Femstar Vs Abbey

[barney982]

Ah thanks Michael

[Femstar]

After handing in my Allocation Questionnaire over a month ago, a date has finally been set for my hearing.

 

The 'Notice of trial' however didn't say anything about bringing my documents.

 

Should i post my court bundle anyway? 1 copy to the court, 1 to Abbey and 1 for myself?

 

How do i confirm if my court bundle is complete?

 

I am feeling the pressure.

 

Any advice

[Femstar]

Hi Guys,

 

My court date has arrived but i have a problem.

 

Can anybody help with the following questions

 

1. What does bookworm mean by 'Think carefully about your own situation, and adapt the bundle (and the index) accordingly....'. (are any of the cases irrelevant to me?)

 

2. What is meant by letters marked 'without prejudice'.

 

3. Do i just send a my correspondence e.g. LBA, Prelim, subject accesetc. I also send schedule of charges, schedule of charges with 8% interest and

my statements

 

4. the rest of the information as listed in the court bundle. Number the pages and send a copy to the court and Abbey?

 

 

Any advice is appreciated

[charleyfarley]

Hi Femstar,

 

2. "without prejudice " is marked on correspondence used to try and achieve an out of court settlement and cannot be used in court.

 

1. I've started to read through the bundle and I would say all the cases are relevant to my claim, so I would presume to yours as well. I would interpret Bookworm's words to mean that this is not a template to copy slavishly, but more of a guide. You now need to understand everything to be able to present your case in court when the time comes.

 

3. I guess correspondence means everything that has passed between you and Abbey

 

4. I reckon the most important thing is the page numbering and the index, because you don't want to look like a plank if you end up in court. You want to be able to turn easily to a document and be able to refer the Judge et al to the same page.

[Mad Nick]

Femstar, suggest you post the wording they sent. Mine said something like "both parties to send copies to the other and the Court no later than 14 days before the hearing of all documents on which they intend to rely at the hearing". That equals "court bundle". But if it really said nothing, I would be tempted to do it anyway. Regards, Mad Nick

[Femstar]

Mine just said,

 

TAKE NOTICE that the trial will take place on

 

25 May 2007 at 11:00AM

 

at Swindon County Court, The Law Courts, Islington Street, ....

 

When you should attend

 

15 MINUTES has been allowed for the trial

 

Please Note: This case may be released to another judge, possibly at a different court.

[Femstar]

Cheers CharleyFarley,

 

I will do just that. They are not gonna escape

[Femstar]

Hi Fellow Strugglers,

 

I called Inga Kirkman @ Abbey to check if they had my address and also test the waters regarding getting paid early as my court case is on the 25th of May.

 

She wasn't aware of the case but has asked me to send her the following by email so she can make a quick decision

 

1. Schedule of charges and to quote her 'did you get your charges from one of THOSE websites' as if we are a bad lot?

 

2. My case ref

 

3. My telephone number

 

My question is this. My schedule of charges now includes 8% interest as advised in the library templates section. Is this correct? Can it invalidate my case?

 

Also i will send her the interest charged while overdrawn? Is this correct?

 

Has anyone been paid via this method?

 

Tips, Help and advise welcome

 

DONT GIVE UP. I HAVE BEEN AT IT FOR NEAR 6 MONTHS

[Lula]

Hi, yes send her the up to date spreadsheet with 8% included, also add at the bottom, so that she cant say that she didnt see it, your court fees plus any AQ fees Have you done your court bundle? if you have you can ask for £9.25 per hour preparation as a litigant in person, strictly speaking, in small claims you cant claim this, but if it gets them out of court, then why not, dont try and get fobbed off by her, you have time yet, you cant reject their offers and sit back and wait.

 

Sorry this should read you can reject their offers and sit back and wait

[adamc6671]

Hi Femstar - sounds very much like an early call to Inga may proove to be a very good idea! I'll watch your thread with great interest, and may well try a call to her before we do our Court bundle - would save a great deal of work if she'd settle at that point!

 

As regards 'interest charges while overdrawn', I calculated the point where my O/H's account would not have been O/D if charges had not been applied, and claimed all interest added to her a/c from that point. We're some way behind you - filed claim at Court 2 days ago. If you're interested thread is 'Tish vs Abbey'

 

As regards claiming costs of preparing case, I've noticed several people claiming from Inga (successfully) actual cost of paper, ink copying Etc for 'Bundle' ( as much as £80) in addition to the time element - must be worth a go!

 

Very best of luck with your claim - mind you, you won't need it - you will win!

[noobrider]

While it may well gain a result, I know from experience that Inga is very shrewd and pretty much follows process. Her job essentially is to delay the claim as long as possible and try to negotiate for reduced settlements or find fault with badly prepared cases in a vain attempt to save money.

 

Don't want to burst any bubbles more manage expectations

[adamc6671]

Duly noted Noobrider! Totally agree with 'managing expectations'.

[Femstar]

Hello Guys,

 

I just added the interest charged to me while overdrawn and it usually ranges from £0.01 upwards. The transaction code on the microfiche would usually be 'imb' with the charge next to it. This is how i arrived at the interest charged while overdrawn.

 

I hope this is correct.

 

I will email her as soon as i get the feedback. I will be keeping everyone posted

[FOXYLADY1970]

hi femster i rang inga few weeks ago but she just said she will look at my case and get back to me guess what im still waiting do you think I should email my details etc onto her now as directions are being sent by court in next few days and might save me some time and not have to get together my court bundle

[Femstar]

Worth a try. Anything to speed the pay out.

[FOXYLADY1970]

Hi femster i have been advised my case is going fast track what does that mean i should know i have read enough of these threads but forgot?

[Femstar]

Hey Guys,

 

Quick question about the court bundle.

 

1. Does correspondence include all the mail i have received from the court or just between Abbey and myself.

 

2. Apart from the link i need to print off i.e Early day motion and OFT summary, everything else i.e Relevant case summary, Dunlop, Unfair traders acts and Supply goods act are already in the court bundle zip and should be printed as they appear.

 

I have read a couple of threads saying google 'UTCA etc when it is in the court bundle zip. I am confused

 

Thanks

[Karne]

Hi Fem

 

1. YES - excluding offers to settle marked without prejudice.

 

2: YES most things are in the bundle...some people having trouble opening so are sourcing from elsewhere. Once the bundles printed you can check you have all you need and go back and find anything missing.

[Femstar]

Please Everyone,

 

When getting together my correspondence for the court bundle, does this mean?

 

1. letters from myself to Abbey

2. Letters from Abbey to myself

3. Letters and information regarding the case from the court to myself

 

I just want to make sure i get it right.

 

P.S. Do you calculate the 8% up to the present day or leave it at the day the case was filed in court?

 

Thanks everyone and Stay Strong

[Michael Browne]

1 Yes

2 Yes

3. Only necessary in your own bundle

 

P.S. Do you calculate the 8% up to the present day or leave it at the day the case was filed in court?

Day you filed , daily rate will take care of the rest.