bowkett v Abbey National

[srfrench]

Nope can't offer any advice on this one Bowk........ I've re-read your thread and so far all hunky dory. It's just the Judge that's slowing the process down somewhat!

 

Stick to it and wait for the Judge to "manage" your case dude. Do you know which Judge is managing your case file?

[bowkett]

Yes, I do now. I got a letter from the court this morning. District Judge Anderson has considered the statements of case and AQ's filed and allocated the claim to the small claims track. The hearing of the claim will take place on 15th January 2007 at 2pm. Each party shall deliver to every other party and to the court office copies of all documents (including any experts report) on which he intends to rely at the hearing no later than 14 days before the hearing. Date 15th November.

 

So there you go, looks like the letter didnt hold much weight with my Judge then! Best start getting ready! I still have not been informed that DLA Piper are no longer acting for Abbey, I assume the court havent been told either. Do I carry on and send documents to DLA?? I wouldnt even know where to send anything to Abbey, I have had no correspondance at all since I got the defence some time ago. Atleast I have a date now though I think I may call the court Monday morning to ask if they have had any notification of change of solicitors to put my mind at rest.

[noobrider]

Where abouts are you Bowkett...I mean location...is it in the Bradford court?

[bowkett]

Hi, no, Pontefract, near Wakefield. Not so far from Bradford though, have you a court date too?

[davehaley]

Bowkett, I live in Wakefield so if this actually gets to court and if you don't mind I will come along for the experience and to add some support.

[bowkett]

most welcome! Altough I have to say I hope it doesnt come to it, it would just be my luck! I plan to start my prep shortly, starting with a sit in on a couple of cases.

[bowkett]

Well, I have just spoken to my local court and they still have DLA acting for Abbey and have had nothing to say otherwise. The clerk advised me to continue to use DLA's address to send any correspondance! Is anyone else in the same situation?? I thought DLA were no longer acting for Abbey. I can see my case getting even messier by the day, any advice anyone?

[davehaley]

Abbey or DLA have never actually sent me a formal change of solicitors but when I called DLA they told me that they no longer acted on behalf of abbey for the bank charge issues. When Abbey wanted to get my judgment stayed they got Ashursts to send the application off to the courts. The court sent me a copy of the application through with Ashurst as the solicitor but the letter from the court still had DLA as the solicitor.

 

I don't think the court know who is dealing this for abbey. The whole DLA/Abbey/ashurst thing is starting to become a bit of a farce.

 

If I was you I would call Abbey and ask them who will be dealing with the case and let them know that the court still thinks it's DLA. If this does nothing else at least it might get some dialogue going so they can talk about a settlment.

[bowkett]

Thanks, I did consider calling Abbey but I dont have a number, other than the usual Asian call centres! When I have called Abbey in the past with general queries I have found that I either cant understand them or they cant understand me! I will have a scout round the site later and see if I can find a telephone number.

[kippy2]

replied on s french thread with a no

[bowkett]

ta very much. I called and left a message! I have called DLA , they gave me the same number for Christine and another for Inga. I called Inga and spoke to her PA?? Anyway they cant find anything as yet on my case!!! Someone will call me when they find it

[bowkett]

Ha ha ha ha. Guess what? Inga has just called me, and, after an extensive search they have come to the conclusion that may claim doesnt exist!! I find this absolutely hilarious and wish I hadnt called them now, it would have been great to turn up at the hearing and wait for Abbey to show, or not to as the case would have been. I do hope that my contacting Inga has helped my case along the path of settlement ;-)

[bowkett]

Well, as they havent got back to me as promised I called again today and they still havent found my details!! I do look forward to the court date sooo much!!

[bowkett]

Well, I have now called four times, and only just managed to speak to Inga Kirkman. Now one have ever returned my calls either (doesnt suprise me) ANYWAY they still havent found my file and have no details at all on my claim, Ms Kirkman has asked me to fax over my claim form so that it may help to find my file!! Any ideas guys?? Should I help them out or should I let them stew and see them in court??

