Noobrider V Abbey ***SETTLED IN FULL***

[philread1]

Hello Noob

 

I'm still looking....................

 

Phil:)

[Glenn UK]

http://www.consumeractiongroup.co.uk/forum/abbey-bank/20095-glenn-abbey-5.html#post346115

 

The link takes you to the letter i attached to my AQ, it summarises what i think i can prove about abbeys behaviour and hopefully highlights to the courts, in case they weren't aware, what abbey are up to.

 

I would update it and would also mention how many threads there are in the claims in progress for abbey and possibly how many threads there are in the abbey forum full stop. You may want to consider whether the last one is worthwhile, but bearing in ind abbey haven't got into court yet it might be interesting if you had the inclination to try to see how many people were claiming from abbey all tolled.

 

Re what you need to take to court, personally i think you should prepare for this as if you were going g to present your case, but without going g through all the paper work.

 

Theres no doubt about it if you are worried that you don't know your claim, the law supporting it and all the background you will be even more nervous that otherwise might be the case.

 

If you know your claim inside out then they can ask you nothing which will cause you a problem and then its only a matter of presenting the information as best you can.

 

JMHO

 

Glenn

 

PS if this has lots of typos its because i using someone else computer and this iexplorer doesn't have ispell on it.

[philread1]

Hello Noobrider

 

The letter from Glenn above is very good, just change it to suit your own circumstances. The link below will show you the cases that are in progress at the moment against shABBEY:-

 

http://www.consumeractiongroup.co.uk/forum/litigation-progress/

 

Phil:)

[noobrider]

Thanks guys. I'm very confident about my claim and I'm fairly certain I understand the law and the principles behind the claim to speak reasonably confidently about it. It just seemed to be a different tak to what other case have taken and I felt a little alone. I couldn't find very much at all about direction hearings anywhere on the web. It just seems like another delay to the whole process. But from my point of view a route that no one had written about. Directions hearing appear to be more common in child custody hearings.

[noobrider]

OK...for all those in the know...I'm finally moved into my new house all settled broadband installed and enormously happy and relieved its all over...now I can concentrate on the Abbey saga. I'm going to send a change of address letter to abbey along with a court bundle in the vain hope they may settle before christmas...I know I've only got a directions hearing in 9th Jan but maybe they just might cough up. Here is a copy of the letter I'm sending

 

Claim ref:123456

 

Dear Inga

 

please note the change of address with immediate effect.

Previous corresspondence address:

The street

where I

used to

Live

 

New Corresspondence address

My New House

In a

New

Street

 

I have included the complete court bundle with all documents that I will be relying on in the above quoted case. A copy has also been sent to the courts.

 

I have noted my email address and telephone number should you wish to contact me in either of these formats should that prove more convenient to yourself. I am still hopeful that a settlement can be reached without resorting to the use of the courts.

 

Yours

 

Noobrider

 

 

Hopefully I may get a response before Christmas...poor kids...no presents...no turkey lol

[Guest willowb]

But you have your home! I'm made up for you!

 

Wxxx

[noobrider]

Tried calling most of the morning but they're not taking calls...all on answer machine

[noobrider]

the fountain of knowledge strikes again, thanks Karne

[noobrider]

This feels like trying to win the viewers prize on deal or no deal...can't get through on the phone, not returning calls for messages left and they're ignoring my emails......oh well I'll keep trying

[noobrider]

already done however I can't seem to find out how to put a read receipt on Gmail. Sent another mail today just in case. At least I can use them as evidence in my court bundle.

[noobrider]

ok 3 emails later and several attempts at trying to get through that damn voice mail message and no responce. my directions hearing is tuesday next week and i'm begining to think that they are just going to let it slide and wait for a full hearing before negotiating a settlement

[traceyrmj]

looking for advice here chaps, is it worth contacting them as i am now at the send the bundle stage too got the court date etc. what would you advise?

i called them today to see if i could get the name of ther person i should send my bundle to and spoke to a christine and she was completely snotty with me and said it will get to the right person when you put the case number on then virtually hung up on me *shock* service with a smile!

[noobrider]

Well I spoke too soon just received a fairly curt email from Inga with an attachment stating that basically the wont be attending the directions hearing due to an oversight but have submitted their own set of directions which basically ask me to send them all the documentation within 14 days including all statements etc that I will rely on in court and they will do the same showing that they are not penalty charges etc etc. I'll type up the full document when I get home. I responded with this email

 

Thanks Inga, however all this documentation has already been sent to you and the court. I am therefore suprised in your responce although I am happy to resend to yourself.

 

 

 

 

I would be prepared to discuss settling this matter without further recourse to the courts but must make you fully aware that I have every intention of completing the full court route if an amicable settlement cannot be reached. As a long term member of the Consumer Action Group I am fully aware of the procedures and legalities of the matter and would therefore appeal to your better nature to end the game and break into meaningful discussions to reduce your workload and that of the courts.

 

Kindest regards

 

Lets see if I get a reply

[noobrider]

OK here are the letters received from Abbey

 

To the court Manager

 

We refer to the Notice of Allocation to the small claims track (hearing) dated 24 November 2006.

 

Due to an administrative oversight on the part of the defendant, the defendant has not arranged representation at the directions hearing in this matter schedule to take place of 9 January 2006. This oversight has only just been brought to the writers attention. (By me I hasten to add)

 

In the circumstances, may we respectfully request that the directions hearing be dealt with in our absence. To this end, we have attached draft directions that the defendant contends are suitable for the furure conduct of this matter.

