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    • It's a GR Yaris - Finance is with Alphera, who are part of BMW I believe. I'm sure the unit is very expensive to repair, I have even told them I would be happy with a refurbished/reconditioned unit, in trying to be reasonable as well.
    • Without seeing this envelope, document and sticker it is impossible to advise properly. However, just going on what you have told us, there are two ways you can deal with this: !. The easy way. This has the lowest risk but the guarantee of a penalty for speeding.  You can respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box you can explain that you responded to the request for driver’s details but it was recently returned to you, seemingly not actioned. However, you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. You could also ask the court to consider sentencing you at the fixed penalty level (£100 and 3 points) as this prosecution seems to be the result of an administrative problem outside your control. 2. The not so easy way with higher risk. This could see you convicted of the FtP charge but has the possibility that you escape with no penalty whatsoever. You can do the same – plead not guilty to both charges. If you go down this route the speeding charge cannot succeed as they have no evidence you were driving. This comes from your response to the request for driver’s details which the police say they have not got. You can mention in the “Reasons” box that you returned the request for driver’s details as required. You will then face a trial for the FtP charge and you can produced your response together with the envelope and sticker showing it had been returned to you. The risk with this is that if your defence fails you will be fined a week and a half’s net income, pay a “Victim Surcharge” of 40% of the fine, pay prosecution costs of around £650 and have six points together with an endorsement code (MS90) which will see your insurance premiums rocket.
    • Probably very expensive to replace what car and model who is your finance with ?   Andy
    • Topic moved to Financial legal Issues forum in view of the claim form. Topic title updated Please continue to post here, Andy   .
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knellyk 2 vs Abbey!


KnellyK
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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

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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! :D

 

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

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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! :rolleyes:

 

Plenty of time to do a bit more knitting!

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It could! :)

 

 

Very nasty indeed! :D

 

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

:lol::lol::lol:xxxkia
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  • 2 weeks later...
Don't hold your breath!

 

It could be longer than 2 months! :rolleyes:

 

Plenty of time to do a bit more knitting!

 

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

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  • 2 months later...

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!

:rolleyes:;):p

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  • 3 weeks later...

OOooohhhhh! It's October :D

 

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:D

 

 

I've put the knitting needles down now! ;)

Edited by KnellyK
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  • 1 month later...

wot ya knitting missus?

 

a waistcoat? or a cardie? or long johns?

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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  • 2 weeks later...

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! ;)

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  • 2 months later...

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 ! :)

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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 ! :)

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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! :)

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

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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

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  • 2 weeks later...

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. :-)

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  • 10 months later...

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:-)

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  • 3 weeks later...
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