Reka v Abbey ***WON IN COURT!***

[GaryH]

Here you go - http://www.consumeractiongroup.co.uk/forum/guidance-notes/641-case-guidance-notes-going.html

[reka]

Thanks Gary, i have just printed it out to take with me to read as i dont have time nnow.

 

School run the court, wooo hoooo:smile:

[ICY]

good luck reka, hope all goes well

[jules1973]

any news yet on how Reka has got on?

[reka]

any news yet on how Reka has got on?

 

LOL...... as if you need to ask....

 

 

 

** I W O N *** woooooo hoooooooo

 

I have just got back, i have to go and collect my son now but will post all the details this evening...... Massive thanks to CAG, especially Gary H, Lula and Jules

[ICY]

About flipping time, been sat waiting for you to come back, cant wait to read the full details

 

CONGRATULATIONS

[jules1973]

CONGRATULATIONS, I AM SO PLEASED FOR YOU.

 

Well Done, I look forward to catching up with your response later today.

 

Once Again, Well Done, Enjoy Spending it.xxxxxx:) :):)

[GaryH]

Wooohoooo!! Well done!!

 

I'll change your title for you and look forward to hearing details later on.

[kev2b3]

Congratulations, well done, well deserved

[glad]

Congratulations Reka:) :) Well Done

[Lula]

I love it when i am right, congratultions, when you get back we want ALL ther details, in details please

[sajabu2003]

Well done!

[corn flake]

CONGRATULATIONS!!!!!!!!

Tanya xxx

[abroadgirl]

hi been reading this thread but each time i go to open something i clicked on your link for abbet and winzip keeps comming up even for the court bungle

[Villafan]

CONGRATULATIONS!

can't wait to read all about it!

[Will Scarlet]

Reka - have just read your thread, many congrats, I know how you must have felt. I was in court against Lloyds this morning and the settlements came by fax, direct to the court about 10 minutes before the hearing was about to start. Talk about cutting it fine....

Enjoy spending your cash - you clearly earnt it.

[TUTTSI]

CONGRATULATIONS & WELL DONE

DS

[reka]

Tee hee

 

I will start with a massive thankyou to all, isn't life brilliant, but enough of that i guess you all want the grit!

 

I turned up at court only to find that the Judge that was supposed to be conducting the hearing was on another case so the hearing was to be heard by another Judge. I was supposed to be the first in at 10:30, i wasn't called till close to 11:30. I think my nails shrank by about 3 inches in that time.

 

Upon entering the room the Judge introduced himself and told me that he was very suprised that the other party had not turned up. I replied "I feel awfully lonely now" to which i got a little chuckle from the Judge (a good sign i thought) He proceded to say that he was even more suprised that the other party had not filed the papers as the directions of the previous judge had ordered.

 

I informed the Judge that it normal for the Abbey not to defend the case as they normally wait untill the 11th hour then offer a settlement. I also then passed him a copy of the email i sent to the Abbey reminding them they had not submitted the papers and that i would ask for the defence to be struck out.

 

He went on to say that inlight of the above and the concise Statement of evidence, ...then ran through all that was in the bundle...and thanked me for assisting by providing all the case law etc......that the only judgement he could pass was to aprove my claim.

 

Yhen he said now we can look at costs...i butted in...."That was something i wanted to discuss, i feel that the abbey has acted unreasonably in this case and would like to claims costs on the grounds of unreasonable behaviour"

 

He said before you continue, I am not one to award costs for that reason, you will have to demonstrate very strong arguments as to why you think they have acted unreasonably. the Abbey could have a very good reason for not filling papers or attending that we are unaware of "

 

i went on to state that i feel they have acted unreasonably as i am litigation in person, where as they have the full might of the Abbey National and their legal department behind them. This is normal for the Abbey national not to attend and that i believe that they had no intention of ever defending this claim. They were merely trying to draw the case out and maximise the costs i would incurr. I have a letter here if i may that i wanted to submit releting to costs and the grounds for unreasonable behaviour"

 

Unreasonable costs were granted:D , he asked what costs i had incurred, so i passed him a breakdown...to which i got the reply...OH, you are going for litigation in person costs...i also can see no reason to grant them on this one occasion. So we have to work out the claim and the interest...."

 

I said, "I have included a shedule of charges in my bundle on page 28 that is correct to the interest that is due if settled on the 7th of june"

 

He liked that bit

 

so i got everything and £275 in wasted costs awarded..... woooo hooooo!!!!

tee hee

[reka]

oooh there was a curious comment made by the Judge right at the end, after i appologised for this reaching court saying it should never have got this far. he said that i had nothing to appologise for...... but then asked if i minded if he kept hold of the court bundle to put on file as he thinks it will be extremely usefull! don't they keep it anyway?

[Lula]

oooooooooooo Reka, you are da MAN!!!!!!!!

 

you see, these are the cases that ought to be publicised, and not the very odd few that by some fluke, go the other way.

 

Well done

[reka]

oooooooooooo Reka, you are da MAN!!!!!!!!

 

you see, these are the cases that ought to be publicised, and not the very odd few that by some fluke, go the other way.

 

Well done

 

 

Well Lula...... watch this space......

[Lula]

good for you!!!

[GaryH]

Brilliant! Well done, and thanks for giving us such a detailed account of events.

[Lula]

FWIW, i think that he held onto the court bundle because it is very well prepared and it gives all case law to be considered, what we need to remember is that DJ's dont have to use all this case law very often, so they need to be boned up on it, bless em

[kev2b3]

CONGRATULATIONS Reka.

just wondering if there were many others there waiting to see the judges over bank charges.