON

My allocation hearing was today at 3.30pm. Due to a lot of other drama, I got there at 3.40pm. Anyway, while I sat waiting to be called, I asked the lady at reception if a anybody from Abbey had turned up. She said no, but she did put a fax onto my file.

 

Got called in and it was just me and the judge in the room. He said " This is the situation, Judge XXXXXX had allowed you to file your amended claim and he also set a date for an allocation hearing for today. Judge XXXXXX also stated that if either party did not turn up that judgement should be made against them." He then said "The court received a fax from Abbey on Friday at 10pm stating that for the past week they have been in ongoing negoiations with the claimant by email and letter and felt the they were close to an agreement so felt no need to attend court today."

They are a bunch of bloody liars. On Tuesday, I emailed Inga to tell her that I would not accept less than 9000.00. On Wednesday she email me back to say that offering a reduction of only 139.00 was not commercially attractive to them. On Wednesday night I replied and told her that when they were taking gross amounts of unfair charges out of my account, they did not consider that it would not be commercially attractive to me, so why bring up the commercially attractive arguement now. Inga did not answer me back. And that was Wednesday, they faxed the court on Friday night.

The judge then asked me had I come to an agreement with Abbey. I told him no. He said he thought it was absurd that Abbey did not turn up and thought they could send a fax even though no agreement was made. He then asked if I had any objections to him entering judgement against Abbey, I said no sir. We then went through the figures. Funnily enough he thought that the £1.92 daily rate I was charging was a bit high ( i told him it was 8% of the total) but he still went along with it. So I got my charges, interest, court costs and 78 days daily charge totalling the tidy sum of £9158.41. He said Abbey will have 14 days to pay.

 

I would like to say a very, very, very big thank you to all who have posted on my forum helping and encouraging me, and to all those who been there and done it, their forums were very inspiring.

[Lula]

CONGRATULATIONS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

and for the record, you didnt get any emails from Inga last week cos she has been off on annual leave, so it was one of the others, but still HAHAHAHAHA CONGRATULATIONS!!!!

[A-dust]

Excellent! Congratulations...What a farce the ShAbbey lot are! There's hope yet for us all

[pumpkin07]

Thanks for all your help this morning. I was sh---ing myself over nothing. When the judge asked if I had come to an agreement with Abbey and I told him no. I was going to show him the emails that I had sent. He said he did not want to see them because no agreement was made. In fact he looked at nothing I brought.

[ICY]

CONGRATULATIONS

[pumpkin07]

Thanks A-dust. Icy just waiting for you now. I'll look on your post later to see how you are doing.

[pumpkin07]

Thanks to whoever changed my title.

[ICY]

no change yet i am afraid, STILL waiting, 8 days to go

[pumpkin07]

I am rooting for you

[Lady E]

pumpkin - do you have any news for us ?

 

Well done for standing up against Abbey, good judge as well .

 

 

CONGRATULATIONS ..............