R0G0 v Abbey

[R0G0]

hello,

decided to start a thread as my case could now be getting to nitty gritty.

have been folowing this site and moneyexpert for 2 months now, you guys are the best.

 

my case so far:-

21/2/07 S.A.R - (Subject Access Request) sent with £10

28/2/07 bank letter saying 12 months statement in a week and microfiche to follow, they did 1 and 3 weeks later.

24/3/07 requested 2271.50+397.76int back within 14 days.

30/3/07 recieved letter saying they would look into it within 4 weeks.

10/4/07 sent second letter requesting payment within 14 days or court.

25/4/07 recieved another letter saying they need 4 more weeks to look into it. lol

26/4/07 filed with MCOL (deemed to be served on 1/5/07)

my POC as follows from martin lewis's site.

 

1. Between 16/12/2001 and 14/01/2007the Defendant debited numerous charges from the Claimant’s account.

2. The charges are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999, because they are a disproportionately high sum in compensation compared to the cost of the purported breach.

3. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty.

4. Under the County Courts Act, the claimant is entitled to interest of 8% per annum from the date they were deprived of the money. This totals £397.76, accruing at the daily rate of 0.021% until judgment or payment.

5. The Claimant asks the court to enter judgment in their favour for £2271.50 plus interest, totaling 2669.26.

 

 

9/05/07 Acknowlegment of service filed.

 

17/05/07 me sat here doing lots of research.

[R0G0]

as i started my claim using moneyexpert i have not sent my scedule of charges to the court. i have read here that it could get struck out if i dont send it even at this early stage.

should i post it to MCOL now with a covering letter?

if so what do i need to say on letter?

[cassie2006]

HI Rogo

 

Don't panic.

 

My thread post #12 has a link and post #2 on that link has a draft letter you can send to MCOL with a list of your charges.

 

Sorry - don't know how to attach the link on here:(

 

Best of luck

 

Cassie

[R0G0]

Thanks Cassie,

Got that sorted now sending one to bank (registered of course) and one to court with relevant covering letters.

I have sent it to bank twice before but i'm sure they could say they did'nt get get em e.g.different dept..

I also made sure I put my account number and date account opened, which I left out before.

 

I'm gonna have a good read of your thread now.

thanks again

[charleyfarley]

Sorry - don't know how to attach the link on here:sad:

 

Go to the page you want to link to, clickon the url, which is the bit sayinghttp://www etc it will turn blue, , when it turns blue, right click and select copy from the list that appears by magic. Go back to where you want to put the link, then right click again and select "Paste"

and kerdunk........... it's there:)

 

 

Much easier than it sounds

[R0G0]

Got my defense today, same old, same old i believe. funny how me Glad and various others got defence on same day. i believe it's just a waiting game now till local court get into it. anyone know roughly how long it takes to go from MCOL to local court once defence is filled?

[glad]

Hi ROGO

It seems that they been doing a bulk posting of defences!!!!!

Good luck

Glad:eek:

[R0G0]

Thanks Glad, you too.

OK i'm reading ahead now and trying to get AQ ready before i'm asked (incase the site gets taken down by gov or something lol).

i'm preparing my AQ as GaryH sugests and requesting strike out on AQ. i have done the first part of 'section G - other information', but the second part goes into 'Draft order for directions'.

would i be right in thinking the draft order is the next step after AQ and we are being forward in producing this to speed up the process?

 

also off topic, is there a quick way of finding my thread as due to the popularity of the site i keep having to hunt for it.

and is it Defence or Defense?

[Mad Nick]

Hi,

• two ways of quick access to your page
  • bookmark it
    
  • create a shortcut on your desktop (go to desktop, right click, new, shortcut then paste the URL to your page)

  [*] Defence

You're right about Directions - the formal Directions come from the Judge after each party has submitted an AQ. You can include draft Directions in your AQ for the Judge to consider using.

 

Regards, Mad Nick

[R0G0]

Thanks nick,

prompt and useful answers:). i feel a bit silly now asking how to bookmark my thread, i'll put it down to my head being full of legal wrangle.

