Charges refunded. But they now want them back.

[Jane Austen]

If Abbey acknowledged service they can't apply for a set aside. This only comes into play if they do not acknowledge and a default judgement is awardwd to the claimant. They then tell the court it was an oversight on their part and they want the opportunity to defend the case. To do this they apply for a set aside hearing.

[LordLee]

so i'm now torn... go for a default judgement and agree to the set aside. or don't apply for default and keep chasing DLA.

 

just don't know now... i wanna avoid having to go into a court room at all costs.

[LordLee]

but dont tell DLA that !!! they dont want to go in court more than you dont.

 

give the court a call......set your mind at rest

 

of course i wouldn't let on my fears. ok i'll give the court a ring and see if Abbey have filed a defense (presumably they can tell me this information). if they have will it eventually show up when i log on to moneyclaim? the aknowledgement did.

[LordLee]

well called the court (or at least i think i called the right number...) and they were to busy to help me. so i guess i wait and see if anything arrives in the post today. i'll email DLA if nothing does i guess.

 

kinda dunno what to do if they don't defend. look weak and call em up giving them more time or go for the jugular and apply for judgement.

[LordLee]

well whaduya know...

 

just one hour after checking moneyclaim and it still said acknowledged... it now says 'Defense'.

 

so they have defended. phew... at least i now know where they/I stand. next step is the allocation questionaire i believe?

[lknox]

Goodness me, they really did leave it til the last minute, didn't they? I bet your nerves were in shreds! At least you can relax a bit now as karnevil says.

Best of luck !

[LordLee]

Goodness me, they really did leave it til the last minute, didn't they? I bet your nerves were in shreds! At least you can relax a bit now as karnevil says.

Best of luck !

 

heh heh... thanks guys. yes i can relax now... as the route now is a little more mapped out.

 

unless anyone advises otherwise i am going to refuse the 50% and go for the whole lot.

 

(i take it a court will not frown upon this refusal? some guys here had accepted the 50% but did not accept any conditions attached and therefore went for the rest as well)

[LordLee]

i think if you accept as partial they withdraw the offer anyway...... just go for the whole lot. when it get to submitting your AQ put a bit on it about disclosing info and send a copy to DLA as a courtesy (have a look in my settled thread to see what I put).

 

I have indeed taken a look at your settled thread. But (as usual) am a little confused about what u mean by 'disclosing info'. Could you ellaborate? Sorry to keep asking you for info. I just get lost in all of your threads! ;-)

[LordLee]

here we are ...

 

It is contended by the Defendant that the fees levied "are proportionate to the Defendant's administrative expenses incurred due to the Claimant's breach of contract, and are a genuine pre-estimate of the damage suffered by the Defendant".

 

In order for the Defendant to substantiate this argument, it will be necessary for evidence to be produced showing how these fees have been calculated, presumably this will mean that the Defendant will by relying on detailed accounting information. If this is the case then it would be reasonable to ask that this evidence be made available prior to any court hearing, in order that I may be able to properly analyse it.

 

Very good! I guess this statement gives them a reason to settle a little quicker before a court date.

[LordLee]

OK... i received a copy of Abbey's defense, along with my AQ from the court today. In the amount claimed i guess i put the total WITHOUT any interest?

 

I'm also worried as the advice on this site with regards filling in an AQ states as follows...

 

There are 2 types of Allocation Questionnaires, form N149 and N150.

 

N149 should be issued for claims that are considered likely to be handled by the Small Claims Track, and N150 for more complex or higher value claims. Both are shown below.

 

The N149 is very straight forward - in fact the AQ itself, being a 'multi-purpose' document, is not really tailored to the needs of a small claims case.

 

Since the N150 is distributed for claims which are likely to fall outside of the scope of Small Claims Track, it is slightly more in-depth and has a few more sections."

 

I have been issued with a N150 form. Why? My claim falls under £5000 but the 8% interest etc takes it over. But i was told this was ok and it would be heard in the small claims.

 

Have they sent me the wrong form?

[LordLee]

Blatant bump... need some help with this guys.

[lipscombe]

pm a MODERATOR LordLee, they usually answer really quickly - good luck x

[LordLee]

any Mod? ok... just off to find one

[jonni2bad]

You shouldn't worry. Sometimes the court staff just see ALLOCATION QUESTIONNAIRE in a slot and send one out.

