Ive won *£6494.93* Ive won (LIP v Abbey)

[Beaker_smiles]

Hi LIP,

 

You've been busy while I was away. I hope everything starts to speed up now you've filed your ammendment.

[lostinparadise]

Thanks Beaker Smiles!!

Karn, nothing has moved on as i have been a bit busy this week and have to wait for pay day to file the allocation questionnaire.

Will update you all once i have an update.

LIP:rolleyes:

[BOF1951]

Hi LIP,

 

I am about to start the process of taking on Abbey and have been looking at various threads and the FAQs for help and advice. I have just spent the last 3 hours going through your thread and noting down bits of information from various posts. I didn't notice the time go by!

Thank you for posting a very detailed history of your problems with Abbey and how you were taking them on. Brilliant! Thanks also to the others for the help & advise they have given you, it has helped me as well.

I look forward to your post saying the illigitimi have paid up!

Cheers,

BOF

[lostinparadise]

Original Financial Claim

 

Yay its pay day = Allocation Questionnaire day!! (Salary - £100 + a million bills LOL)

 

So filling this in now to hand in tomorrow. Its been good to have a break from this. The last day to hand the AQ in is Monday......let you know what happens.

 

oooppps by the way i just received a charge from my parachute account.....a bit careless but a cheque i wrote took ages to get to the bank....ill be polite, then if i dont get what i want ill rough em up. They dont know whats in store.

 

Ill post if i have any questions on this allocation questionnaire.

 

No news on the amended claim yet and no response to the email i sent back to DLA RE: 50% offer which i refused.

 

LIP:-D

[lostinparadise]

Thanks Karn.

 

Question to anyone....

 

In section D of the Allocation Questionnaire do i put the total amount of the claim in dispute to be the original amount plus the original interest or do i put the original amount plus the interest accrued to todays date??

 

Im following the template from Jonni2bad (thanks for posting that Jonni2bad)in the banking templates section but it doesnt answer this question.....

 

LIP:???:

[lostinparadise]

Karn, you have posted so many links to others AQ's i cant seem to find one apart from the template!!! I cant even find alanfromderbys thread!! Maybe cos its late.

so now im at the witneses part ive put my name down in the witness name section but what do i write in the witness to which fact part??

LIP

[lostinparadise]

ok, so the bits im stuck on are:

 

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 appropriate, yourself?

 

Witness name: Ive put my name down

 

Witness to which facts: I DONT KNOW WHAT TO PUT HERE??

 

Ive left F and G blank

 

Other information:

 

Have you attached documents to this questionnaire? No.

 

Should i attach again my schedule of charges. They have these already from the N1 form.

 

In the space to add any other info i was gonna add this from the template but am not sure if it relates to part F or can be used here in isolation:

 

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.

 

Questions ...questions but i dont wanna get it wrong...ive read so many threads and thought id come back to that when its time but didnt bookmark em......ho hum.

Thanx

 

LIP

[lostinparadise]

Thanks Karn.

Does anyone else have any answers for the AQ questions i cant answer.

Let me know as ill be handing it in in my lunch break.

Thanks All

LIP

[lostinparadise]

So......

 

Amended Financial claim

 

Heeeeeeeeeeeeeeeeeeeeeeeeeeeeeeelp!!!!

 

After filing my draft order into the courts (for the amended claim), the judge has listed this application for a hearing on the 27th September at 2pm. He wants to see both parties to see what this is all about.

 

I am still handing in my AQ today..........arrrrrrrrrrrrrrrgh what do i need to do to prepare????

 

I rang the court and told them i am bricking it.....and could i possibly sit in on other sessions. They said to speak to the manager when i go to hand in my AQ.

 

Feel sick....but i promise you all i will be getting my money back after all this......(if its the last thing i ever do................ )

LIP:eek: :o

[fergal71]

Hi lost I have just been through exactly the same and received the money paid into my account 2 days before court date with DLA rubbernickers chasing me to close case with courts.... be prepared but expect the same and good luck

[lostinparadise]

Thanks for the support fergal71........really you put in an amended claim etc??

