Claims transferred to Southend...

[Lula]

ROFLMAO YOU have too much time and too much imagination

 

I keep imagining the barristers going back to Asshursts and giving them a right earful for making them look like proper plonkers in from of a DJ

[gingerninja]

C'mon people i'm on tenbder hooks here what's going on??????????????????

[TJ.Daws]

Hi all:p

 

Been gagging to get to the computer, I have just got back from Southend - to give you an idea of how quick the in & outs are my time slot was 2pm there were four people went in before me and I was back in my car by 2:20pm.

 

As for the very breif visit in there well much the same as everyone else really....didn't have my sechedule of charges.:o ..and I thought it was just me they said it to..I feel so cheap!!! Anyway fortunately had one which I gave to Abbey solicitor whilst reeling of that I had over the intervening months sent out four schedules and had letters and profo of post should they wish to see them (they didn't)

 

Like everyone else the solicitor was asked if Abbey would now consider settlement (looking as though Abbey would be in huge trouble if they didn't) Abbey said yes they would now look at settlement (such kind souls) Judge said they had 28 days to reach settlement he explained that if settlement was not reached in 28 days it would reappear on his list although he felt that settlement would be reached (quick stern look over his galsses in direction of Abbey solicitor). I get the feeling the Judge will really not be happy if it turns up in his court again. But then he is probably very very sick of hearing them say the don't have the info to hand and all of us whipping it out (the paperwork that is!!)

 

Cross fingers everyone - not a cheque at the door that was my dream solution but hopefully on the home straight.

 

And for anyone who is tempted to be generous to them time wise - DON'T Mine has dragged on since last September because I was to chicken to get tough.

 

Oh and by the way I remeber seeing a post somewhere about how many were on the lists v's Abbey at Southend. They had it posted on the wall and there appeared to be 81 today.

[Lula]

Well Done TJD, I can imagine what the DJ's and the barristers aare thinking lol

[rosemarymadder]

Hi All,

Just got back from my 3:00 appointment 1 person before me, 1 after, usher had to use tannoy system to look for other people scheduled in who did not show....

 

I went in - good afternoon

tried to get past Abbeys solicitors chair which was well pulled out and the judge asked her to move her chair out of my way....tee hee

 

Judge - Abbeys position on this case?

Abbey - Received claim however (you guessed it) No schedule of charges. (yawn)

me (to the Judge) I have prepared a bundle for both yourself and the defendant it has a claim summary, points on which my case rests and a full schedule of charges plus at least one letter stating that i have included schedule of charges and proof of posting

Abbey - (your going to love this) proof of posting does not prove we have received it...Judge not a happy bunny...

Judge - now that you have received another copy of the schedule of charges can i expect a settlement

Abbey - now that we have this we can look at a settlement

Judge to me - Abbey have 28 days in which to settle, if they do not settle within 28 days it will come back to me as a final hearing

me - i have recently emailed a settlement figure to Ashursts however i have not had any response

Judge to me and Abbey - i trust you will receive a letter within the next 28 days.

me - thank you for your time

judge - thank you for being so well prepared.....!:grin:

so sit back and wait - not! i fully expect to have to go back to court, but having been once it doesnt feel as scary.

 

also lots of people for the 2:30 time that didnt seem at all prepared...glad i've got this site...

 

cheers all Rosemarymadder (not my real name)8-)

[Lula]

whaadya mean its not your real name, surely you are not using a pseudonym LOL

 

Actually Very many congratulations, I would have your spreadie with costs preparing your bundle ready to email and post recorded to them and you know what amounts to ask for dont you,

 

If they dont reply within a week tell them that you will be happy to see them in the final hearing, use read receipts and recorded delivery for everything and take a screen dump so that they cant argue that they havnt received anything

 

Bloody cheek, proof of posting does not give proof of receipt!!!!!!!!!!!!!!

 

it does if you pay for it and it gives a signature

 

 

but jolly Well Done anyway!!!!!!!!!!!!!!!!!!!!!!!!