[R0G0]

Hi All,

i received my notice of transfer letter today, to Preston county court.

i have prepared an AQ requesting strike out, and as predicted by this site,the AQ has been dispensed with.

anyway i was thinking of sending it anyway as a letter something like this:-

 

Dear Sir,

i would be grateful if you inform me as to Werther a £100 allocation fee is required in my instance.

i have also enclosed an order request for the judge to consider.

 

your Sincerely,

 

 

what do you think?

[Robdblynd]

I got permission from the court office to do that Rogo, it seemed a shame for him not to see it when it was so brilliant.

 

Don't think he saw it though (in my case) cos I've been transferred to Mercantile with a Case Management Hearing at the end of this month.

 

I'd do it, what have you got to lose?

[R0G0]

thanks , i think the order is top work too and the judge should see it,

i'll do it tomorrow, that gives the rest of the night for someone to say "don'nt send that, they will lock you up with Lions" or something almost as bad.

[Lula]

DONT DO THAT THEY WILL LOCK YOU UP WITH THE LION!!!!

 

only joking, send it, whats the worst that can happen? he/she can just disregard it

[R0G0]

lula i new someone would. anyway sent it, well a better covering letter than post 11 but with same gist, just crossing my fingers that judge wants to clear his desk when he reads my case.

[R0G0]

almost forgot to mention, i started a claim against IF for £556 + int 116,

first s.a.r, they replyed in a week with a well presented list of charges and returned my cheque. (cheers)

first request, response 'was we need 4 weeks'. (i forgot about it so they got 4 weeks) then letter offering half the charges.

refusal letter and final request sent, offer of full charges without interest recieved within 3 days.( i am going to take it)

 

i am amazed at how well they handled it compared to abbey, less work and cost for both partys. i decided the interest would pay their actual costs of running my account that has been closed for 2 yrs.

[R0G0]

i am concidering sending a nudge letter to abbey (first one in first post) i want to add a couple of paragraphs as below, but my language skills are bad, anyone fancy trying to reword them for me?

 

'

I am aware that my offer is the same as my claim excluding statutory interest from my first request to date, I also understand that you have incurred costs in administrating my account, this is why my claim does not include any overdraft interest you have charged me on bank charges.

Due to you letting my complaint run to this late stage there are also my costs for administering this claim to consider. If you were to reject this offer any further offers would have to consider my wasted costs as I believe you have behaved unreasonably and are abusing the court process.'

[R0G0]

well never sent the nudge letter mentioned above,

today i recieved the following:-

 

notice of allocation to the small claims track (hearing)

 

DEPUTY DISTRICT JUDGE FLANAGAN has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

The hearing of the claim will take place on a date to be fixed at Preston County Court and should take no longer than 1 hour.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

1. Unless the claimant has already provided this information, the claimant shall send to the court and a copy to the Defendant by 4pm on 6th August 2007 a list of all charges debited to the account that are included in the claim, giving the date and the reason stated for the charge.

2. bla

3. bla

4. bla

5. bla

6. blah

 

now i have sent a scedule of charges but it did not state the reasons for charges, should i send it again with reasons or just wait for a date?

[Lula]

when you sent the court the spreadsheet did it not contain the descriptions ie o/d charge, cheque clearance etc?

[R0G0]

hi lula,

no, i used moneyexperts calculator so it just had dates and amounts. i could go through my microfish and add descriptions, then send to court and abbey.

[R0G0]

just rang the court and they said my case is waiting to be listed, probably in october. she new nothing of a test case and said cases still are being listed and heard.

[R0G0]

Help,

[R0G0]

Help, I Have My Court Date For 17th Sept,

but want to go on holls on 15th, i am doing my bundles now (wow a lot has been added to the bundle) should i write a letter asking them not to stay the case and go ahead in my absense or what?? help

[R0G0]

Well my case is still stayed, so in light of todays OFT win i'm gonna have a look at hardship letters. i've lost my job and had to re-negotiate my mortgage plus i've got council tax baliffs knockin. i have been to citizens advice and they have done me a financial statement showing im -£100 a week. i got a template letter for the bank but i think i need one for the court as i'm stayed in court. i will go read.