New strategy v Abbey - CPR Part 18 Requests

[katiec]

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.

 

 

Hi Gary,

 

I sent the CPR p18 request to Abbey on 6/8 giving them until 20/8 to respond but surprise, surprise nothing as yet. Would you recommend I now write/email or both giving them longer to comply or should I now just send the N244 order request to the court?

 

Many thanks in advance

 

Katie

[GaryH]

Just send it now. Theres no guarentee you'll get the order, being in the small claims track, but its got to be worth a try.

[katiec]

Just send it now. Theres no guarentee you'll get the order, being in the small claims track, but its got to be worth a try.

 

 

Thanks for your reply Gary, I will be sending off requesting the Order to the court today. As you say, its definately worth a try!

 

I have since had replies from both Clare Fletcher and Inga Kirkman in response to a previous reminder email about the CPR p18 request

 

"Without prejudice"

 

Dear Madam,

 

Abbey does not propose to respond. As you are no doubt aware, Abbey National Plc is now a party to a test case that has commenced in the High Court. Abbey is currently making applications to all County Courts seeking to stay claims pending the outcome of the determination of the test case.

 

Kind regards,

 

Inga Kirkman

Senior Associate

Solicitor, NSW

Dear Mrs C

 

The value of your claim does not entitle you to make a Part 18 request for information. I refer you to the Civil Procedure Rules in this regard.

 

Kind regards

 

Clare Fletcher

 

 

So according to Inga the test case has commenced in the High Court?!

[pinkbabez]

yeah i think she will meen when it all started in the high court on 26/7/07 not that it is actually proceeding now

[Leecabs]

Hmmmm rung my court to see whether the order has been issued they said it can take up to ten days to come back from the judge:eek:

 

Do they have a right to cash the £35 cheque in advance or should they only do that if the judge issues the order?

 

Im gonna wait until Friday and if I have not heard from them I will call them again. Not feeling very hopefull at the moment

[Night Owl]

Why do we all have such problems with the banks and the courts sticking to what we are given to believe is the standard time limits.

The courts give the banks a few more days here and there just incase!!!

And now you (leecabs) have to wait for the courts to order the CPR Part 18 order. I know we have put an incredible amount of work on the banks and courts services but time limits are just that and we on CAG have stuck to our time limits as advised by the book.

Sorry, feeling stressed at the thought of a stay until next year and no money. Does it show?

Night Owl

[Leecabs]

Hmmm it is highly annoying im just gonna be patient and wait till friday may be they will send me a letter before then! (He said in a sarcastically hopeful tone) LOL

[BANKAVENGER]

Hi Everyone,

 

Can anyone tell me who to send my CPR18 to and the email address.

 

 

think i need to send it to someone called inga.

 

Thanks

Claire

[Leecabs]

Well bugger it the court have stayed my claim and the CPR-18 is out of the window as a result, well depressed now!

[katiec]

Hi Gary,

 

Advice or your thoughts on this again would be appreciated and sorry to be a nuisance.

 

I sent in my N244 CPR part 18 request on 21st August to the Court and heard nothing back from them until I phoned a few days ago to be told by the Clerk that the application had been refused by the Judge and that ALL cases at Peterborough County Court are now Stayed and I would receive notice of this shortly. Gutted, but then....

 

this mornings postie brought me a General Form of Judgement which reads....

Before District Judge Blomfield setting at Peterborough County Court.

Upon reading an application made by the Claimant

It is Ordered that

The application is listed for hearing on 23rd October 2007 with all parties attending.

 

This is exactly the same date and time that I originally had for a Directions Hearing. A compliment slip from the Clerk was enclosed advising me that the Judge had again looked at my application and had decided to relist the Hearing.

 

Any thoughts on why the Judge might relist especially as I only paid the £35 N244 application fee and requested the application be dealt with without a Hearing? Why would the Judge just not then make the Order for Abbey to comply with the CPR part 18 request.

 

Think I'm just getting my hopes up and the case will probably again be Stayed when I attend the Hearing on the 23rd in which case I will be very annoyed that I have wasted my time

[GaryH]

Excellent news! This could be a very good opportunity - I'll help you prepare for the hearing if you like.

 

How much is the value of the claim again?

[determindator]

When I speak to the Court again tomorrow, I will remind them my CPR part 18 was not responded too by Abbey and see what they have to say. It may have a bearing on lifting the stay.

[katiec]

Hi Gary,

 

That would be fantastic - you're a diamond!

 

Claim amount is £3466 + Int £665.99 + Court Fee £120 = £4251.99

 

As it will be half-term week and with 5 young children hubby will need to take a day off work to look after the kids whilst I attend the Hearing on my own so any help with preperation etc would be very much appreciated. I can sense some sleepless nights coming....lol

 

Many thanks,

Katie

[Lula]

ooo Katie, good luck with that one, just think of the christmas to come if you manage to get it all back before then

[determindator]

Hi Katie,

 

Wishing you all the very best with that, the force is with you.

 

Determind

[katiec]

Hi Gary,

 

Just a quick question in regards to my imminent Hearing on 23/10 re CPR request - should I have or should I now send Abbey a copy of the N244 and CPR part 18 order request that I originally just sent to the Court?

 

Cheers,

Katie

[GaryH]

No, not necessarily.

 

I'll help you with this over the weekend - pm me on Saturday morning if you like in case I forget!

[determindator]

Hi Guys,

 

We are in the process of organising a mett the thread is Xmas meet in London 24th November

 

hope to hear from you

 

 

D