Camdenite Vs. Abbey

[Lula]

0ooo yes, pm him, can I see too (mainly cos i am nosey) I will tell Paul that you are pm'ming

[pt2537]

Hi,

 

Yeah feel free to PM me mate, not a problem

 

as soon as i get it i will have a read and reply accordingly

 

Regards

paul

[pt2537]

Hi Camdenite,

 

i have not received a PM as yet, i have refrained from posting any reply til i recieve it because i wasnt sure if it would have any bearing on my reply if you get what i mean

 

regards

 

paul

[pt2537]

Right then

 

Firstly, my appologies for the time taken to reply, i have had a nightmare with my pc which has left me with a major headache. anyway, i blame Lula for that:lol:

 

now then moving swiftly on to the main issue

 

i have sought advice from someone who has a excellent knowledge of contract law, i explained the situation and was advised as follows

 

firstly , i was advised that the fact that the agreement does not specify the amount of the claim,by splitting it into two it wouldn't amount to a breach of contract, also if you look at the companies website it sets out that they will act as lay representatives and deal with the claim in the small claims track. now obviously the SCT has a max limit of 5K so they would have had to split the claim

 

Now, by failing to communicate with you and failing to file the allocation questionnaires correctly, this would constitute a breach of section 13 of the Supply of Goods and Services Act 1982. i am advised that this breach would be a breach of warranty as opposed to a Breach of condition and there fore would entitle you to claim damages but would not allow for you to end the contract

 

now this would mean at the point where you ended the contract, you yourself were in breach of the contract.

 

however that said, its not all doom and gloom,

 

Where a party seeks to terminate a contract before the contract has been discharged the other party has a choice they can either accept the breach and claim damages there and then or they can choose to continue with the contract and claim the agreed contract price at the end

 

now since you have ended the contract at XX point in time, my understanding is that they would be entitled to their costs up to that point but not any further so they certainly wouldn't be entitled to the full costs under the contract as they haven't fulfilled it

 

i would send them a letter pointing out that you ended the contract when you did for the reasons set out and see what they say

 

if they claim they have fulfilled the contract then hit them with a SAR asking for the file and details on all the actions they have taken in respect of your claim and see exactly what they have done

 

It may well be that the limited amount of work they did would amount to a breach of condition in relation to the duty to exercise reasonable care and skill under the SoGaSA 1982.

 

 

i hope this helps

 

if you have any questions please ask mate,

 

im sorry if it wasnt the answer exactley you were looking for but i do feel based upon what ive been told, you have a strong bargaining hand here

 

 

Regards

paul

[Camdenite]

Thanks Paul (& Lula), I'll have a proper read tonight and get something off to them in the post.

[Camdenite]

Quick question, Just drafting the letter and wondered if I should make reference to the % of the GOGW they received in December '06 being more than adequate to cover their Court Cost submission fee (£120) or is this not relevant?

[Lula]

It is relevent Paul says,

if hes paid them funds he should refer to those funds already paid, as they would be taken into account

[Camdenite]

Thanks Lula. I'll mention in my letter. Got to to get back to work now, but will finish off this evening.

[Camdenite]

Hi Lula & pt2537, I've had a response from BC. Can I PM it to you?

[Lula]

blummin well better

[pt2537]

Hey Paul,

 

by all means mate , feel free to pm me, im sat at the pc for the next hour or so

[Camdenite]

I have a general question about how the Courts operate. My case is currently stayed, but just prior to the stay I filed a Notice of Service to amend the claim amount. Although the Court has acknowledged over the phone that they have the amended claim, they have not, despite repeated requests, been able to confirm that to me in writing.

 

They did once say they would send a letter, but the lady in question is no longer working there and everyone I have spoken to since has not been able to help. Am I right to want something in writing confirming the change as in a years time (after victory in the House of Lords ) I guess things will be a little hectic at the Courts and I have had enough of them "losing" Application Notices in the past. Twice, in fact!

 

Needless to say, although a copy of the Notice of Service was also issued by me to Abbey they have not acknowledged either, but I guess they don't have to.

 

Any suggestions gratefully received.

[Camdenite]

bump

[Camdenite]

Just thought I'd drop in and have a look about. Some of you will remember this thread hopefully? Anyway, I've had a letter in the post from Abbey this morning offering me an overdraft of £2,000!

 

After all these years of financial mis-management on my part, and the fact that their regular cash-cow of charges from me over that period has dried up completely over the last 18 months, they now think I'm stupid enough to go down that path again.

 

I'm composing a suitably sarcastic response, but any input welcome

 

Re> the above post, I did finally get the letter from the court acknowledging the amendment, and so at least I know the updated N1 is the one gathering dust

[Lula]

hello trouble, how is it going re the other matter?

[Camdenite]

hello trouble, how is it going re the other matter?

 

Hello, How are you? re> the other issue, never a peep out of them since and certainly no DCA banging on the door. Many thanks for your help on that.

[Lula]

Hahahaha just what I like to hear, they hadn't a leg to stand on especially after the DPA stuff, excellent !!!!

[Camdenite]

Hi all,

 

I thought I'd better reactivate this thread.

 

The two months from the SCJ verdict is nearly up and although I haven't heard anything from Abbey or the court yet, I'm expecting a strikeout application to be submitted shortly.

 

I notice that the Penalty Charges site has now put up a "Defence Against Strikeout Applications" requesting a further month to amend the POC. Is there something similar on here? I couldn't find it.

 

I'd be happy to use the other site's defence but would rather use one from CAG if available. I used CAG's templates all along, and want to be 100% certain it's appropriate to my case.

 

By the way, penaltychargesforum seems to think the new POC will be up in the next couple of days.

[Camdenite]

Finally called the court today to be told that I need to write in to the judge requesting a hearing if I don't want my case to be thrown out.

 

What do I do now?

[Camdenite]

bump