 

OK i have to hand in the AQ in half an hour..........

 

D Case Management Information

Applications

 

Ive just realised this needs to be a yes (rather than the normal no in the template) as ive put in a draft order to amend the original claim and now have a hearing date.

 

Could someone please confirm as i need to make x3 photocopies of this before i take it over to the courts.

 

Please please please..........

 

Pretty please with bells on......

LIP

[lostinparadise]

Ok im off to hand it in....guess everyones busy or doesnt have a comment...no worries.

Gonna say yes to the application bit...

I hope ive done it right!!

LIP:rolleyes:

[lostinparadise]

Ok the AQ has been handed in......my bank account is £100 lighter...boohoo:(

 

shABBEY havent handed their AQ in yet!!! if they dont on Monday they will have a further 7 days to do so. Ill send them off a copy of mine on Monday.

Fergal71 lets hope your prediction is right.

In the meantime ill start putting my docs together to go to court.

BTW the court said i just have to let them know in the morning, but i can go and sit in on an open session. Just to get the feel for whats to come. I can even see the judge who may do my hearing in action. So thats a weight off my mind.

oh what joy:lol:

LIP;-)

[lostinparadise]

Hi Karn,

I thought your hearing was on the 11th Oct. Hopefully theyll settle b4?? You have my 110% support...go get 'em girl!!!

As for my hearing its a NOTICE OF CLAIMANT APPLICATION. Its a 15 min hearing so that shABBEY i guess can put forward their objections to my amendment of my mistake. Seems pathetic as the mistake was so small, but hey thats why things need to be checked and double checked.

LIP

[lostinparadise]

Data Protection Act NON-COMPLIANCE CLAIM

 

SO i received a letter from DLA this morning RE: Data Protection Act Non Compliance claim:

 

Without Prejudice save as to costs

Dear Madam,

 

Further to previous correspondence in relation to this matter, as we believe that you have now been supplied with all the relevant documents, please would you confirm whether you are prepared to agree to withdraw your claim, on the basis that there be no order as to costs.

 

If you are prepared to agree to withdraw your claim, then Abbey National plc will agree not to pursue any application for costs against you in relation to these proceedings.

 

yours faithfully

 

DLA

 

What a cheek!! I had to wait 2.5 months for my statements and they manually typed up some of the information then they told me they couldnt give me the originals as it was corrupted then provided the originals....mmmmnnn you wait DLA!!

What do i do now?

LIP:)

[Odd Fellow]

ONLY WITHDRAW THIS IF YOU WANT TO LOSE THE £30 COURT COSTS.

 

This is what happened to me.

 

Be aware that only in rare and exceptional circumstances would a small claims court award any costs against you.

 

Assuming you gave Abbey every opportunity to comply and sent the relevant LBAs with sufficient time, a judge is unlikely to consider that your action was unreasonable.

 

Be aware that DLA will probably take it to court and that you'll have to spend time preparing and attending. This will probably cost you far more than the £30 that you stand to recover (well, recover after you've had to issue a warrant to this bloody arogant company). But if it's a point of principal, go for it.

 

The facts are strightforward: You asked, they failed to provide. You then demanded threatening legal action if they failed. You demanded again and they failed again. What were you supposed to do now? Roll over or carry out the threat of legal action?

 

Continue if you have the will.

 

Bear in mind, that I speak from experience. From my knowledge of this, I have a quite unique experience of this right now, but it's just experience. I am not a legal person and I won't be held responsible. However, I will say that I do not believe that the ICO visit has any bearing on this right now as Abbey provided the data that you demanded. If it didn't have to, I still feel that it wouldn't have provided it.

 

Feel free to PM me on this

[lostinparadise]

Data Protection Act NON Compliance Claim

 

Hi Odd,

 

I dont want them to have any of my money!!!