 

Also, if anyone has any info that may be useful when putting my court park together I would be most grateful, at this time of year there are lots of other things to do!!! I want to get my pack in before christmas as I am not sure how the holidays count, and my hearing is quite early in January (15th), so I thought maybe to hand in my pack on the 22nd?? :D

[Chilli501]

hi bowkett. ive just put my bundle in today. my court date is 20 dec. if you get the basic court bundle from karnevils signature and then make 3 copies of all the correspondence between you and abbey but dont include any without predjudice letters and your replies to them. plus 3 copies of everything listed below. ill have to put it in the next post as i forgt it and will have to check my own thread. back in a minute

[Chilli501]

all correspondence between shabbey and yourself.

latest schedule of charges

copies of all statements i have that have charges on them

relevant case law summary

early day motion

dunlop v new gargage

UTCCR 1999

UCTA 1977

oft summary

google them and you will get what you need. make 3 copies of them, index them and make sure all the pages are in order and numbered. include anything else you would like to use, put them each in a ring binder, one for you, one for court and one for shabbey. send shabbeys and court next day recorded to make sure they get them. thats what i have done. i hope this helps. sorry if ive forgotten anything and if one of the mods could check this id appreciate it. i only sent what i have listed here and i dont want to jeapordise anyone elses case if im wrong. let me know how it goes ok? :)

[bowkett]

Thanks for that, I am just starting to get things together now, cant believe I am doing this at christmas!! I thought this would have been done and dusted a long time ago. Anyway I still havent faxed anything over to Inga as I wasnt sure if I should, as they have lost my case. I havent heard from them at all since I last called and Inga told me they still havent found my case

[bowkett]

Well, got home today and found a letter from the court, the letter is in reference to the letter I sent on the 5th November!!! I thought they had ignored it, or taken it into account when setting the hearing date. Any way it state the judges comment as "If the claimant wishes the court to deal with any issue before the hearing she must make an application in accordance with CPR rule 23." To be honest I dont feel like doing anything with this, I will just submit my pack and hope for the best, my court has leant in Abbeys favour for sometime now The letter was sent before the hearing date was given, as I was fed up with Abbey flouting the deadlines set and getting away with it. Abbey have not yet met one dealine given by the court!

[bowkett]

well, I hope you all had a good christmas, I am looking forward to the New Year and my looming court date. Abbey never got back to me so I will see them there (if they find my paperwork that is!) Bundle all ready to go, any last minute advice gratefully received. Below is a sumary of what is in:

Copies of all letters (except the one Abbey sent me marked without prejudice. Should I enclose my reply though??)

Schedule of charges to date

Statements with charges highlighted

Case law summary *

Early day motion from H 0f P

Dunlop V New Garage *

UTCCR 1999 *

UCTA 1977 *

SOGA 1982 *

OFT Statement summary

* all courtesy of Bookworms entry in the library TY

[noobrider]

looks good to me Bowkett same as mine and dont include any replies to wp letters. I have a directions hearing on the 9th of Jan and I have sent several emails to inga and christine but wit no reply so roll on the 9th

[bowkett]

Thanks for the reassurance, most peeps that have been with me along the way have dissapeared due to settlement six months on and I am still here (not that I dont like it and I have won one claim against Tesco:-)) My hearing is on the 15th at 2pm and it is for the "hearing of the claim" as the Judge has considered the case, at least it will mean a day off work!!

[bowkett]

Hi Karne,

 

Nothing at all from Abbey, the court told me I should send my stuff to DLA as I have had no notification of the change so I did, as far as the court are concerned DLA are still acting for Abbey. I am going to sit in on some cases in the new year as soon as they are open! I hope to catch a few the week before my hearing, I do hope Abbey havent found my file, that is the last I heard from Inga. I have faxed her a copy of the court letter giving the date and time of the hearing and a copy of my schedule of charges but I dont know if she will be working due to the holidays.

[Ron Tapp]

Hi Bowkett

I have read with interest your thread, as I am about to put my AQ into my local County Court at Watford. I can't believe that Shabbey have got away with the court deadlines so easily. Good luck on the 15th Jan...I'll be watching the outcome...Regards Ronn

[bowkett]

Hi Ron, thanks and good luck to you too! I do hope your wait isnt as long as mine

[bowkett]

Nothing at all from Abbey, no bundle and the court date is now less than 2 weeks away. I am hoping to sit in on a couple of hearings in the next few days so when I go to court I will ask if they have heard from Abbey.