Oddfellow vs Abbey - 100% ish offer received

[Odd Fellow]

Odd, which trainee have you got?

 

Only contact so far has been with Paul Denham. Dunno if he's a trainee or not.

[Jane Austen]

Apparently he's the one dealing with most of Abbey's cases (but not mine). My trainee seems to have disappeared but I just wondered if we had the same as they missed AQ deadlines. It really is a sad state of affairs.

[pugsley]

make sure you tell us when you are on working lunch, I love that programme

[lostinparadise]

Only contact so far has been with Paul Denham. Dunno if he's a trainee or not.

 

Hi OddFellow

Hes dealing with my financial claim too.

Posted the letters yesturday to DLA for DPA and sent them my AQ too. So we'll wait and see what their response is.

1 fight down 1 to go eh Oddfellow....the end is definitely in sight for you

LIP:D

[Odd Fellow]

Apparently he's the one dealing with most of Abbey's cases (but not mine). My trainee seems to have disappeared but I just wondered if we had the same as they missed AQ deadlines. It really is a sad state of affairs.

 

Mr Denham must be working very long hours.

[Odd Fellow]

edit....

1 fight down 1 to go eh Oddfellow....the end is definitely in sight for you

 

LIP:D

 

You never know. I'm playing a hard game with Abbey, so I don't expect an easy win, but also I don't expect it to want to go to court either.

 

Now that AQs are filed (though I have no idea what their's says), I would expect a Allocation Hearing date to be set within the next 8 weeks. This should set a deadline for DLA to make futher settlement offers. However, once a date has been set, I'll start playing rougher.

[Odd Fellow]

Notice today that my refund claim has officially been allocated to the Small Claims Track and that my initial preliminary hearing will be at 2pm on 3rd November 2006.

 

Crikey, that's a long time away. Just think of the 8% interest that's racking up though.

[lisamellor]

just a bit extra to go towards the christmas prezzies then!!

 

good luckxx

[lostinparadise]

Notice today that my refund claim has officially been allocated to the Small Claims Track and that my initial preliminary hearing will be at 2pm on 3rd November 2006.

 

Crikey, that's a long time away. Just think of the 8% interest that's racking up though.

 

Odd, it will be here before you know it. Hang on in there..

LIP

[Odd Fellow]

No, I haven't asked for full disclosure.

 

My wording on the AQ is to the effect that:

 

Defendant has issued penalty charges that do not represent the true cost to the defendant and as such are punative and unlawful.

 

Should I write to the judge requesting that he consider full disclosure?

 

I notice that this is a preliminary hearing whereas my last court appearance for the DPA (more on this below) was for an Allocation Hearing. I guess the difference is that before DLA was pressing for a fast-track route and now it has agreed to a Small Claims Track.

 

The notice from the court reads

 

Before the claim is listed for hearing, the judge has ordered that a prelininary hearing should take place because:-

 

special directions are needed in the claim to prepare for the final hearing which the judge would prefer to explain to you in person

 

I'm not sure if this is standard procedure or not? Perhaps he already has it in mind to order full disclosure or perhaps I'm just reading anything I want into the statement.

 

----------------------

 

Warrant against Abbey for DPA claim

Spoke to the court bailif on this today. He is in touch with the Yarmouth branch of Abbey who are co-operating, but apparently they can't deal with it at branch level. So a request for the £35.00 warrant fee has been put though to the higher ranks (sic) for a cheque.

 

Oh I am enjoying this.

[Odd Fellow]

Just Spoken to Paul Denham at DLA.

 

He's either VERY on the ball, able to type silently or has very little caseload. Another possibility is that he had the case in front of him and is preparing something....

 

Anyway, I gave him my name, told him that I am litigation with Abbey and I'd emailed last week to request a copy of the AQ and that I hadn't had it. I asked whether the claim number would help and he just reeled it off to me!

[Odd Fellow]

Just had DLA's AQ faxed through.

 

It has agreed to the claim being Small Claims and is suggesting that it will present an Expert's Report at the hearing.... This I've got to see.

 

The experts report will deal with WAIT FOR IT - WAIT FOR IT!

 

Analytical and forensic accounting examination of charges and comparison of charges within the industry

 

Please, all this laugher is too much. But it gets better - no really. In answer to the question:

 

Have you already obtained an expert's report? NO!

 

Ummmm. Surely the bank has a equation of how its charges are constructed? If it doesn't perhaps it just compares all its rivals and says, "Yep, well set that charge in line with Brat Best, that one in line with HIJK and that one with, ah, who's the most expensive?"

 

What a joke this is.

[lesser1010]

i fully agree.it's an absolute disgrace that they can manipulate the court system this way.flames7205 had an order sent to abbey from the judge telling them to produce the expert witness testimony within 14 days and they have replied saying they are unable to comply because they had not yet compiled it.the judge should haul the top man into court on contempt charges.that would stop all this abuse.i have today sent a very long email to my mp about the disgraceful way the banks are abusing the court system.

[Odd Fellow]

edit..... i have today sent a very long email to my mp about the disgraceful way the banks are abusing the court system.