 

 

 

p.s. keep your court bundle, it might come in handy

[rosemarymadder]

Hi Lula,

Gave them a copy each of the whole interim bundle all together nicely with a front page and everything, think the judge liked that;)

[TJ.Daws]

Well done Rosemarymadder (or strange and mysterious one)!

 

Sounds like Abbey had a very similar agenda with everyone. Now of course I am sure that they will loose all copies of schedules between hearing and their office. Their excuses are getting as old and tired as 'The dog ate my homework'

 

I am really hoping that this time they will just get their finger out and settle....if they do force it to court and its the same judge I really don't think it will go well for them!!

 

Oh well looks like no extra dosh in time for the school hols....bummer!

[newbody]

hi one and all finally home at last gotta love the train system

 

well as most said was a pretty uneventful day

ok my case

 

in to see judge

judge abbeys position on Newbodys case

slightly different we would like the CI 28.7% element thrown out now as Newbody has applied for it under Mutuality and Recipitory/ Fairness and Balance etc

Judge asked my opinion tried to use utccr as argument no Go

Judge explained as it is not in contract you have not a leg to stand on under this Argument

Point to abbey

 

Asked abbey in regards Settlement You guessed no schedule charges

Showed judge 4 copies that have been passed onto abbey from myself to abbey

and he also pointed out he also has 2 copies of it himself

Point me

 

On compound interest instead of Simple interest on sec 69 8% argue it out at trial if it comes to that

 

Draw

 

final result

 

Abbey told to settle in 28 days or we off to trial

 

My thoughts the Judge is a nice chap on our side I believe but think he is fed up hearing the same thing time and time again and just wants to see a test case bought ot end it all

So here's to the 28 days and hopefully settlement for us all if not see some of you again in 28 days time

[Lula]

Well done Newbody, so you need to take a look at this http://www.consumeractiongroup.co.uk/forum/general/105377-ci-mutuality-dead-long.html#post1005957

 

and decide whether you want to go for it or not, personally I dont think i would, in my poc's I asked for contractual and stated that in the alternative i would like S69 8%, but that is all for another time. If he didnt have a schedule of charges how did he know that you were asking for contractual

[newbody]

YEah i had read that post before going but unfortunatley had geared my N1 and AQ back in march april for the M&R F&B arguments i too had Sec 69 as my alternative and i can not say for definite but i think this helped the judge in dismissing my claim for CI

As i think from what was said he saw it as chancing my arm for the 28.7% but knowing that i am only really entitled to 8%

 

so was a bit l8 in the day for me on this one but at least still have the hope of maybe getting the sec 69 compounded

[Lula]

Well at least the judge virtually said you can have it, so if they offer it take it lol

[jules1973]

I can imagine what they said when they employed him to appear on their behalfs

 

Asshurts: We need to make these people hang on and on till they give up

Solicitor: How about snipers picking them off one by one as they come to court

Asshurts: Can we get away with that

Solicitor: Probably not how about pretending that every person who sent the schedule in some 3 or 4 times and the ones the court sent us have never been received, and we can blame the post office for everything, then it drags out a teensy bit longer.

Asshurts: Brilliant idea, we off you coming to join us in a champagne reception once we torment the living daylights out of all these people making us actually do some frigging work.

Solicitor: Only if its customers money paying for it.

Asshurts: Naturally, Goodbye and remember the sniper is always there as a backup, gotta go and read some emails now and delete them, i think we will claim they never arrived too

 

 

Bloody Bankers, oops think i spelt that wrong Bloody Wan....

 

ICY

 

Ever thought of being a writer, I had tears rolling down my face when i read this, hubby thought it was brilliant.