 

Follow the guidelines for completing the N150 and return it as normal.

 

In the "Other" section state something like....

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure.

I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

[LordLee]

Blimey.... thanks. Top answer.

 

But i still simply do not understand if i enter the amount climed with or with interest. It does not tell me.

[jonni2bad]

OK - "What amount of the claim is in dispute?" This should be the full amount of charges, overdraft interest and 8% interest plus court costs.

[LordLee]

OK - "What amount of the claim is in dispute?" This should be the full amount of charges, overdraft interest and 8% interest plus court costs.

 

This is what I thought. However my brother who has finished studying law, says that in this space you enter the amount minus the 8%. The amount i feel the bank has unlawfully charged me only. He even showed me one his law books that says interst isn't taken into account at this stage as interest is constantly changing and potentially disputes over which court a case is heard in could be disputed back and forth forever. (I think that's what he said.)

 

I only read you post this morning Jonni2bad... and i have already sent off my AQ with just the charges (no 8%)... Hope this ok. I attached my original Claim form and printout of Excel spreadsheet detailing all charges AND 8% interest. Sent a copy to Abbey also.

 

(I've only just been able to get in touch with my brother if annyone wonders why i haven't been asking him advice already.)

[jonni2bad]

The only part that is constantly changing is the section 69 interest (which is also at 8%) but charged daily (aka the daily rate of interest). Since the 8% interest on each charge is fixed at the point of claiming, it is now in dispute.

[LordLee]

The only part that is constantly changing is the section 69 interest (which is also at 8%) but charged daily (aka the daily rate of interest). Since the 8% interest on each charge is fixed at the point of claiming, it is now in dispute.

 

Ahhhh... that makes more sense. However i have filled my AQ without the 8%. Doh! Am i f*cked? Or considering the courts have my original claim, will this be ok?

 

Also... this afternoon i've learned that at home is a 50% offer from Abbey. I wissh to refuse this... but is there as standard letter of rejection? I was just going to thank them but decline.

[LordLee]

Just thought... although the courts sent me my AQ. (and i've just found out my other half has not actually sent it yet) Can i download the PDF version found on here and use that (mainly coz i can type in it). Or do i have to use the one the courts send me?

[jonni2bad]

There's no problem in using the PDF version. Just make sure you fill in the claim reference number on the front, and the name of the court.

[LordLee]

Well... just an update. Sent a letter to DLA refusing the 50%. I didn't really give a reason other than saying Abbey's offer was not exceptable as they still have not provided me with any evidence or information on how their charges are broken down. Warned them i'd be sending off the AQ in the next few days and £100 would be added to my claim in the meantime.

 

Then today I sent in my AQ.

 

Now another waiting game begins i guess.

[flames7205]

Hello LL

same spot as me I sent in AQs a few weeks back and paid the money.

refused 50%

heard nowt till today

letter arrived from Laura at DLA stating that they have also puti n there AQs and just in time as deadline was today.

Still asking if I wish to take up there 50% offer

I have politely wrote back saying thanx but no thanx

so now sit and wait.

[LordLee]

Hello LL

same spot as me I sent in AQs a few weeks back and paid the money.

refused 50%

heard nowt till today

letter arrived from Laura at DLA stating that they have also puti n there AQs and just in time as deadline was today.

Still asking if I wish to take up there 50% offer

I have politely wrote back saying thanx but no thanx

so now sit and wait.

 

Ahhh so that's the tactic is it? Yet more delats by actually filing the AQ and offering the 50% once more. Well i have at least till the 20th August then. That's when the AQ has to be in. Then it's a case of 'how long is a piece of string' with regards how long till a court date is set.

 

Almost there... but not quite. (In fact if they did offer to pay up, by the looks of it they do not exactly pull their finger out with the cheque)

[LordLee]

Don't know if anyone can help... but since i've got to the later stages of my claim, i've opened a new bank account and started to use that.

 

I'm at the AQ stage and Abbey have not closed my bank... but they have charged me again and taken me into an unauthorised overdraft as a result.

 

they have started to call and 'try' and get a bit heavy. I do not want another default on my credit score... but definately do not wanna give them the cash. Is it wise to bring up the court action when i speak to them later? What should be my argument? As we all know they hit me with the 'terms and conditions' argument.

 

My salary doesn't go into the account anymore... they've probably noticed that and that's why they've started gettin' heavy.