Femstar Vs Abbey

[Femstar]

Hi All,

 

Abbey made a payment of £210 to my account as a gesture of good will. I am skint at the moment and need money to take my case to the small claims court.

 

Can Abbey use it against me if i spend part of the money on proccesing my claim and for personal use.

 

N.B. I have sent a letter advising them of my willingness to accept the money but only on the proviso that it is part of the total payment.

 

Thanks

Femstar

[Michael Browne]

Can Abbey use it against me if i spend part of the money on proccesing my claim and for personal use.

 

 

It's your money, you can use, spend it, waste it in anyway whatsoever.

Jolly decent of them to finance your claim!!!!

[Rooster-UK]

Hi Femstar.

 

Personally I would advise leaving it untouched until the claim is completely settled. But providing that you made it clear that you accepted it only as part settlement and that you would be pursuing the balance through the courts and you did not sign a complete settlement form, then if you need food on the table then there is only one course open to you.

 

Don't forget to amend your schedule of charges to show that you have already received part settlement of £210. You won't get that £210 twice.

 

Regards, Rooster.

[Femstar]

Hi All,

 

I have just filed my claim via MoneyClaim Online. While filing my claim i was never given the option of attaching my schedule of charges etc but my particlulars of claim stated that ' the defendant is aware of the charges, another one will be sent'.

 

Does this mean that i send the schedule of charges to the Bank again or i post it to the court. Please advise as i am worried.

 

Advice regarding what to do will be appreciated.

 

Thanks.

[Femstar]

Hi All,

 

I have just filed my claim via MoneyClaim Online. While filing my claim i was never given the option of attaching my schedule of charges etc but my particlulars of claim stated that ' the defendant is aware of the charges, another one will be sent'.

 

To whom am i referiing to when i say another one will be sent- the bank or the court? Can someone advise me regarding this and also what to do to remedy the situation?

 

Does this mean that i send the schedule of charges to the Bank again or i post it to the court. Please advise as i am worried.

 

Advice regarding what to do will be appreciated.

 

Thanks.

[Femstar]

Hi All,

 

I have just filed my claim via MoneyClaim Online. While filing my claim i was never given the option of attaching my schedule of charges etc but my particlulars of claim stated that ' the defendant is aware of the charges, another one will be sent'.

 

To whom am i referring to when i say another one will be sent- the bank or the court? Can someone advise me regarding this and also what to do to remedy the situation?

 

Does this mean that i send the schedule of charges to the Bank again or i post it to the court. Please advise as i am worried.

 

Advice regarding what to do will be appreciated.

 

Thanks.

[Janet-M]

Once you get a claim number post the revised schedule ( now including interest ) to the court with the claim number on the top asking for it to be added to your claim.

Don't worry you have not done anything wrong

[GuidoT]

Send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours faithfully

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours faithfully

[Glenn UK]

3 copies i believe, one for the court, one for the defendant and one for the claimants copy, yes i know you get i back but thats what you are supposed to file.

 

HTH

[Mad Nick]

Femstar, if you haven't already found out the answer, send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act [or whatever other rate you used]. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

 

and a copy to Abbey wouldn't hurt. Regards, Mad Nick.

[Femstar]

Hi Guys,

 

Have just received a GOGW from Abbey for half the amount i am claiming. I have also received the Allocation Questionnaire from the court.

 

I have filled out the questionnaire as advised by the forum.

 

I am a bit worried about the case going to court though. I am also a bit confused as the step by step instructions says that 28days after the 'Acknowledgement of Service', i win by default.

 

P.S. Is the £100 paid when submitting the Allocation Questionnaire going to be paid back to me and when do i expect my cheque or court date bearing in mind my date for filing the questionnaire is March 3?

[Michael Browne]

I have filled out the questionnaire as advised by the forum.

 

Including this?:

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

 

I am also a bit confused as the step by step instructions says that 28days after the 'Acknowledgement of Service', i win by default

yes, but only if they don't file a defence, which they obviously have..

 

Is the £100 paid when submitting the Allocation Questionnaire going to be paid back to me

 

Yes it's automatically added to your claim

[Femstar]

My questionnaire is an N149. Do i add this text in section H

 

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. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

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. I believe this would bring a rapid end to this litigation.