 

Abbey kinda remind us of that nationwide advert with the Champers at the Shareholders Annual Meeting (wonder if Nationwide had Abbey in mind when they did the adverts)

 

Glad to see you still have a brilliant sense of humour after the way they have treated you. xxx

[ICY]

Funny enough i have thought of it, but not done anything other than think

 

I am really pleased it makes people smile, i like to see people happy:)

[spurs1]

good to meet you today newbody and it was great to see abbey numpty brief or whoever she was getting a real hard time. methinks she must be sitting at home thinking I've had better days. Have to say my confidence is redoubled after this and for anybody still to attend Southend it really is going to be ok. I was in at 1030 and the judge was already looking peeved he must have had the right hump by 3pm. Well done one and all

[rsspence]

Personally it felt a bit sorry for the Abbey Breif, 81 cases in one day and most people who turned up seemed better prepared than the breif. Isn't it nice to stand up for yourself like this.

Just trying to think of any other large company I can 'sort out', or pester my family to act on their behalf.

Overall a good day.

Spence

[mickyn]

well done everyone, you all done great:D

 

i'm a bit concerned now as the two letters i sent with schedules enclosed, the first one i failed to include in the letter that schedules were enclosed so the proof of posting wont be relevant.

 

and secondly the royal mail lost the letter for the other letter posted by there own admission. niavely i sent this signed for instead of special delivery

 

im in court on the 25th july is it to late to supply another schedule to the court and abbey . iam going too any way but would it effect my case by being lat after the events of today.

 

mickyn

[rosemarymadder]

Hi Mickyn,

 

wouldnt have thought it would have any effect on your case this seems to be another distraction/delaying tactic, the Judge was on the ball and i believe he was giving them enough rope so to speak. send the schedule again and get proof then take one to court and put it in abbey's grubby little hands.

 

have you got any letters from abbey after you sent yours to them? if so do they ask for schedule? if they dont then you could argue that as they had not asked for it you presummed they had received it.

 

really nothing to worry about, lots of people there today who had nothing at all with them, being part of this site gives us a bit more knowledge and support and i ended up feeling really well prepared. if you had read some of my postings from yesterday and the day before i was in panic mode:lol: so feel much better now.

 

good luck

 

rosemarymadder

[mickyn]

thanks rosemarymadder

 

i saw how you reacted to the postings yesterday and beleive me i went through all the emotions you went through. i am now pleased as punch that everyone today had the result we all wished for you and it seems that it did.

 

starting to feel like you last night, but bouyed by what i have heard of todays events (apart from the schedule of charges that i cant prove yet).

 

BUT by the time i go to court everyone and his mother will have the schedule and hopefully all should go well

 

keep us informed and once again WELL DONE

 

mickyn

[rosemarymadder]

My biggest problem is i think everyone else is much more capable than i am, i'm the sort of person who passes an exam and thinks they must have lowered the standard...i seem to surprise myself more than anyone around me...must be good at acting cool:cool:

 

rose

[Lula]

Rose, you do yourself an injustice lovvie, all we need is knowledge and we can do it, YOU can and indeed YOU ARE doing it, lighten up on yourself

[rosemarymadder]

ta lula, you sound like him downstairs! lol

just like a swan really - calm on the surface and paddling like hell underneath...

on that happy note i am off to bed to sleep without thinking i got to go to court tomorrow....lovely

 

sweet dreams to all

[Lula]

Night Night Rose, sleep well and good luck tomorrow XX

[dancegirl]

just to add to the many who have already told of their experience yesterday, mine was the same, Abbey lady denied that they had ever received my statement of charges ( poor judge Dudley must have been sick of hearing it!) when he aked if I had a copy, which I had, he gave it to her & said he expected them to settle within 28 days

[unlawfulbankers]

My meeting is on 25th July - can someone please give me a list of exactly what I need to take and where to find it, I keep going round and round in circles and I would like to turn up fully prepared but just keep getting confused with what is relevant to me?

 

I didn't send any of my letters enclosing schedles by recorded delivery just normal post, but assume Abbey have received them as they have prepared defence, corresponded with me re them and have never claimed not to have received them despite me referring to them in the letters. I haven't sent a copy of the letters to the court at all, thought Abbey would have enclosed a copy - bit paniced now - should I do this urgently? HELP