 

We sincerely apologise for our oversight and thank you for your consideration in this special instance.

 

Should you wish to discuss any aspect of the above, please contact the writer direct on 0270 7564332, otherwise we look forward to receiving notice of any directions made.

 

Yours faithfully

 

Inga Kirkman.

 

 

Also attached was the draft directions.

 

Draft order for Directions

 

1 The claimant shall within 14 days of service of this order sent to the defendant and the court:

 

. a) A schedule setting out each charge repayment of which is sought, showing the date, amount and reason given (if any) for that charge being made;

 

. b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

 

. c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

 

. d) Copies of decided cases and other legal materials to be relied upon.

 

If the claimant fails to comply with his order, the claim will be struck out without further order.

 

2. The Defendant shall within 14 days thereafter file and serve a response to the claimant's schedule, stating in respect of each item claimed:

 

. a) Pursuant to what contractual provision such charges was made, producing a copy of the contractual document relied ipon;

 

. b) Whether such charges is accepted to be a penalty, and ifnot why not;

 

. c) If such charges is alledged to be pre-estimated of the Defendant's loss incurred by the claimants actions (whether or not such actions is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

 

. d) If such charges is not alledged to be a pre-estimate of the Defendants loss incurred by the Claimants actions then facts and matters intended to be relied upon showing the basis upon which the charges was calculated and all evidence to be adduced at trial as to show that charges was fair and reasonable;

 

. e) Any witness statements;

 

. f) Copies of decided cases and other legal materials to be relied upon.

 

If the defendant fails to comply with this order, the defence will be struck out without further order.

 

3 On compliance with orders 1 and 2 above, the matter be listed for hearing on the first available date.

 

 

All spelling and grammatical mistakes have faithfully been reproduced.

 

Sounds like Abbey have ordered their own disclosure but once again they are looking to delay the whole thing by a further month.... at this rate it will be a year before I get to see anything.

 

I'm looking for some much stronger directions particularly referencing the fact that Abbey should have all this information and shouldn't need to wait 14 days after I have submitted mine as they have already dealt with x number of cases beforehand. At least I will have the satisfaction of speaking directly to the judge and personally handing him my court bundle.

[jonni2bad]

Let's hope the court decide to follow this action plan - it's what we're currently putting forward ourselves!

 

Best of luck

[noobrider]

well its the allocation hearing tomorrow morning at 11.30. Abbey have confirmed they wont be turning up but have submitted their directions... I will have to now turn up and submit mine. This is taking far too long.

[Chilli501]

hi. noob. good luck with the hearing tomorrow. its only allocation but its one step nearer to the end. they are really dragging it out for you arent they? it shouldnt be too long now. keep your head held high hon.

[monkey_uk]

gl n00b, I can't beleive how long this has been going on either! Madness, sheer madness!

[noobrider]

thanks guys...should be an easy one and Judge Hickenbottom has dealt with loads of these even the mercantile ones so I don't think he'll take much persuading, plus I can have a moan to him in private without Abbey being able to chip in. Could prove useful in fact

[noobrider]

OK so had my morning in court. Quite interesting and daunting at the same time. I had a female judge unfortunately I didn't get her name...after some awkward introductions she guided me through the letter that Abbey had sent saying that they couldn't attend. She initially thought they were saying I couldn't attend and wanted to know what the administrative error was. I explained that I had informed them that the court date was today and they had hurriedly sent out the letter and directions.

 

She hen asked if I agreed with the directions and I said yes but was there something we could to force their hand as they had taken so long and always settled before the actual hearing. She agreed but said unfortunately not and that they are waiting for a case to be brought that they can make a judgement on in the high court to put and end to it all. She explained she had several cases to hear this morning. and more this afternoon.

 

The judge then said she had made a number of corrections to Abbey's directions as the spelling was terrible and the grammar even worse. She will be send these out with the court order which means I have to submit court bundle in 14 days and Abbey 14 days after that. Hopefully they will finally negotiate in between...my bike is on its last legs and so is the PC...plus we didn't get anythin for christmas so I'm fuming with them

The only thing of concern to me is the wording of the "Statement of evidence of all matter relied upon as tending to show that the charges are irrecoverable as penalties or otherwise" This could do with being a template and having read a couple of others I don't seem to be able to get anything to fit. Can anyone assist?

[Guest willowb]

I'm still watching Noob and still hoping that they'll settle soon:) As for the bundle I'm sorry that I can't help but I'm glad to see that you have a lot of people helping you here.

 

 

Wxxx

[NuttyTart1]

Hi Noob,

 

My allocation hearing is on Friday... so fingers crossed. I think that the way I am going to doing it is to agree with their arguments and put forward the draft directions to try and get this over with... my claim has too been going on a while now

 

Good luck with yours.

 

p.s.Sorry I'm not sure about your question either!

[noobrider]

thanks Karne, exactly what i was looking for

[monkey_uk]

BUMP

 

Any news?

[noobrider]

Not yet... I posted my statement and court bundle to Abbey but I have yet to receive an official letter from court with the judges directions. Just thought I'd follow the draft directions that were agreed on the day and get in early, hopefully Abbey will think that they have been issued and start some negotiations