knellyk 2 vs Abbey!

[kia]

read on tother site there in court again next week cross fingers eh kk just not when your knitting cou1d be nasty :Dxxkia

[TUTTSI]

Hiya Knelly

 

Still waiting for my scarf............

 

Yep the House of Lords next Tues, Wed and Thurs.... so we will see.

 

Not sure how long the house of lords will take to make their decision, but I guess we have waited two years..... another 2 months is not the end of the world.

 

Tuttsi xx

[KnellyK]

read on tother site there in court again next week cross fingers eh kk just not when your knitting cou1d be nasty :Dxxkia

 

 

It could!

 

 

Very nasty indeed!

 

Especially if I was trying to multitask with some of the equipment we have at our disposal on the Angels thread!

[KnellyK]

Hiya Knelly

 

Still waiting for my scarf............

 

Yep the House of Lords next Tues, Wed and Thurs.... so we will see.

 

Not sure how long the house of lords will take to make their decision, but I guess we have waited two years..... another 2 months is not the end of the world.

 

Tuttsi xx

 

 

Don't hold your breath!

 

It could be longer than 2 months!

 

Plenty of time to do a bit more knitting!

[kia]

It could!

 

 

Very nasty indeed!

 

Especially if I was trying to multitask with some of the equipment we have at our disposal on the Angels thread!

:lol::lol:xxxkia

[TUTTSI]

Don't hold your breath!

 

It could be longer than 2 months!

 

Plenty of time to do a bit more knitting!

 

Yep probably September/October when the HOl resume and then it is a guessing game.

[KnellyK]

Well ...............

 

It's September so I thought I'd pop in on my old Abbey thread and see how much dust there is in here ~ it's nearly 2 years since I was supposed to go to court, it's a good job I've been keeping myself busy!

 

 

 

 

 

 

 

 

Still knitting!

[kia]

god that must be some ermmmmmm scarf now :Dxxxkia

[KnellyK]

One long scarf and several 'special' warmers! ;)

[kia]

god forbid they shou1d get co1d :Dxxxxkia

[KnellyK]

OOooohhhhh! It's October

 

I'd like a judgement soon!

 

In fact, I'd like the judgement by 14th November - that's a very special day! It'll be 2 years to the day that I should've been in court - but I had to find something else to do instead. :D

 

 

I've put the knitting needles down now!

Edited October 1, 2009 by KnellyK

[KnellyK]

Time to get the knitting out again!

[charleyfarley]

wot ya knitting missus?

 

a waistcoat? or a cardie? or long johns?

[KnellyK]

Right then......

 

 

It's time to put the knitting needles down and pick the pen up - or use the computer - to write to the court and the bank so they can dust off my claim and bring it back to the top of the pile! :)

 

 

 

 

 

It's a good job my hands found something interesting to occupy them during the past 2 years!

[KnellyK]

Right then, time to put my knitting down again and start thinking about my stayed case!

 

So..... I just looked through my documents, I was looking for something that says the charges cover their admin fees and found that the Defence Statement says ...

 

"8 The Claimant's contention that the fees are unenforceable and/or are"penalty charges" is denied. The fees reflect and are proportionate to the Defendant's administrative expenses incurred due to the Claimants breach of contract and are a genuine pre-estimate of the damage suffered by the Defendant.

 

9 Further or in the alternative, even if the said fees are not proportionate to the Defedant's administration expenses incurred (which is denied), the Claimant remains liable to ppay such fees as may be found to be proportionate and the Claimant is not entitled to claim repayment of the full amount of each charge made to the Account."

 

I've pm'd a mod to see if this is the type of statement that they're referring to in the new FAQs.

 

I've since found a letter -(signed by Abbey!) that states...

".......... Even if it were correct (which is not accepted) that the charges are greater than Abbey's actual loss in dealing with your account, Abbey would still be entitled to charge you something fore the expenses. Further you will see that the charges are liquidated damages , and not penalty charges and are therefore valid pre-estimates of loss."

 

 

I think I'm ready to amend my PoC !

[TUTTSI]

Hi Knellyk

Just to give you the heads up, Abbey have sent a letter to all the courts asking the courts to strike out our claims.

 

Call your court tomorrow to see what your court is doing and if they have received the letter from Abbey>

 

Good luck.

 

Tuttsi xx

 

 

Right then, time to put my knitting down again and start thinking about my stayed case!

 

So..... I just looked through my documents, I was looking for something that says the charges cover their admin fees and found that the Defence Statement says ...

 

"8 The Claimant's contention that the fees are unenforceable and/or are"penalty charges" is denied. The fees reflect and are proportionate to the Defendant's administrative expenses incurred due to the Claimants breach of contract and are a genuine pre-estimate of the damage suffered by the Defendant.

 

9 Further or in the alternative, even if the said fees are not proportionate to the Defedant's administration expenses incurred (which is denied), the Claimant remains liable to ppay such fees as may be found to be proportionate and the Claimant is not entitled to claim repayment of the full amount of each charge made to the Account."

 

I've pm'd a mod to see if this is the type of statement that they're referring to in the new FAQs.

 

I've since found a letter -(signed by Abbey!) that states...

".......... Even if it were correct (which is not accepted) that the charges are greater than Abbey's actual loss in dealing with your account, Abbey would still be entitled to charge you something fore the expenses. Further you will see that the charges are liquidated damages , and not penalty charges and are therefore valid pre-estimates of loss."

 

 

I think I'm ready to amend my PoC !

[KnellyK]

Hi Knellyk

Just to give you the heads up, Abbey have sent a letter to all the courts asking the courts to strike out our claims.

 

Call your court tomorrow to see what your court is doing and if they have received the letter from Abbey>

 

Good luck.

 

Tuttsi xx

 

 

Thanks Tuttsi!

 

I'll do that tomorrow!

[BankFodder]

I've responded to you but you haven't replied

[KnellyK]

I've responded to you but you haven't replied

 

I have now

 

 

 

I see you found my thread!

[BankFodder]

I have now

 

 

 

I see you found my thread!

Sorry but I have received nothing from you. I have resent you my email this morning

[KnellyK]

I've just phoned the court they still have a record of my claim which is good!

 

They advised me to write to them to request permission to amend my PoC. So, I'm going to get on with doing that this evening.

[TUTTSI]

Well done Knelly, good to see things are moving for you.

Tuttsi xx

 

I've just phoned the court they still have a record of my claim which is good!

 

They advised me to write to them to request permission to amend my PoC. So, I'm going to get on with doing that this evening.

[KnellyK]

Quick update...

 

I didn't amend my POC and I didn't respond to the useless order that Abbey kindly sent to me.

 

Yesterday I received General Form of Judgement from the court, it orders that the stay is lifted and gives me 'til 4pm on 23rd Februsry to let them know in writing whether I wish to proceed, if I do, i have permission to amend my POC or Defence and Counterclaim.

 

If no action by either side then it'll be struck out with no order for costs.

 

Or I can apply for a set aside but I have to do that within 7 days...

 

 

Decisions, Decisions.

 

 

Has anyone had any luck with Abbey since the Supreme Court Decision?

 

I seem to remember that S French was doing something? If Anyone know that outcome?

 

Any advice would be gratefully received.

 

:-)KK:-)

[KnellyK]

Final update...

 

I have just posted a letter telling the court that I no longer wish to persue the matter.

 

 

So, that's the end of this story - no fairytale ending for this one.