 

I want to continue as a matter of principle, as the shABBEy fools have been dragging this out and have taken up a lot of my time.

 

I am worried about going to court but if that what it takes...thats what it takes.

 

So this is where i stand:

 

1/ 3rd August i received a letter from DLA saying Micrfiche info was corrupt thats why they had to transcribe it (after AQ Filed 24/07/06)

 

2, a letter dated 8th Aug from shABBEY informed me that the transcribed info would be sent to me shortly

 

3, a letter dated 8th Aug from shABBEY with the microfiche data which had supposedly been corrupt

 

4, letter dated 8th Aug - County Court – Standard Order for stay for settlement with consent of all the parties. Stayed until 5th September

 

5, letter from DLA as in post 205# asking me to confirm I have everything and the matter is closed

 

· My question is, am I supposed to write something back before 5th Sept?

 

The standard order for stay for settlement with consent of all the parties states:

 

District Judge XXX orders that this claim is stayed until 5th September 2006 to enable the parties to attempt settlement.

 

On or before 19th Sept one of the following steps must be taken:

Either

The claimant must notify the court that the whole of the claim has been settled

Or

The claimant or defendant must write to the court requesting an extension of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert, or other person helping with the process. The letter should confirm agreement of all the other parties.

Or

All the parties must file a completed allocation questionnaire at the court. Where a settlement of some of the issues in dispute has been reached, a list of those issues should be attached to the completed questionnaire. The list must be agreed with the other parties and must indicate that it has been agreed.

 

- Does the AQ get sent to me automatically by the court once the end of the stay time approaches?

- What do I do now? Do I send a letter to the DLA to let them know that I do indeed have all the information I have requested but will continue with this claim for the court costs?

 

I am confused as to my next step..but I do know I want to continue in order to recover my court costs at least.

 

Hope someone can help.

 

LIP

[Odd Fellow]

Be aware that I am have no experience of any of this beyond my own. There are elements that are dissimilar. For starters, there was never a stay granted in my case (nor requested).

 

However, the similarities are close and as I see it you should:

 

1) file the AQ pointing out that as the documentation has been provided, you are no longer seeking this.

 

2) Taking 1 into account, your claim reverts to one of costs only on the basis that Abbey left you with no alternative but to take action and that it wasn't until you had taken action that you were even informed of the apparent corruption.

 

Please, can we get a Mod to take a look at this too and provide some input.

 

When you go to court, you may need lots of paperwork to support your claim. At least 4 copies of all relevant letters (to and from) and a cover sheet showing a timeline of these. Number each relevant page in the documents and put them on the cover sheet as a contents for easy reference.

 

With luck, the judge will not even be interested in the mechanics of the case but the contents cover/summary sheet will be invaluable for demonstrating that your followed procedure. With luck, the judge will consider that seeing as you got the information that you demanded, eventually, that you were justified in initiating the claim and award costs in your favour.

 

With Luck, DLA will be so remiss as to not bother to tell the local lawyer that they have even settled the data element of the claim and he will have spent hours preparing a defence that will not be needed and will have cost a small fortune!

 

Disclaimer (sorry, need to put it in).

Any advice that I give is based on my own opinion only and anybody who follows it does so at their own risk.

[caro]

I am not familiar with your whole thread LIP or particularly with shAbbey, but couldn't you just add the £30 on to your claim for charges? If and when they settle make sure it gets added on then. I believe you can amend the amount right up to the time of settling the financial claim.

 

If I am being too simplistic and missed the issue here please forgive me.

[lostinparadise]

H Caro,

 

i dont think you are being too simplistic.

 

I havent had a Mod look at this thread for ages.

 

So is it as easy as that?

 

I have 2 court actions ongoing at the moment:

 

- One for Data Protection Act Non Compliance for which i have received all the info

- One for the financial claim which i messed up by a small mistake but on the one hand have a court hearing for on 27th Sept for 15 mins to discuss my application to amend the claim. On the other hand ive had a 50% offer (which i rejected), returned an AQ and it seems to be going along as other normal cases.

