New strategy v Abbey - CPR Part 18 Requests

[katiec]

Hi Gary H

 

Have been reading this thead with interest and very impressed with your great knowledge, help and advice you have so generously offered to others!

 

I just wanted to ask your opinion as to whether I can/should now request a CPR p18 request from Abbey.

 

N1 filed and Abbey sent their last minute defence along with a 65% goodwill gesture which I respectfully declined. I received notice from the Court of a Hearing date for 23rd October 2007 but havent received any further instructions from the Court ie AQ or which track it is to be allocated to.

 

I wrote to Abbey on 28th June asking them to confirm the inception date when the account was first opened and requested a copy of their T&C for this period and received today a reply from them stating the date that the account was opened and that they no longer hold the account terms and conditions on file for this period.

 

Surely their standard defence that I have received is based on these original terms and conditions which they now say they do not have and can't provide???

 

Anyhow, so is it worth me now sending Abbey a CPR part 18 request and then when no response after 14 days requesting for the Court Order to enforce this?

 

Any advice or words of your great wisdom much appreciated.

 

 

Katie x

[GaryH]

Hi Katie,

 

Yes, as long as your not already allocated to the small claims track then you can issue a part 18. What is the hearing for? Is it a final hearing or an allocation/prelim/directions hearing? If it is the final hearing it should state the track on the order.

 

Whats the value of your claim, not including interest?

[katiec]

Hi Gary,

 

Thanks so much for your reply - the claim amount is £3466 + £665.99 s69 interest + court fees

 

All I received from Peterborough County Court dated 16th July 2007 was a one page headed 'Notice of Hearing' with date 23rd October 2007 and saying that I should attend and 10 minutes has been allowed for the Hearing. So not sure really if it is a Final Hearing or Prelim/Allocation/directions hearing?!

 

 

I will work on the CPR part 18 request this weekend and get it sent off to Abbey on Monday morning!

[GaryH]

Ok,

 

Well even if the claim is already allocated to the small claims track then you have nothing to lose by making the request - especially as you've got plenty of time to kill before the hearing anyway!

 

Might be worth ringing the court as well, just to clarify whether or not its the final hearing or a prelim.

[TUTTSI]

Gary, I wonder if I can still apply for CRP18 even though my Abbey claim has been allocated to the small claims track, the value of the claim is almost £7K.

Thanx

DS

[Leecabs]

Hi Gary H,

 

well Shabbey have not honoured their original offer and I can make my CPR 18 a order on Monday so looks like im back in the game.

 

Gonna fill out the N244 form and march down to the court on Monday to issue it, im fuming with them now.

 

Will keep you informed as ever.

 

Thanks

 

Leecabs:)

[GaryH]

Yep, certainly do that in the meantime, but....

 

Did they make a solid offer for a specific amount which you accepted? If so, whether in writing or verbal thats a contract, a contract which you are entitled to sue seperately for breach of. Theres more than one way to skin a cat!;-)

 

Have you still got their offer letter? Or was it verbal?

[GaryH]

Gary, I wonder if I can still apply for CRP18 even though my Abbey claim has been allocated to the small claims track, the value of the claim is almost £7K.

Thanx

DS

Hi DS

 

Well you won't be able to go to the court to get it ordered, but its certainly worth sending the preliminary request in any case. They clearly won't respond, which just highlights their secrecy and will enhance your contentions that their systems are automated and costs are miniscule.

[TUTTSI]

Hi DS

 

Well you won't be able to go to the court to get it ordered, but its certainly worth sending the preliminary request in any case. They clearly won't respond, which just highlights their secrecy and will enhance your contentions that their systems are automated and costs are miniscule.

 

Carry on as normal untill the court tells you otherwise. Theres a reply to the response you received earlier in this thread -

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/97124-new-strategy-abbey-cpr-3.html#post998298

 

Gary, I have already got my court date and it is allocated to small claims track. I did request that the court uses my directions which asked for full disclosure but they just ignored it and sent very very standard directions which you are already aware of. So you see I am past the prelim request as they never answered when I wrote originally. I only wondered if I could do a CPR request, but from what you are saying I can not if I have understood you correctly.

 

Thanks

DS

[GaryH]

I meant the preliminary request under CPR 18 - as per post #1 of this thread. So yes, you can send it.

 

Or do you mean that you've already sent that with no response?

[Leecabs]

Hi Gary H,

 

Abbey made a without predijuce offer for £5500, but I did reject originally so they said this offer does not stand any longer.

 

Oh well just have to go for the lot LOL:lol:

[Leecabs]

Ok going to send this as my chaser on the CPR-18

 

Abbey National PLC

Abbey National House

2 Triton Square

Regents Place

London

NW1 3AN

08/08/07

 

REQUEST FOR INFORMATION AND CLARIFICATION UNDER CPR PART 18

 

CLAIM NO: ******* ACC NO: *******

Dear Abbey National PLC

Please be aware that I issued you with a CPR Part 18 request on the 27th July and despite a request that a response was forthcoming within 2 weeks, to date no documentation has been received with regard to this matter.

