lisa11 v Abbey

[lisa11]

I have recieved a notice of Transfer of proceedings today. Attached to the back of this it says:

 

without hearing

 

IT IS ORDERED THAT:-

 

1. The filing of an allocation questionnaire be dispenced with in this case unless the District Judge at the court of Transfer orders otherwise.

 

What does this mean? - I.e will this not be going to court?

[ohoh4312]

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html

 

Hi lisa

 

Have a look at the above link - hopefully it should answer your question.

 

Good luck

 

Jo xx

[lisa11]

Does anyone have a template I could use please as I am unsure exactly what to put in the Nudge letter ?

[lisa11]

Could someone please tell me what DG means?

 

and please let me know of any more jargon I may come across

 

Thankyou

[dx100uk]

see the templates/library section everything you need is there

 

dx100uk

[lisa11]

I have recieved a letter from the courts advising that the AQ is being dispensed.

 

Do I now send a Nudge letter to Abbey ? - is this letter ok?

 

 

Abbey Location Code TS6 B03

Abbey National House

2 Triton Square

Regents Park

London

NW1 3AN

 

Re: V Abbey National PLC

 

Account no Claim:

 

It has come to my attention that as of 19th June 2007, an Allocation Questionnaire in this case will not be required.I am mindful of the vast number of claims with which you are currently dealing with. In order to more speedily resolve this matter, I am willing to accept the sum of £ . I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved.

 

I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.For your records, I enclose another copy of my schedule of charges.

 

I look forward to hearing from you.

 

Yours Sincerely,

 

 

Do I also send this letter now to the courts? or do I wait?

 

The Court Manager

Northampton County Court

85 – 87 Lady’s Lane

Northampton

Northamptonshire

NN1 3HQ

 

23rd June 2007

 

Dear Sir/Madam

 

V Abbey National PLC

 

Claim Number:

 

It is noted that in my case referenced above that the Allocation Questionnaire has been dispensed with. I am aware that this is likely due to the large volume of claims that consumers are bring against the high street banks. I am also aware that to date the banks have failed to defend a case in the courts and that they often use the court process to extend and delay the period of time within which they deal with these matters satisfactorily.

 

In light of this the Claimant respectfully suggests that special directions may be made as per the enclosed draft order.The Claimant believes the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed in advance of any hearing so that this claim may proceed justly and expeditiously.

- The crux upon which this claim rests is the true loss suffered by the Defendant as a result of the contractual breach from which its charges arise.

If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the Unfair Terms in Consumer Contracts Regulations 1999 and common law principles established since the early 1900's.

- In the event that the Defendant's charges were accepted as being a fee for a service (which is refuted), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is incumbent on it to disclose such information.

Further, the proposed directions are already routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact.

Accordingly, the Claimant respectfully requests that this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

Yours faithfully,

 

 

Do I also send this Draft order now with the above letter?

 

In the Northampton County Court

 

Claim number:

 

BetweenandAbbey National PLC

 

Draft Order for Directions

 

The Claimant shall within 14 days of service of this order send to the Defendant and to 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 this 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 charge was made, producing a copy of the contractual document relied upon;·

b) Whether such charge is accepted to be a penalty, and if not why not;·

c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action 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 charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge 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.

 

Many thanks to everyone taking the time to check this.

[ohoh4312]

Scratching head on this one! Got a couple of possibilities, but not sure.

 

In what context/sentence does "DG" appear?

 

Bit more info and someone may be able to help you.

 

Jo xx

[Russjo]

I think they are the initials of the solicitors

[lisa11]

I have written a letter to the courts with regards to Directions andd this includes my Order.

 

Do I also have to send copies of these to Abbey aswell?

[lisa11]

thankyou in advance.

[livelylad]

Further correspondance is to be directed to your local court and not MCOL. The case has been transfered. Yes copy to Abbey.

 

I have merged your five threads please stick to one thread.

[hisholinessthepope]

Lisa the courts send out everything through normal mail, as with the order you have received. It is has been know for defendants to request a stay for "not receiving" paperwork. So personally I always photocopy and send all court paperwork on to the defendant with a covering letter via recorded delivery, then this avenue is closed to them. It also shows the defendant that you are on top of your paperwork even if they are snowed under! You can always add in a line like - I see we are both to reply to the courts by the XX June 2007.