 

For all the good it will do! (sorry, I'm a natural cynic)

[lesser1010]

the way in which these banks treat customers and the courts should make us all cynics

[sammy115]

Analytical and forensic accounting examination of charges and comparison of charges within the industry.

 

Am I being a bit thick here. The judge had ordered the Abbey to detail the 'expert evidence' that they would be using in my trial by the 19th of September. A letter sent to the court on the 18th stated the above, which seems to have been detailed on your AQ oddfellow!

 

Is this classed as details of the 'expert evidence'. I actually expected to see what evidence they were going to produce. Is what they have stated sufficient. What do you think will happen next, a court date for the hearing?

[Odd Fellow]

Analytical and forensic accounting examination of charges and comparison of charges within the industry.

 

Am I being a bit thick here. The judge had ordered the Abbey to detail the 'expert evidence' that they would be using in my trial by the 19th of September. A letter sent to the court on the 18th stated the above, which seems to have been detailed on your AQ oddfellow!

 

Is this classed as details of the 'expert evidence'. I actually expected to see what evidence they were going to produce. Is what they have stated sufficient. What do you think will happen next, a court date for the hearing?

 

I'm afriad that I don't have the experience to answer that question.

 

What I suspect though is that this "expert" report/evidence will never see the light of day. If it existed and could be 100% relied upon to support the defence, nobody would be getting out of court settlement offers and we'd all be losing in court.

 

Given that this is yet to happen, it is my considered opinion that this is a load of ballcocks and simply serves to indicate to the court and the claimant, at least in the short term, that the bank intends to fiercely defend the claim (in the hope that it gets dropped).

[Lula]

Vi will be VERY interested to see if they come up with the goods Odds as I filed my AQ today and the deadline is 4pm, dont know whether Mr Denham aka Love God in Leeds, has filed his AQ yet. Are they obliged to give you a copy of their defence before the hearing date? what is the deadline for that? what happens if they dont? Sorry tobe so full of questions, but with so many people being offered 90 and 95% why arent we being offered the same, there seems to be no set formula in dealing with these cases at all

[lesser1010]

i expect the judges to start to get very annoyed at this failure to comply with a direction from the court.this is one of many with abbey where the have not done as the judge directed.flames 7205 thread the judge directed them to submit the evidence and they said they hadn't got it prepared AND THEN THEY SAID they would prefer not to submit it.keep your eye on that one.

[lesser1010]

i suspect the very reason why they do not have a rigid path that they follow is because they know we all share our experiences on this site (which they monitor) and they have decided that no one claim will be decided the same so we wont be able to second guess them.

[Jacqueline07]

Do the courts liaise between different areas of the country. Are there directives circulated (a bit like internal memos)? - I should know - I used to work for a magistrates court but I can't remember. Surely someone, somewhere should be questioning this as a result of an severely increased workload on the part of the court ??? J

[lesser1010]

i read in a thread yesterday that these claims are the talk of the court circuit.that was told to one of us by one of the court clerks.

[Lula]

I have a theory and it is only a theory, that the big banks have already had the forensic accountants it, they cannot make a case for the defence so they are faffing and prevaricating hoping that we will give up, I do not beleive that they have been sitting on their thumbs all this time and not tried to formulate some sort of decent defence. - This is just a theory mind and I suppose whenthe mercantile court finally sit to rule, IF they ever sit to rule on the cases that are going before them, then the precedent will be set one way or another

[Odd Fellow]

Vi will be VERY interested to see if they come up with the goods Odds as I filed my AQ today and the deadline is 4pm, dont know whether Mr Denham aka Love God in Leeds, has filed his AQ yet. Are they obliged to give you a copy of their defence before the hearing date? what is the deadline for that? what happens if they dont? Sorry tobe so full of questions, but with so many people being offered 90 and 95% why arent we being offered the same, there seems to be no set formula in dealing with these cases at all

 

Failing to file an AQ on time simply gets you another 14 days to do the job that you should have already done. Whether Zeus (or perhaps Oberon is more appropraite?) has filed or not by the deadline is almost immaterial.

 

They are not obliged to provide a copy of the AQ to you, but it's good practice. You should get a copy of their defence though.

 

Perhaps Zeus monitors these forums and decides who's a trouble-maker and who isn't. Certainly, if he's spending all his time reading our comments, it would explain how he can manage to not file AQs etc on time.

 

I think the reason I've not had a 95% offer after my rejection of the 50% offer might have something to do with my rejection counter offer. I told them that if they wanted me to accept their "terms" then they'd have to pay me to do so. I don't think they liked the figure I put on it.

[Odd Fellow]

I have a theory and it is only a theory, that the big banks have already had the forensic accountants it, they cannot make a case for the defence so they are faffing and prevaricating hoping that we will give up, I do not beleive that they have been sitting on their thumbs all this time and not tried to formulate some sort of decent defence. - This is just a theory mind and I suppose whenthe mercantile court finally sit to rule, IF they ever sit to rule on the cases that are going before them, then the precedent will be set one way or another

 

I think you're bang on the money.

 

If any of these organisations had a credible defence, we'd have seen it by now.