New strategy v Abbey - CPR Part 18 Requests

[noobrider]

My claim is currently sat at £9000 lol, will have to wait until pay day to get that order through though

[GaryH]

Just a thought here as not had chance to check noobriders thread, what if claim is small claims, do they have to comply with his request. they may be ignoring it for that reason.

CM

Its a likely fast track, but even so its before allocation anyway.

Hi Noobrider,

 

Just rang the court and it costs £65 to request the order.

 

FFx

Its actually £35 - most applications are £65, but this type of order can be made with without a hearing. The PD to part 18 specifically allows this.

[alonso]

CPR Part 18

 

 

I've just received Shabbey's defence and they are giving me the chance to accept 65% of my full claim. I'm going to ignore and continue through the courts for the full amount. I've accepted as part payment £600, my full claim was for £1,711.00

 

I received the defence documents on saturday, should I send the CPR Part 18 request asap

 

How long does it take for the AQ to come out after the defence paper

[FoxyFiona]

Its a likely fast track, but even so its before allocation anyway.

 

Its actually £35 - most applications are £65, but this type of order can be made with without a hearing. The PD to part 18 specifically allows this.

 

 

Even better

[alonso]

Can anyone help me with the CPR Part 18 question above? Don't know what to do at this stage

[petcat]

CPR Part 18

 

 

I've just received Shabbey's defence and they are giving me the chance to accept 65% of my full claim. I'm going to ignore and continue through the courts for the full amount. I've accepted as part payment £600, my full claim was for £1,711.00

 

I received the defence documents on saturday, should I send the CPR Part 18 request asap

 

How long does it take for the AQ to come out after the defence paper

hi alonso,i received my AQ today in the same envelope as the copy of abbeys defence from the court not sure if thats unusual though.

[vickyb]

Gary, can you please clarify what my next course of action should be. Most of my claims are above £2000 threshold of small claims court in NI, should I go to solicitor , or is there an alternative method?

Thanks

[FoxyFiona]

Hi Gary,

 

Filling out the N244 and fallen at the first hurdle. In part A (3) applying for the order because......

 

should it be along the lines of " to establish the acutal cost of breach of contract in order to amend claim for unlawful bank charges"

 

 

or am I getting that wrong........sorry for being dim:o

[alonso]

hi alonso,i received my AQ today in the same envelope as the copy of abbeys defence from the court not sure if thats unusual though.

 

Thanks for reply

 

Well I've taken the risk and requested info using the CPR Part 18 Template at start of this thread. Still haven't received AQ I'm sure it's on it's way

[FoxyFiona]

In part C I am going to put the following:

 

1. This request is made to clarify Section 8 in the defendants defence in order that the case may be settled amicably.

 

2. I have made a preliminary request to the Defendant on the 5 June 2007 giving 2 weeks to reply and also sent a reminder letter on the 19 June 2007 allowing a further week to reply.

 

3. The Defendant has failed to either reply to the request or acknowledge request.

 

4. Therefore I am applying for the request as attached to be made into an order in accordance with CPR PD18 5 and request that the application is dealt with without a hearing.

 

Gary, Section 8 of the defence reads:

 

The claimants contention that the said fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportionate to the Defandants administrative expenses incurred due to the claimants breach of contract and are a genuine pre-estimate of the damage suffered by the Defendant.

 

To be honest I dont know if I have said enough or too much in Part C. Any advice / guidance would be much appricated.

 

FFx

[GaryH]

Application Notice, N244 -

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf

Top left hand box:

 

1. Tick c), without a hearing

 

Ignore 2, 3 and 4

 

5. District or Deputy District

 

6. Defendant

 

Top right hand box:

 

The claim details, todays date.

 

Part A:

 

I ***** (the claimant)

 

(that....) obliges the Defendant to comply with the Claimants request for further information and clarification under CPR Part 18.

 

(because....) the claimant issued a preliminary request to the Defendant, pursuant to PD 18, on [date]. The Defendant has failed to respond.

 

Part B:

 

tick 'evidance in part C' box

 

Part C:

 

1. A preliminary request for further information and clarification under CPR Part 18 ("the request") was sent to the Defendant on [date]. A copy of the request is attached.

 

2. The information requested in the request is necessary for the Claimant to prepare its case and understand the case it has to meet, and concerns matters directly referred to in the Defence, specifically paragraph 9. The Claimant seeks information as to the nature of the "Administrative expenses" referred to by the Defendant in its defence, for instance whether such expenses are incurred manually, or by virtue of an automated system, or otherwise. Such information is essential in enabling the Claimant to accurately assess the cost's to the Defendant of the contractual breaches from which its default charges arise. The claimant asserts that if the defendant cannot/will not respond to such a request, it stands no realistic prospect of success at final hearing or trial.

 

3. The Claimant allowed the Defendant a period of 14 days to respond to the request. The Defendant failed to respond.

 

4. The Claimant sent a reminder letter which allowed the Defendant a further 7 days to respond to the request. A copy of the letter is attached to this application. The Defendant again failed to respond.