 

Do i then attach the 'new strategy'?

[Michael Browne]

Do i add this text in section H

 

Section G (Other Information) replace it with this:

 

The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

 

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendant's charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

Do i then attach the 'new strategy'?

 

Yes, fill in your details and print out the Draft Order on a separate sheet.

[Femstar]

I have already filled in section G with the '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' but i am willing to amend it and add 'The claimant proposes...' and then attach the Draft Order.

 

Can you please tell me what the repercussions of these are? Will i have to send the information to the bank immediately etc?

 

Thanks for you help

[Michael Browne]

Will i have to send the information to the bank immediately etc?

No not until the judge agrees to it and it will be sent to you. He may not agree, of course.

 

Can you please tell me what the repercussions of these are?

It speeds up settlement

 

You would need to submit;

a) schedule of charges

b) account statements

c) statement of evidence here:

New strategy for Allocation Questionaires

d) cases and statutes - see the court bundle here:

Basic Court Bundle

 

Once you do this the bank will settle, rather than file their bundle.

[Femstar]

Hi All,

 

I have just completed my N149 form. I have two versions one filled out as advised by the templates library and the other attaching a draft directions.

 

The draft direction says something about the claimant handing some documents in 14days time and i am worried about jeopardising my case especially as i have come this far and refused their GOGW.

 

I am a bit worried about going to court especially as i am confused by all this Court bundle stuff.

 

Can any one advise me which one to submit to the court.

 

Thanks

[newbody]

the best thing i can suggest is either scan your aq directions in or type them in manually then someone can go through informing you on each point what is expected and your best way around it

 

also read this from the templates library it might help http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

[jonni2bad]

Femstar, the 14 days mentioned in the Draft Directions has no relation to the actual Allocation Questionnaire (AQ).

 

ONLY if the Judge who receives it then decides to take up the 'offer' of its use will you have to meet a deadline, but this will be explained in a court paper. The items you need for the Order, should it be granted, are available on this site.

 

I would say though that if you are quite confused by all of this, it might just be that you have not gone to great lengths to understand what legal action you have started. Many people fall into that category.

 

The best course of action is to read, read and read again. Everything you need to know is on the site - the FAQ section should be your 'bible' in this respect.

 

Threads in relation to the Draft Order and Allocation Questionnaire are also must reads, for instance those in the 'General' Forum.

[bish]

Hi Femstar

 

I agree with Jonnie, you need to read, read, and read again. The stickys at the top of the Abbey forum are very infomative, along with the library templates. At the end of the day read a thread that seems to be the same as your claim, this will give you pointers to how to proceed. This is not an easy process unless you are dedicated to getting your charges back. The bank has already made it hard for you, do you think they are going to make it easy for you to reclaim those charges back ?.

 

Regards bish.

[Femstar]

Hi All,

 

A lot of us are at the advanced stage where Abbey have made a derisory offer as GOGW. We have also been sent the Allocation Questionnaire by the court.

 

Filling out the questionnaire is fairly simple apart from Section G which i believe is any other information.

 

Can any experts out there advise us on what the implications of the Draft of Directions are as opposed to standard discloscure.

 

This really is a game of brinkmanship

[Femstar]

Hi Guys,

 

I have just completed my form and am about to drop the Allocation Questionnaire at the court. I initially filled it out with the (Section G) standard order but have decided to go with the Draft of directions to speed it up.

 

Am i right in saying that depending on the judge, i will be expected to submit a bundle under 14days. Then Abbey have the same time to do the same. After which a court date is given?

 

What would have happened if i used the standard order?

[Michael Browne]

Am i right in saying that depending on the judge, i will be expected to submit a bundle under 14days. Then Abbey have the same time to do the same. After which a court date is given?

 

Yes, assuming the judge agrees to the order

 

What would have happened if i used the standard order?

You would be given acourt date, probably 2-3 months time and have to submit the Court Bundle etc 14 days before that date

[barney982]

I have done the same thing and sent the draft order and will send the bundle, how do we know if the judge accepts this?

[Michael Browne]

will send the bundle,

You don't need to do that until the judge agrees to th order

 

how do we know if the judge accepts this?

You will be sent the Direction Order