Janeyh -v- Abbey - I'VE WON !!

[Janeyh]

Just looked on Moneyclaim and apparently:

 

You are unable to take any further action online on this claim. The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

 

I can hear the pay-out going up daily

 

 

 

[Janeyh]

Hi Karny,

 

No, not yet unless it's waiting for me when I get home from work.

 

I'm not sure when Abbey actually filed their defence, I haven't checked Moneyclaim for about a week. On the Moneyclaim site it has a date of 16.6.06 but that is when I filed my claim.

[Janeyh]

Well, postie has been - got a Notice of Transfer of Proceedings to my local court and an Allocation Questionnaire. No settlement offer though:D .

 

I've got until 5th August to return the AQ.

 

Just two or three things I've read on their defence that I would appreciate anyones thoughts on. Item no. 2 says "it is admitted that the claimant has a current bank account with the defendant, number ......" However, I have two accounts with Abbey, a current a/c and an Instant Saver, which are both included in my claim and have always been mentioned in any correspondance, and together give the total sum of my claim. Do I need to point out this error to the court?

 

Item no. 3 refers to the applicable terms and conditions which I agreed to when I opened my account blah, blah but bullet points under item no. 3 only make reference to overdraft interest rates, unauthorised overdrafts etc., no reference to unpaid DD's, cleared transactions etc. In fact, most of the other points only mention overdraft limits. Is this relevant?

 

Thirdly, when making references to "the Claimant", they would appear to think that I am male!.

[Janeyh]

Got a letter from DLA yesterday with a copy of Abbeys defence. It would appear that I had made an error in the amount of charges because it included some charges that, at the time I made the actual claim, they had exceeded the 6-year limit. They were valid when I first began to investigate my claim but because of the delay in receiving missing statements from Abbey (2 months) they were out of date.

 

I accept this situation and intend to notify DLA that I agree with their statement. Anyway, they have re-calculated the figures and offered me the standard 50% in full and final settlement:rolleyes:

 

Currently drafting a letter to them saying I agree about the errors and thanks but no thanks to 50%.

[Janeyh]

Hello Karny,

 

I agree, still drafting my letter and I've put a few words to that effect. I had put that I will be submitting my AQ by the 5th but I think, as you suggest, I will change that to the 1st.

 

Also, I'm just taking the opportunity to fill in my AQ so that, if need be, I'm good to go:D and wondered what anyone's thoughts were as to the bit I have put in "other information" - "to help the judge to manage or clarify my claim". I've read a few other threads re. the AQ and have plagiarised some other peoples own words. I hope no-one minds

 

"I have previously furnished the Defendants' solicitors with a breakdown of the charges referred to in my claim, along with a copy to the court, showing in itemised detail the particulars of my claim. I will of course produce further copies of this particularisation to the Court at the hearing.

At the hearing, I would expect the Defendant to disclose exact details of how they calculate the charges they imposed on my accounts and to prove that these charges were not disproportionate to any loss they actually incurred. The Defendant has a fiduciary duty to disclose the basis of these costs to me as I doubt that they are dealing in good faith as required by our fiduciary relationship.

Also, I feel that there should be an order for this disclosure as, in previous cases, the Defendant has commonly asked for set-aside only to settle before actually going to Court and, as such, is merely using the justice system as a means of intimidating its customers."

Also, do you think it's OK to type this and print it into the space, or should I hand-write it?

Thanks

[Janeyh]

Bump - anyone ?

 

Thanks guys

[Janeyh]

Thanks Karney - not too concerned at the mo. 'cos I've got a couple of weeks yet 'til I have to send it it - maybe someone will have a definite answer, otherwise, I'll leave it blank like you said.

 

Thanks for your help sweetie.

 

Janey

[Michael Browne]

"I have previously furnished the Defendants' solicitors with a breakdown of the charges referred to in my claim, along with a copy to the court, showing in itemised detail the particulars of my claim. I will of course produce further copies of this particularisation to the Court at the hearing.

 

At the hearing, I would expect the Defendant to disclose exact details of how they calculate the charges they imposed on my accounts and to prove that these charges were not disproportionate to any loss they actually incurred. The Defendant has a fiduciary duty to disclose the basis of these costs to me as I doubt that they are dealing in good faith as required by our fiduciary relationship.

 

Therefore I respectfully ask the court that an order be made for this disclosure as, in previous cases, the Defendant has commonly asked for set-aside only to settle before actually going to Court and, as such, is merely using the justice system as a means of intimidating its customers."

 

 

Just a suggestion.

[Janeyh]

Just a suggestion.

 

And a good one, thanks Michael, I'll change it.

[Janeyh]

Well, unless I have find something came in the post today when I get home, I'm handing in my AQ to the court tomorrow. I've sent DLA an e-mail advising them of this but don't know if they got it - I didn't get a "read" receipt this time. Not that it matters anyway.

[Janeyh]

Just had a thought - the last date for filing the AQ is 5th August which is Saturday. I'm hand-delivering mine today but as I expect Abbey will leave it till the last minute, can they file on a Saturday?

[Janeyh]

Got back from holiday on Saturday and after forcing the front door to get past the HUGE mountain of mail (mostly junk) found a letter from the Court, a General Form of Judgment or Order:

 

"It is ordered that the case be listed for an Allocation Hearing before the District Judge on Friday 15th September....... to consider the question of expert evidence (? ?)"

 

Oh well, I thought, here goes. Then further down the pile of post was a letter from DLA:

 

"Dear Sir ( ),

 

Abbey National has decided in this instance to settle your claim in full ......" Yaaay !!

 

Many thanks to everyone on here who has helped me, especially Karnevil. I hope I can be as much help to everyone else who is still going through the process.

 

Janey

[simonthebrewer]

Well done Janeyh (Ms.)! I've just had comfirmation from dla that my trainee solicitor has filed my AQ so my settlement should be iminent - fingers crossed!

 

Congratulations again.

[stuartedmonds]

Congrats

 

Looking back through your thread it is interesting to see that you were at the stage i am now at and feeling frustrated. Seeing your result makes me think it is worth it.

 

Stuart Edmonds

[philread1]

Well Done Janey!!!!

 

Phil:D

[Jane Austen]

CONGRATULATIONS

 

I hope I'm not too far behind you now.

[Tina&Gaz]

GRATZ!!!

 

everyone seems to be getting thier money back except me! and I've done it exactly like you too! boohoo why me!!

[lknox]

Go Janey!!

 

Hugs - well done and very best wishes x

[lostinparadise]

Congrats JaneyH!!!!

They may not be giving me my money (Yet)...but as ever, i have a great sense of satisfaction when others get theirs...especially when you've waited so long.

Well done.......

LIP:D

[Odd Fellow]

Well done. Same old formula wins time and time again. The only variable seems to be the time taken?

 

Presumably, they are looking to settle without admission of liability?

 

Odd

[Dessie]

Well done Janey

[lisaking]

well done i did my 1st LBA and im scaed to file a claim incase i put the wrong thing arghhh

[Janeyh]

Presumably, they are looking to settle without admission of liability?

 

Odd

 

Of course. But we know better don't we

[Janeyh]

well done i did my 1st LBA and im scaed to file a claim incase i put the wrong thing arghhh

 

We've all reached that point Lisa, I felt physically sick when I realised I was going to have to file a claim with the court. But I did it and so can you. The support on this site has been incredible and I couldn't have done it without the tremendous help from everyone. Don't be scared - go for it.

[basil1]

fantastic - well done!