thats disappointing. strange how they agree to change it one time but now are being hesitant.. maybe give them reference to the previous time they fixed it FOC and clear up the fact that ESKULAB claims do exist. smartmaniacs home is a good site and a search on there for eskulab and broken springs will give you a fair few reads, also people with advice on who to speak to, what to say etc.. good luck ;-)

well this thread is a bit of a blast from the past... anyway after all that its quite annoying to hear they class it as a 'recall' now so it would have been done FOC, not like before where its a lottery for the eskulab (having to take it in to be checked, but i couldnt with no tax mot...) i say its annoying as i have had the work done at my home instead..

yeah i just realised how badly worded my post was... i'll post back some sense later, my head is hurting now from all this

out of interest, this seems to be slightly different to the 'normal' mention of court bundles and how they are put together... from this page; (the following in particular) The small claims track 'standard directions' - Typically in small claims track cases, the directions will be these - Quote: Each party must file and serve copies of all documents on which that party intends to rely at the hearing, no later than fourteen days before the hearing. The original documents must be brought to the hearing To comply with these directions, you will need to submit copies of all the evidence and other documents upon which you would rely on in court, to both the other side and the court office, no later than 14 days before the date of the hearing. You must retain the original documents. The documents/evidence you will need to submit will include; - Schedule of charges - Statements showing charges have been made - All correspondence between you and the bank - All cases and statutes upon which your claim relies - OFT report All this can be found in the Basic Court Bundle Additionally, you should add as much other evidence as you can compile. Examples of other useful pieces of evidence are; - The Competition Commission report - The McNamara interview - Australian Default Fee's report - BBC Commission conclusion" its not quite clear where the statement of evidence would go with that lot, for the overall bundle... should it be upfront, in front of the correspondence titled 'statement of evidence'? thanks (im on an abbey claim and havent been asked for one, mine is asked for as Each party must file and serve copies of all documents on which that party intends to rely at the hearing, no later than fourteen days before the hearing. The original documents must be brought to the hearing) - does it make a difference?

from a few posts up - "T&C's not strictly necessary v Abbey. Only if you need to point to the specific term of contract you allege has been breached, as you do with say Lloyds. As above Abbey readily admit a breach so T&C's not crucial" in abbey's standard defence it does mention breach of contract, so its handy that some people cant find T&Cs for abbey as hopefully they wont be needed...

anyone? really panicking now as i'll need to submit my papers tomorrow, yet i dont seem to be getting replies.. (i've come into work to get this done, what a sunday :-|) also can i just use copies of the statement pages that have charges on? (and leave out the rest? thanks

bump? Also, with the schedule of charges to be submitted this time, should i use the same ones as i submitted from the court claim or the current ones? (by current ones i mean those with th updated 8% interest calculations as obviously the dates will have changed...) thanks

ok, im back.. been away for a little while but now im back and the court date is fast approaching, so i need to get cracking with the court bundle...so i guess there will be more questions soon on the way EDIT - adding this Q.. for the list of settled cases for the court bundle, or 'cases relied upon', im assuming i am using the relevant bank details from this page? if so, i seem to be getting the results in a gif file, fair enough, but the font of the text generated seems hard to read. its like a 'courier new' font, similar to what typewriters produced, but this seems a little broken.... is it just a problem my end or is it normal and ok?

haha, anything to get away from cleaning eh? either that or you love me that much :grin: but seriously i appreciate all the help you have given me

thanks again EDIT - sorry forgot to ask, would it be wise to go through the court bundle stuff now or wait to see if i get a court date?

thanks lula, i had already put 'no' on mine, and given it in, was just wondering as they had put 'yes' on theirs.. what do you think to my previous predicament, about the banks copy having the same name on a draft order... but i corrected it for the courts copy...