[lisa11]

I am in the process of completing this document and have come stuck on this section:

7. The Claimant further submits that the Defendant’s contention that the charges are now a legitimate service charge represents a contradiction to materials published by the bank previously. Here, add in details of any correspondence in which the bank referred to the charges as ‘penalties’, ‘defaults’ or ‘exist to cover costs’, etc. For example -In correspondence with .....................‘Customer Service Recovery’ department in July 2006, Martin Orton, who is manager of the department, stated this in a letter: “As you are aware, I am afraid that it is the case that any items that are returned incur a fee in order that we can recoup our costs”. This was in response to a direct and plain request to justify Lloyds TSB’s charges. Throughout the letter, no mention was ever made of the charges as being the cost of any sort of ‘service’

Does anyone have any generic Abbey material where this has occured please?

[lisa11]

No ones has yet replied to this. As I cannot think of any material do I just remove this from my Statement of Evidence document please?

[lisa11]

Further to the Directions and Order. The court has now recieved these and I have now sent them to Abbey.

 

I have also sent to Abbey CPR part 18 and a letter requesting missing statements which have still not been recieved.

 

I am now really confused because the Order stated that I would send my materials within 14 days to the Court and Abbey - which I am now trying to do but I know that I will not get the response back from abbey in time to include in my court bundle - can court bundles be updated until the court date- or is that it once it is done? Are the court bundle templates off this site enough to win the case with my additional information missing?

 

I am still awaiting a court date as the AQ was dispenced. The lady at the court on Tuesday advised this is taking months. Apart from that she was really unhelpful and couldnt help me further more.

 

thankyou very much in advance for your advic.

[lisa11]

Further to the Directions and Order. The court has now recieved these and I have now sent them to Abbey.

 

I have also sent to Abbey CPR part 18 and a letter requesting missing statements which have still not been recieved.

 

I am now really confused because the Order stated that I would send my materials within 14 days to the Court and Abbey - which I am now trying to do but I know that I will not get the response back from abbey in time to include in my court bundle - can court bundles be updated until the court date- or is that it once it is done? Are the court bundle templates off this site enough to win the case with my additional information missing?

 

I am still awaiting a court date as the AQ was dispenced. The lady at the court on Tuesday advised this is taking months. Apart from that she was really unhelpful and couldnt help me further more.

 

thankyou very much in advance for your advice.

[jules1973]

which statement of evidence are you using from the thread the first one or second one, its the second one that people are generally being told to use for abbey cases.

[hisholinessthepope]

Your court bundle is due a minimum 14 days before your court date. And as you haven't got it yet you shouldn't need to worry.

 

All you need to return is whatever is on the order thats says the claimant will etc. Stuff that is for Abbey to deal with will say defendant must etc. I can't believe the order says send us your bundle? can you post what your order says

[lisa11]

This was what was in the order which was sent to the court.

This basically includes everything in the template bundle which i had except the correspondance so I assumed that we would just send the bundle.

Please correct me if I am wrong- a & b is charges sheet and bank statements. c is statement of evidence - I would appreciate as much advise on what must be included in here. and d , I thought was all case materials as featured in the bundle and all relevant acts.

Thankyou.

The Claimant shall within 14 days of service of this order send to the Defendant and to 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.

[lisa11]

Hi Jules,

 

Could you please post me the link as I am confused where it is and I know dont knoe if I am using the right one.

 

Many thanks

[einyuk]

hi lisa

 

look here at post #55 you need the pre-estimate statement of evidence..........maybe your using it already......just put your mind at rest.

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-3.html

 

good luck

[hisholinessthepope]

d) is decided ie settled cases against the same bank you find them here. This is a list of all the cases the banks have settled, change the pull down menu to yours.

 

http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=138&Itemid=82

[hisholinessthepope]

a) is your spreadsheet of charges

 

b) is the bank statements you found the charges on that your reclaiming. No need to send all the sheets, just the ones with charges that your claiming.

[hisholinessthepope]

c) I think is summary of what you will be putting into your court bundle. So you can use the court bundle thread and cut & paste the details of cases and laws you intend to use.

 

Have to say not come across an order with item c) myself. But am sure someone on here has. So anyone think my interpretation is wrong? or has had the same?

[hisholinessthepope]

This order is not asking for your bundle. So I would not sent it yet.The one bundle I submitted at the start of May 07 ran to 110 pages, so it is a lot of work and as you have to sent it to court and defendant thats times 3!

 

Plus last time I looked at that thread it seemed to have grown with new info so a bundle now could well be longer! You don't need a bundle until you have a full court date.

 

A directions hearing is not the full court date, it is just a chat with the judge in his chambers (office).