 

I would be grateful if you could inform me whether you intend to comply with this request. As you have had more than ample time to respond to my request, should I not hear from you by the 13th August 2007 I will seek a court order under p18.

Yours Sincerely

[bbanful]

I was at Wilesden county court against Abbey on 31st July but they did not show up. The judge has given them up 4pm on 23th August 2007 to respond or they will award in my favour. However I have today receive a letter informing me that they are asking the court to stay ours and other cases until the outcome of their test case with the OFT.

[Leecabs]

Ok now im confused as to how to proceed the court sent me a letter saying I shall be allocated to the small claims track! So I was going to issue the CPR 18 Request on Monday should I not do that now???

 

Also my court date is now October 17th, which I think is not bad considering I have heard people having dates at the end of November! However Abbey have sent a letter saying they are going to apply for a Stay till then test case finished blah blah blah z z z z Z Z Z Z Change the record.

[Leecabs]

Ok well I have submitted the N244 form and the court took it now its up to the judge to issue the notice, but have the feeling Abbey will ask for a stay as soon as this notifiction hits them anyway

[Leecabs]

Hi Gary H,

 

just a quick question should the judge issue my CPR 18 order on Abbey say to day and then tomorrow Abbey issued a order to stay. Would Abbey still have to answer my order within the 14 days???

 

Its been going round my head a bit:confused:

[GaryH]

The claim proceeds exactly as normal until a stay is ordered by the judge. If/when that does happen, then all action on the claim is suspended. Even if they do apply for a stay it doesn't mean they'll get it and even if they do then they'll still have to comply with any other orders etc up until the stay is actually ordered.

[Leecabs]

Cool well lets hope the judge issues my order before Abbeys order to stay!

 

Thanks Gary

[Night Owl]

Hi all,

can a CPR part 18 be sent to other banks?

I have a claim going through with Lloyds and have requested (sent 2 letters! with no replies!) T&Cs from my local branch without success.

The wording is different on my defense and doesn't mention "administrative expenses" in paragraph 9.

Can I just miss out paragraphs 3 & 4 of the letter at the begining of this thread?

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/96247-night-owl-lloyds.html

Also waiting to send N1 to court for Abbey claim end of the month!

http://www.consumeractiongroup.co.uk/forum/abbey-bank/104320-night-owl-abbey.html

Thank you

Night Owl

[Leecabs]

Not sure one for you Gary H!

[GaryH]

Hi all,

can a CPR part 18 be sent to other banks?

I have a claim going through with Lloyds and have requested (sent 2 letters! with no replies!) T&Cs from my local branch without success.

The wording is different on my defense and doesn't mention "administrative expenses" in paragraph 9.

Can I just miss out paragraphs 3 & 4 of the letter at the begining of this thread?

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/96247-night-owl-lloyds.html

Also waiting to send N1 to court for Abbey claim end of the month!

http://www.consumeractiongroup.co.uk/forum/abbey-bank/104320-night-owl-abbey.html

Thank you

Night Owl

Yep, as long as its relevant information that your requesting and as long as the claim is not yet allocated to the small claims track.

[Night Owl]

Thanks GaryH,

got 2 more weeks before end of stay then it goes back to court for allocation so thought I would try a new tactic for information. They will be glad to see the back of me!!!!!

Thanks

Night Owl

[Leecabs]

Hi All,

 

just thought I would keep you updated, I have phoned the court to ask whether the order has been processed? They have told me it takes five working days to issue order so everything crossed it will be issued tomorrow. Think I may say a little prayer tonight that the judge does!

 

Will let you know the latest tomorrow

 

Leecabs:)

[Leecabs]

Hello All,

 

ok dont want to get carried away as I know I will only be disappointed, but it looks like the judge is going to issue my CPR 18 N244 request!:o

 

I have checked my bank online and found the cheque for £35 has cleared today!

 

I feel giddy with excitement actually a little bit sick, dare I dream that I could have won my case in 2 weeks???

 

Im going to call the court on Monday to give them time to do the necessary paper work and find out whats happening.

 

Even if they send a N244 requesting a stay the judges order should stand meaning they must submit the requested information with the 14 day time limit!

 

So watch this space, fingers, legs, toes etc crossed!

 

Cheers

 

Leecabs

[Night Owl]

Well done Leecabs,

I sent my CPR Part 18 yesturday and will be watching the Royal mail for delivery as 2 things so far have not been confirmed as delivered.

Everything crossed!!!

Hope its not to long or it will all go blue and drop off!!!!

Night Owl