 

5. The Claimant therefore applies for an order under part 18 which obliges the Defendant to comply with the request.

 

6. In view of the preceding paragraphs and pursuant to PD 18 paragraph 5.5, the Claimant respectfully requests that this application is dealt with without a hearing.

 

Attached;

 

- The request

- Letter to Defendant

Use a seperate sheet for part c) if you need to.

[GaryH]

Crossed posts:)

[FoxyFiona]

Thanks Gary - I knew you would put it better than me

 

Will be going off to the court with it tomorrow.

 

Thanks again FFx - out of my depth but plodding on with the help of a snorkel (and Gary)

[GaryH]

Your doing fantastically well, actually. In fact, I predict a settlement in the very near future on this one!

[FoxyFiona]

Well then done it. N244 Form now in at the court. Paid my £35, she did say that the judge mighgt decide on a hearing but they would let me know and they would write to me for the other £30 should that happen.

 

Otherwise should hear something in about a week.......will keep everyone posted, fingers crossed it forces the Abbeys hand.

 

FFx

[FoxyFiona]

Your doing fantastically well, actually. In fact, I predict a settlement in the very near future on this one!

 

Ah thanks Gary, Hope you're right!!

[alonso]

AQ Stage

 

I received a copy of Abbey's defence and a letter offering me 65% , I've refused and sent a letter asking for further info under the CPR Part 18, but 2 days later I've now received Abbey's defence and AQ from the local court. Do I just send the AQ before the 14th July (deadline) what do I do with the CPR part 18 request(don't expect a response). Also can I send a letter back with the AQ to the court asking the judge to resolve matter without a hearing as Abbey are just playing mind games and they won't attend court?anyone please advise.....getting to the serious bit now,

[PI Guy]

i'm where you are as well but the AQ was dispensed with. Not sure what to do either

[cosworthcarter]

I have heard nothing back from abbey about the section 18, but in todays post i've received an offer from them which i am going to accept.

 

My claim is for £4800- (claim has interest to march 2007) they've paid me £440- (GOGW) I told them i'd accept £4500 as full & final settlement , today they've offered £4100.00

 

I am going to accept as it is only a couple of hundred less than my claim.

 

I would like to thank everyone here for all the information i've found whilst looking through this website, it really is very helpful

 

:) :)

[tap]

hope I am on the right forum here but have requested a refund from abbey credit card but note that tyhe bank involved is MBNA/CO-OP BANK were should I be directing my request for a refund to

[Celicaman]

hope I am on the right forum here but have requested a refund from abbey credit card but note that tyhe bank involved is MBNA/CO-OP BANK were should I be directing my request for a refund to

 

Send to the address on the statements, or if there is a customer services dept send there.

Try this forum, dont forget to start your own thread so peeps can follow your progress and you put your story on there

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/

 

 

Celicaman

[FoxyFiona]

OMG!!! UPDATE ON CPR Pt18 ORDER!!!!

 

Just had a call from my hubby, order in the post from the judge today, I will post the exact words tomorrow but the long and short of it is this........

 

The judge has granted the request and made it an order,and the abbey have until 4pm on the 23 JULY to disclose the information or the DEFENCE WILL BE STRUCK OUT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Gary I am at this very moment so happy I could BURST!! Best £35 quid I have ever spent!!

[adamc6671]

Hi Fiona

 

Many congrats - this is EXACTLY what we all need, and we all need it to become universal!!!.

 

Trouble is, with our antiquated Legal system there is virtually no chance of all Courts following suit. Every Court seems to have total freedom to go bumbling on in its own direction, thereby stringing the whole bank charges saga on, seemingly forever!

 

If only they would all follow suit on this one we would all VERY soon know exactly where we stand, and exactly what refunds we are entitled to. At the same time the workload on the Courts nationwide would be dramatically reduced!

 

Once again, huge congrats on what you have achieved Fiona. and lets all hope many other Courts do actually follow suit.

 

All the very best - Adam

[GaryH]

OMG!!! UPDATE ON CPR Pt18 ORDER!!!!

 

Just had a call from my hubby, order in the post from the judge today, I will post the exact words tomorrow but the long and short of it is this........

 

The judge has granted the request and made it an order,and the abbey have until 4pm on the 23 JULY to disclose the information or the DEFENCE WILL BE STRUCK OUT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Gary I am at this very moment so happy I could BURST!! Best £35 quid I have ever spent!!

Excellent!! Very, VERY good news! Well done.

 

Abbey are in a vulnerable position now IMO. They have also just lost a claim in Birmingham a week or so ago. I think we can now start really attacking them. Part 18's are one option, I've got a couple of other idea's as well which I'll put up in the next week or so.

[FoxyFiona]

Right Exact words were:

 

Before Deputy District Judge XXX sitting at Darlington County Court, addressxxxxxxxxxx.

 

Upon considering the claimant's appliction

 

IT IS ORDERED THAT

 

1. Unless the defendant shall respond to the request for further information under CPR part 18 by 4.00pm on 23 July 2007, the defence will be stuck out.

 

Dated 09 July 2007.

 

Short and sweet but music to my ears, I dont think I will ever get sick of reading it