simmo66 verses abbey

[simmo66]

hi all just filled in my AQ ive enclosed with it a draft order of directions amended schedule of charges and the letter i sent to abbey about asking them to get back to me with a reasonable settlement offer one question who do i make the cheque out to? it does not say on the form and also have i done it right. Im off on holiday sunday got to send AQ to court by saturday at the latest any speedy advice much appreciated

thanks simmo66 :D sunshine here i come yipeeeeeeeeeeeeeeeeee

[simmo66]

help needed please just recieved a letter from bow county court

 

Order

1.The action be stayed untill such time as the claimant files and serves a properly particularised claim identifying

.the bank account

.the period during which the said bank charges were incurred

.and by reference to a schedule itemising the said charges which are to

be reclaimed

.and the basis upon which the claimant alleged the charges are

recoverable from the defendant

 

2. should the claimant fail to file and serve the aforesaid particulars by

4 pm 10th october 2007 then the claim shall be struck out without

further order

 

2. This order being made on the courts own initiative either party may apply to vary or set aside the same upon lodging such application at court within 7 days of the date of service of this order.

 

does this mean that i can fire up my printer and do my 3 court bundles and deliver by hand one to court and one to shabby, i also have health issues so will it help to get the case heard if i write to the court about my further surgery need for my breast cancer and how i would like to get this over and done with and concentrate on getting better HELP ADVICE NEEDED PLEASE Thankyou simmo66:D

[psm]

Sounds to me that you have to redo your particulars of claim (POC). What did you use originally?

[simmo66]

i sent to abbey a copy of all my bank charges i used the interest calculator from money saving expert.com website it states the day of the charge and the interest to date. isimmo66:D

[psm]

post here what you filed on mcol

[simmo66]

1.Between 29th march 2001 and the 15th

december 2006 the Defendant debited numerous

charges from the claimants 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 unlawfull 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 £330.67 accruing at the

daily rate of 0.021% untill judgement or

payment

5. the claimant asks the court to enter

judgement in their favour for £1889.05 plus

interest totaling £2220.17

 

this is what i filed on my mcol the dates and amounts have been amended because i was claiming over six years abbey were sent an amended schedule of charges on the 22nd july 2007

[Sue Loftus]

Hi Simmo

 

20 of us are having hearings at Bow CC tomorrow so I suspect they are trying to be helpful - they've been very good with me. I used the POC wording on this site and didn't have a problem

[simmo66]

hi sue i will use the poc wording on this site but do i hand it in with my court bundle? simmo66

[psm]

Ring the the court office give your case number and explain your query they will be able to advise you what is expected and how can amend your POC, I think you use a form n244.

[simmo66]

thankyou for your help i will ring the court tomorrow:D Dawn

[simmo66]

Hi everyone

i have been stayed at court for over two years now, i've not heard from the court or abbey so what happens next, any help would be greatly appreciated