keren29 v Abbey ** WON **

[jax1964]

Good luck for tomorrow Keren.

[keren29]

cheers guys, fingers crossed.

[Seamus Duffy]

Good luck Keren - you sound like you are well prepared for them and well able for them too. Look forward to hearing how it went!!

[Chilli501]

good luck hun. ill be followin your thread

[GaryH]

Good luck Karen!

[keren29]

I've got everything printed off and all collated in date order, leaving in about an hour. I had to go to court a few weeks back with Citicards so at least I know where to go, what to expect etc. I predict that the stay will be lifted and the hearing will be on 22 Feb with all the other local cases , but I'm going to ask if there is any possibility of an earlier hearing date.

[keren29]

I'm back.

 

The Abbey didn't attend, but sent a letter saying they neither agreed with nor objected to the stay being lifted.

 

He lifted the stay and , as I predicted, has scheduled it for 22 February with all the the others.

 

He said that if he had seen the application earlier he would not have had the hearing and would have added it to the 22nd Feb list, but a Deputy had ordered the hearing today.

 

He said that he understood that it was causing me financial difficulty but that if he now listed my case separately it would defeat the object of having a big hearing on the 22nd and that the earliest hearing dates were February anyway. He said they had lots to deal with and had to consider the available resources in the court.

 

He said the reason he had originally put stays on the claims was because he was waiting for some 'meaty' claims to go through the Mercantile, but because they had all been settled, he had decided to lift all the stays he had ordered and push them through all on one day. He will be dealing with all the Abbey cases together, then all the Nat West ones etc.

 

He said that the hearing date will either be a damp squib because everyone will have settled, or it will be a mad scramble for seats!

 

That means I have all three of my outstanding claims (2 with the Abbey and 1 with Citicards) on the same day at the same time!!)

[GaryH]

Good news:). Glad it all went OK. Thats pretty much what I expected to be honest, Abbey could hardly object could they and it was pretty obvious they would'nt actually turn up. Fingers crossed for a settlement (or 3!) soon then.

[keren29]

Quick update. Spent the afternoon pulling all the paperwork together for both my court hearings for the Abbey on the 22 Feb.

 

Will be photocopying them tomorrow and getting them off this week.

[keren29]

Claim 1 all photocopied. Will do Claim 2 tomorrow.

 

Do I need to do a witness statement??

[keren29]

Also......as well as needing to know if I need a witness statement, in the correspondence, do I include or exclude the letter from DLA Piper which is headed 'Without Prejudice - Save As to Costs'?

[Lula]

Keren, if the WP letter is a serious attempt in your opinion, to settle then it cant be included, if it is not and cannot be seen as a genuine attempt, then it can be included. Have you already submitted a witness statement? if not then perhaps you should. Saying that even if you already ave, what harm can it do?

[keren29]

cheers, gang. I'll take out the WP letter and do a witness statement. Is there a standard one anywhere on the site? I put witness statement into the search and it brought up loads of threads with the word 'statements' in!

[keren29]

BUMP!!

 

I need to include witness statements for both court bundles and time is starting to get short. I have everything else photocopied etc etc. I have the outline of one, but I need to know what else to add. This is what I have so far (it is all laid out correctly etc, this is just the 'content'). Now, in the 'requests' part, do I put a line about wanting my charges returned? Or is that bit already covered by the fact that I'm claiming????

 

I, XXXXXXX of xx xx xx xx will say as follows:-

1. I am the Claimant is this case.

2. I make this Witness Statement in support of my claim for the return of excessive penalty charges as outlined in my particulars of claim.

3. I make this Witness Statement from information and facts within my own knowledge and which I believe to be true.

4. On the 6 July 2006 I filed with Poole County Court a claim against the respondent for the return of excessive penalty charges as outlined in my particulars of claim.

My requests

a. Standard disclosure.

And

b. The Respondent to file at the court office and serve to me with a list setting out how charges have been calculated no later then 4 weeks after the allocation.

c. I understand that it is in the courts discretion to do so.

[keren29]

ooh, hang on, I've just seen your link Karnevil about witness statements. I'll have a look that that!

[keren29]

YEP, need help now!

 

I've sorted all the rest out, but for this bit

 

Statement of Truth

I believe the facts stated within this Witness Statement to be true and exhibit Exhibits [KJF1] comprising of xx pages.

 

 

What do I put as the xx pages number? Is it the total number of pages in my bundle?

[keren29]

BUMP!!!

 

Want to start posting these off in the next 24-48 hours. What do I put as the xx pages number in the Statement of Truth?

[keren29]

Cheers Karn - i'm ok with the rest of it, I just didn't know about the number of pages bit.

 

Should have both claim bundles off to the courts and solicitors today or tomorrow. Just Citi to package up then.

 

How close to the court date are Abbey waiting at the moment after they get the bundles?

 

I guess I should be getting a bundle for each claim from them as well?

[keren29]

Bundles for both claims now gone to court and solicitors.

 

See what happens between now and the 22nd!

[keren29]

No bundles received from Abbey and the deadline was 4.00pm today.

 

Hopefully the next stage will be a letter of offer or a phone call.

[keren29]

The Abbey want to settle both my claims in full - wwoooooohooooo!!!

 

However, on my big claim, they have calculated the daily interest from 1 Feb 2007 instead of the 1 August 2006 and it is about £100 short!!

 

There is no phone number or email address on the letters - who can I ring/email? Is it someone called Ingrid??

[kenneth014]

'[email protected]'

 

sorry not got a phone number but have seen in on this site somewhere !

[jhynes]

The Abbey want to settle both my claims in full - wwoooooohooooo!!!

 

However, on my big claim, they have calculated the daily interest from 1 Feb 2007 instead of the 1 August 2006 and it is about £100 short!!

 

There is no phone number or email address on the letters - who can I ring/email? Is it someone called Ingrid??

 

You could ring James Arrandale on 02077564306.

[keren29]

Fab, thankyou both.

 

It still hasn't sunk in yet that I've won!

 

The letter reference ends ICK, so I'm guessing it is Ingrid.

[sam78]

Well done you. Out of interest at what point have they settled and how long has it taken in total?