Camdenite Vs. Abbey

[Camdenite]

I have a log in & password I set up myself. You mean access to AD Ltd's info right?

[Lula]

Well it is worth a try, but i doubt that you will able to as you are not the person that did the claim, but try anyway

[Camdenite]

No luck on MCOL. It only lets you look at claims you submitted.

 

So may tasks are as follows then:

 

1) I complete the AQ tonight. Which track do I go for?

 

2) I do a new N1 for the full claim, minus GWG + interest and include my POC reflecting this new amount

 

3) I complete the N244, changing the amount of the claim, and give the reasons why I am now representing myself and have dispensed with the services of AD Ltd.

 

Any input appreciated.

[Camdenite]

i've just realised I have six years and seven months worth of charges. Do I go for the extra seven months?

 

Any help regarding the above post would be most welcome too.

[Camdenite]

AQ question: "Have you made any application(S) in this claim"?

 

I am about to make an applcation in order to inform the judge that the lay representative is no longer working on my behalf. Is this all I need to put? or should I leave it until I get there and see if the N244 is neccessary?

[Camdenite]

I filed my AQ today along with the Application Notice informing them that I had dispensed with AD Ltd. and gave the new total of the claim. I'm £165 lighter after that! I now need to inform both AD Ltd & Abbey in writing of the change of directions. Can anyone point me in the direction of a template or suggest anything?

 

Also, any suggestions as to what I should be looking out for (such as abuses of process etc.) by anyone who has been through anything similar? I really don't want to mess this up.

[Camdenite]

I've got a horrible feeling I've messed up the N244 and not include the Statutory interest on my new claim amount.

 

Basically the woman behind the counter said I should deduct the amount of the previous claim £4997.50 from the pre-interest amount of £11,966.50. This gives a total of £6,969.

 

I was then told to put in the reasons for the change that I "want to increase my claim by a further £6,969".

 

That isn't correct is it? I takes no account of the Submission fee, AQ fee or the interest. It's about £3k in interest so i want to still claim it if possible.

[Lula]

I think is you gave the amount at XX plus S69 interest then you might be ok,but without seeing them both then i couldnt say

[Camdenite]

Thanks Lula. I'm not sure exactly why she stold me to only put the additional amount without interest on the Application Notice. I certainly made no mention of S69 interest on the form. I can't even recall if she accepted my new POC alongside it.

 

I know that I went down armed with 3 x new N1's with POC's attached. I know that I printed off four sets (one extra to go with the N244 or AQ), but once I realised the N1 would not be required I put them in the office shredder when I got back!

 

Any ideas what I should do next. Call them Monday, I fugure?

[Camdenite]

All sorted (hopefully). I was allowed to ammend the original Application Notice without filing a new one, which saved me £65:D .

 

What should I expect next an acknowledgement of service from the court?

[Camdenite]

Does anyone know if I can legally demand that AD Ltd. (originally my lay representative) provide me with all correspondance between themselves and Abbey?

 

I am slightly concerned that there could be something that may prove crucial when I have to prepare the bundle.

[Camdenite]

Sorry to bump my last question:o , but does anyone know where I stand on this?

[Robdblynd]

Have you approached them to ask for copies of all correspondence between themselves and Abbey?I'm no expert but I would have thought that as they were suppoesdly acting on your behalf and you were paying them to do so, they should automatically have copied all correspondence to you so that you are aware of what's happening. As it seems from your question that they have not done so, I would ask them to forward copies of all communications between themselves and Abbey and give them 7 days. While you're waiting you could perhaps research the legal position so that you're ready if they don't comply. As a last resort I suppose you could SAR them as they are holding and processing your data, so they would have to send what you want then surely.

[Camdenite]

Thanks Robdblynd. I've only asked for it over the phone, and been flatly refused. Mind you that was while they we're working on my case. I'll write to them today and see where I stand legally in regards to a SAR. My concern is that they never responded to Abbey on my behalf over the GOGW. That could compromise my position, I guess?

[Robdblynd]

Can't understand why they would refuse. Whenever a 3rd party has been acting for me I have always received copies of letters written by and received by them along with copies of any other documents they have received.

 

As for GOGW, it's a long shot but why not ask Abbey what their letter said, better still, try to get a copy sent to you? They always send a letter after a GOGW has been made.

[Camdenite]

Just tried AD Ltd. again over the phone and they have said that it will be posted tonight:) . i had to threaten to get legal with them and that it was my right as a claimant etc., but it worked.

[Camdenite]

Great! Just what I needed:mad: . Abbey have cancelled my overdraft! I had a feeling they we're going to do this. From what Ive read before, they are within their rights to do this aren't they?

 

The primary concern though is that the cheque I wrote to the court for payment of my AQ & Application Notice will now bounce. I have access to a savings fund and can go into the court and give them cash, but do they strike out claims if this happens?

[Robdblynd]

Did they give you 28 days notice of withdrawal because they have to under your T & Cs? If they haven't and you've found out by checking your account in some way, ring up and ask because their systems are all to pot at the moment and what's off one day will be on the next.

 

Gotta be worth a try.

[Camdenite]

Cheers Robd'. I discovered this at the cashpoint yesterday evening. I saw that the "available balance" didn't look correct. I've had nothing in writing from them. I've been out all morning, so will call them soon.

[Camdenite]

Just an update. Abbey claimed they had written to me to tell me that my overdraft had been "reviewed" and when I demanded that they sent me a copy of the letter they duly obliged by fax.

 

I figured there was nothing I could do but call the court and explain that the cheque I had written was about to bounce on them. They we're most understanding and I am going in tomorrow to pay them cash over the counter, in order for the case not to be struck out.

 

The heartwarming bit though was that the lad on the other end of the phone said to me, "You're lucky mate, Abbey closed my account when I started a claim". Just goes to show that we have some allies in the courts too.

[Camdenite]

I have been informed by the court that a Preliminary Hearing has been set for the 17th July. Is this a little strange, given that I've already filed the AQ? Given the size of the claim, it's unlikely to go under the Small Claims Track isn't it?

 

The Order makes Six points, two of which are most interesting:

 

"In the event that one or both parties fail (either in person, through a proper representative or in writing) to attend the hearing the Court shall make such order it sees fit including striking out the claim and/or Defence, as the case may be".

 

Does this indicate that the Judge is likely to strike out the defence if Abbey don't turn up?

 

secondly:

 

"Notwithstanding the value of any claim and whether it falls to be allocated to the Small Claims Track or otherwise it is the provisional view of the Judge that the costs rules for the Small Claims Track should apply to them all".

 

This means I can't be liable for any costs, right?

 

My one other question is regarding the right of Abbey to have the case set aside or stayed. I see there are plenty of times they have. Is this the norm with them?

[Camdenite]

Bump... Anyone help?

[Robdblynd]

1) Yes

2) Yes

 

3) Abbey automatically apply for a stay, they sometimes don't get it if the judge is particularly lax, more often than not they don't get a stay.

 

A set aside only applies after one side has been granted judgement and will only be granted if there's a really good reason for it to be granted.

[Camdenite]

Cheers Robdblind. All sounds very encouraging then. Am I right in thinking I can appeal against the stay, if granted?

 

You mean they sometimes DO get it if the judge is particularly lax, don't you?

[Robdblynd]

Sorry, yes that's what I meant. Was trying to do too many things at once and got my dos and don'ts mixed up. :o