ICY -v- Abbey

[ICY]

Feel like sending one back saying see you in court.

 

Bundle all printed ready about to send off to Abbey, will cost a few £££ to post, it weighs a ton lol

[andypal]

Shouldn't matter how much it weighs, the heavier the better. It means that you are well equipped. As I have said to you earlier your settlement is near. Good Luck:)

[ICY]

Am i correct in saying I send a copy to Abbey and a Copy to court (will hold onto the court one for now) and keep a copy for myself

 

It looks quite impressive now its all bound together all 184 pages of it

Wonder if they will take notice now and pay me my money, when they receive this they will know i mean business

[GaryH]

What stage of the claim are you at by the way? I've looked back over your thread briefly but I can't really see where you are. Have you even had directions from the court yet?

 

If not then you can't send your bundle yet, becouse you don't know what the court has directed you to provide. You may not even get a final hearing date - it may be a prelim or directions hearing first, in which case you won't need the bundle anyway.

[jules1973]

Gary

 

(Sorry to hijack ICY, but someone has asked me a question and I dont know the answer)

 

I have been asked why we dont need to include the SOGA in the court bundle, and I didnt know the answer to it. Can you help

 

Thanks

 

(sorry again ICY)xx

[clarion48]

Hi ICY,

 

Just 183 pages.......I'm disappointed!! Mine is 229 pages - finished it this morning and sent off this afternoon by Special (next day) Delivery - cost £7.75.

 

Look forward to 'Kicking the shAbbey Habit' now!! Wonder how long til I hear from them?

 

Bundles for both sides are due in by Thursday 14th - my court hearing is 28th - full hearing not a management conference or anything like that.

 

I got so confused on your thread......I thought you had your court date and that's why you were preparing your bundle. Didn't realise you don't have a date yet. I wouldn't send the bundle yet if I was you....wouldn't look good! Great that you have it ready though!

 

Catch ya later

[GaryH]

Gary

 

(Sorry to hijack ICY, but someone has asked me a question and I dont know the answer)

 

I have been asked why we dont need to include the SOGA in the court bundle, and I didnt know the answer to it. Can you help

 

Thanks

 

(sorry again ICY)xx

Becouse it relates only to the fallback argument if the fees were accepted by the court as a service charge.

 

Sale of Goods and Services Act 1982 s.15 provides that where a service is provided without a pre-agreed price, a "reasonable" price will be implied, and that what is reasonable will be a question of fact - I.e in our case actual cost vs. end price of charge.

 

Its irrelevant to Abbey claims becouse there is no question of the charges being a fee for a service - Abbey readily admit that they are damages for a breach and they defend on that basis.

[ICY]

Misunderstood on my part, but nothing has been sent yet, so all is not lost just yet

[kia]

oh god icy get a grip man lolxxkia

[andypal]

Icy!! Icy!! You seems to be slipping a bit. Get into gear and concentrate. You are almost there girl. Com on, stop the 'misunderstandings'

 

Andy

[kia]

icy is a girl someone else needs to get a grip i think lolxkia

[clarion48]

I'm shocked......please tell me it isn't true. I think I know how CF felt now when he found out half of his harem weren't what he thought they were!

 

ICY - a girl!! Surely not?

 

How's it going ICY - any news yet? Got over jumping the gun on thecourt bundle? Your day will come....very soon!

[kia]

dont know how that happened he is a he and hope youve not posted it icy too early xxkia

[popsmassive]

 

Bundles for both sides are due in by Thursday 14th - my court hearing is 28th - full hearing not a management conference or anything like that.

 

I got so confused on your thread......I thought you had your court date and that's why you were preparing your bundle. Didn't realise you don't have a date yet. I wouldn't send the bundle yet if I was you....wouldn't look good! Great that you have it ready though!

 

Catch ya later

 

Hi Clarion, Got same dates as you!

 

My bundle was due 14th too, with a hearing on 28th at guildford court.

 

I sent my bundle to abbey, which they received on 29th May.

I received a settlement letter a week later.

 

I have wrote back to them now claiming costs, obviously if they do not pay i will still turn up on 28th.

[pumpkin07]

Hi Icy

Have you got your notice of transfer cos mine came today.

[ICY]

Got notice of transfer on Tuesday, and no Kia i didnt send anything, and no i am not a she, at least i dont think so lol.

 

Dont know if i have a problem or not yet, but i just received a court order this morning from Oldham courts

 

before DISTRICT JUDGE OSBORNE sitting at Oldham County Court, New Radcliffe Street, Oldham, OL1 1NL

 

Upon reading the court file

 

IT IS ORDERED THAT

 

The claimant must file and serve a proper computation of interest by 27/6/07

 

 

Dated 13 June 2007

 

 

Now as i used the spreadsheet i am not sure exactly how the interest has been calculated, i am rather worried now that he may chuck this out if i cant provide a reasonable explanation, I used the simple excel spreadsheet if that helps

[kia]

oh dunno love and icy ian i know your man it wasnt me who doubted it and a good job about bundle too early dear xkia

[GaryH]

Strange. What interest are you claiming?

[ICY]

Just the 8% that is on the simple excel spreddie

[GaryH]

I'm not sure how to deal with this. I think you need to send the same schedule but with an explanation or formula for how its worked out. Unfortunately I can't help you with that (maths never a strong point!!) but I know someone who will.....

[jules1973]

Icy

 

I received practically and indentical letter to your post #40 except you received this part

 

"I can inform you that our charges are based on the extra administrative work incurred by Abbey when, for example, an account has insufficient funds to meet a requested payment. {Proof please} Abbey believes that it is reasonable to make a charge on such an occasion to pass on the costs incurred by the bank and that these charges applied to the account are fair and transparent. {wheres the £%£$*%£ breakdown then you clowns fair and transparent my butt} Should you require details about specific charges applicable, these are stated in the terms and conditions of your account."

 

and I have received

 

"I can inform you that the value of a transaction, which causes you to exceed your agreed overdraft, has no bearing on the amount charged. Should you require details of the specific charges applicable, these are stated in the terms and conditions of your account."

 

I love that part, as if you breach your contract shouldnt the charge applied put you back in the same position as you were before the breach so that no-one has profited from it, Abbey making a mockery of the law or wot.

 

At least I didnt get an electronic signature, Adrian Alder actually signed it in blue biro.

[MARTIN3030]

Has this order been made because the defence has questioned it......or because the Judge cannot understand it ?

I have never seen this order made before.

Best thing to do is get one of the Mods or sitehelpers to have a look at the figures you have submitted.

[bram stoker]

Icy - could you send me your speady to check through please? vampiress.bag@gmail.com

 

I will then check it and give you a few paragraphs to explain the calculation according to the schedule.

[ICY]

I will on monday, this is the soonest i can do it as my other lappy has blown and all files were on it

[ICY]

Not sure why he has made this order, i inputted everything correctly