 

Could i somehow ask for the two cases to be merged?

 

The last day of the stay for DPA Non Compliance is tomorrow - will i receive another AQ automatically?

 

Should i have done anything?

 

Would i need to make an application to amend the claim again to add the £30 court fee for the DPA Non Compliance to the Financial Claim?

 

Odd has given me some excellent advice should the DPA Non Compliance claim go through to a hearing. Thanx Odd, but he seemed to be the first person to go through that.

 

But do i need to go this far.....?

 

Lots of questions but whilst i have a Mods attention.....

 

Thanx for replying

 

LIP:grin:

[BankFodder]

I haven't looked at tghe whole thread but if I understand correctly that you have now received your data so that your clm has now been satisfied. you have to withdraw the claim. However, if they have not provided you with your foxed ccosts of your summons then you can hold out for that as well.

If they have suppied you with the data then you should warn them that they haven't fully settled and that you require the summons costs and then you will withdraw.

This is on the basis that their non-compliance forced you to take action.

However, once they settle your entire claim including fixed costs then you must withdraw as otherwise there is a possiblity of a costs penalty against you.

If the hearing is today then it is too late to write to them. Get to the court early and tell them before the hearing that this is what you want. Get them to agree in writing.

 

You have left this all a bit late

[lostinparadise]

Hi BF

DPA NON Compliance Claim

- I did not have a hearing today.

- Today was the expiry date for

District Judge XXX orders that this claim is stayed until 5th September 2006 to enable the parties to attempt settlement.

- I have received all info for the DPA Non Compliance action. I just want the court fee back!!

Now that the Stay ordered by the Judge has expired do i receive an allocation questionnaire to complete automatically? What is the next step?

Rather than follow this DPA action through to closure, is there some way i could add the £30 court fee to my Financial claim? Caro suggested i could but wasnt sure.

Financial Claim

I made a small error on my original financial claim and had to pay £35 to amend it. I now have a hearing for 15 mins on the 27th Sept to discuss this. Should i prepare a case pack as you would for a normal hearing?

In the meantime for this financial claim i have filed an AQ have been offered 50 % which i have declined.

Lots of things happening on this case and i would really appreciate a bit of direction.

Thanks

LIP:rolleyes:

[lostinparadise]

Hi All,

DPA Non Compliance Claim

...so i rang the court today and they said that i have a further 14 days to try and settle this DPA action with shABBEY. After that i have to write to the court and let them know what has been settled what hasnt/or close the claim.

..so my plan of action is to write a letter to the shABBEY well DLA and say that i now have all the account information however i will be pursuing them for court costs. I will send them a list of everything i tried to do in order to settle the matter. I will let them know that should it go to court the probability i feel will be in my favour to award court costs as they have taken so long to provide me with all my info, they missed the DPA 40 day deadline and i only received the info once court action started, they told me info was corrupt yet i received it and to save them and me the hassle of this i ask they settle this matter out of court and then i will close the claim.

Ill reword it but that will be the general gist....any comments?

Financial Claim Hearing 27th Sept

I would be grateful if someone could advise me as to what i need to prepare for the 15 minutes hearing to discuss the amendment i made to my claim.

I made an amendment to my claim by an application and the judge now wants me to sit in a room with shABBEY solicitors to talk about it.

What should i take in?

Hope someone who knows answers

LIP:confused:

[Odd Fellow]

Duplicate post - browser did something weird, sorry.

[Odd Fellow]

Don't know if it helps, but you might like to reference my claim that is now essentially the same as yours. The number is 6LO00969.

 

Remember, I got judgement against Abbey - I'm sure DLA will remember this too as it's not over yet.

 

Perhaps say that you're aware that a very similar claim was found in the claimant's favour and they might like to consider settling before incuring further costs.