any ideas on that one guys? sorry to bug but i cant stop wondering about it... also, i received a copy of abbeys AQ today and have some questions on that; "A - Settlement Do you wish there to be a one month stay to atempt to settle the claim, either by informal discussion or by alternate dispute resolution?" they said yes.... is this simply them stalling, or is it likely they will make an offer? or if they are just wasting more time, can anything be done about it? "D - Case Management Information .....Witnesses So far as you know at this stage, what witnesses of fact do you intend to call at the trial or final hearing including, if apropriate, yourself?" they have 'Bank Officer' as witness to 'Charges applied to account' is that normal?also the 'amount of claim in dispute' is £200.02 more than the amount i have on my spreadsheet.....any ideas? currently nail biting the work day away.... thanks in advance, Gary

thanks for that robdblynd.. though i have just seen that i have somehow been a real donut i sent off the AQ with its attachments to abbey, but on attachment 2A (draft order), i may have the same name, mine for claimant and defendant for the very first bit... im giving the aq plus attachments into court now, correctly printed, but does anyone know how big a deal this will be? feel so stupid, only hoping the courts' copy is more important....

right, sorted. thank you lula, appreciate the help

again thanks lula, you are a legend.. thats me done, can i simply send the lot to abbey and bring in a copy to the court as it is (as in, do i need to mark it as a copy for each, or will the same thing do for both of them?)

judge will decide? was just thinking that this is copy of a previous order made, i didnt think a judge would need to decide on anything with it....seeing as their is a separate draft order... im talking about this.... point 4 as quoted previously is making me wonder, and sorry about the housework:p

its ok, i'll let you off ;-) (joking of course, its all appreciated no matter when ) although, now that i have you back on board, do you know if i should header each attachment that is going with the AQ? referring to each as 1A, 1B etc? and with the 'text of lincoln order' , im not sure on point 4 - "4/ If the defendant objects to the proposed strike out it is ordered to file by ______________ a schedule setting out all claims of this type in England and wales which have proceeded to a final contested hearin" by? thanks in advance : )

bump? also, if anyone can answer, for attachment 1C 'text of order made by Lincoln County Court' do i copy this into to word as it is? do i need to give it a header or anything?

guys, one more quick question, i was gonna go the chat room and ask, but it doesnt seem to load properly...? anyway, about using the 'abuse order' method that was pointed out, i have a quick question on the sample list of settled claims; "Since May 2006, I am aware of over 100 claims of this nature in which the Defendant has filed an acknowledgement of service, then a Defence, then an allocation questionnaire, then has breached the order for pre-hearing directions, then has finally settled without liability shortly in advance of the hearing or trial. A sample list of these claims, including their claim numbers, is attached (attachment 1B)." Anyway i was wondering about the mention of '100 claims'... as this is abbey specific, the defendant, abbey have 38 claims on that spreadsheet, so i should only filter the abbey results from the spreadsheet and mention '38 claims' and not 100?

you're right, its covered on attachment 2A from there.. thanks.. i should probably be doing this in my own time, at work i keep missing things so i have to re-read them

taxi for me? sorry im at work between reading i kind of didnt read properly what was meant by it.... oops anyway, is there any 'risk' or complications that may occur if i go down this route? or should i stick to the 'normal' way? also, if using that info to be added to section G of the AQ, do i not need to use the draft order for direction as mentioned in the 'new strategy for AQs'? sorry if im being dumb

i have spoken to the court clerk, she said that the date is correct on their system, and i should simply cross out the existing date and write on the correct date :o i thought thats not really upto scratch for official court papers....? did i see a pdf version of the N149 somewhere, if so i would feel more comfortable using that, without any crossings out... and lula thanks for pointing those out, though the second link doesnt seem to go the right place, but i know where you were talking about. and with the abuse order from what i read, this wouldnt so much apply as it was the courts error, both times ...

that had crossed my mind but i'll go round and pick up another, and have it back by the end of the day thanks again ian

was just filling out my AQ (after i finally recieved it, down to the courts not so good admin skills in my case...) anyway, i have to return my AQ by the 18th May 07, fine, but on the AQ they sent me it already had the date written in, on the top right corner, as 18/4/07 :o now unless the calendar has changed and may is now the 4th month....? can i simply walk round to the court office and request a new one, bringing the letter and current AQ with me? or would my dad need to, as he is the claimant? thanks

yeah i found it, filling it in after work... cheers