Feater v Abbey

[reka]

I didn't include any documents that i recieved from the court as both paties already had copies, although i did take then to court with me. My bundle was 100 pages long, and the Judge was p-leased with the bundle and statement of evidence

 

you seem to be doing it correctly

 

Good luck

[feater]

just gone over my statements against my charges list and I know there was a charge of 60 quid from a letter notifying me of the charge but now I can't find it and it's not listed on my statement... I also notice I've missed about 70 quid off which I've now noticed on one of my statements. Should I ask to amend the claim or hope they wont' notice? Really dont' want to ruin my case over this..

[feater]

Bump

[reka]

Whatever the total you put on the N1 should be what your schedule of charges is. If you have found additional charges that you have not included then you have 3 choices,

 

1) leave the charges that you missed, ready for a second claim after you win the first claim.

 

2) Leave the additional charges

 

3) Amend your claim with the court, i think you do this via an N244, and costs £65.... i am not sure if that is accurate but its along those lines i believe.

 

DO NOT take a chance and try amd slip something in and hope they will not notice...because they may just notice. Do it all by the book

 

Hope this helps.

[feater]

Hi Reka

 

Thanks for the reply. It's not really the additional charges that I'm concerned about, it's the extra £60 which I have included on my original claim but now can't find the letter with the charge details on...

[feater]

Actually no need to panic.. remember now.. It was the difference between my last statement and a chasing letter to clear the balance.. I hadn't used the account in over 2 months so I know this was more charges..

[reka]

LOL, you lost me, but so long as you know what they are and they are acurate.

[feater]

I'm not mad.. honest! Last statement showed balance at -£100... Then I got chasing letters for £160.00... so as I hadn't used the account the £60 was additional charges.. If that makes sense.

[feater]

Finished my bundle... But after going over all statements and matching up charges, etc found another £300 worth.. Will definately be amended my original claim if allowed! Can't believe I missed that many first time round.

[feater]

Got a letter today from abbey saying that they have asked the court to stay my claim pending the test case. My court date is in 2 weeks and I have not received a bundle from them though I did put mine in in plenty of time. Is it likely they will get a stay when a date and time has already been set by the court?

[Leecabs]

Its not certain at this point, its done on a case by case basis. I would keep in touch with your court and carry on as normal for now.

[feater]

My original court date was for 21st August 07. I submitted an N244 form with my bundle as I wanted to include more charges.

 

I did not receive any bundle from Abbey by the 7th Aug which was their cut off date. I did receive a letter from Abbey that they were going to apply for a stay.

 

Received notification from the court that Hearing has been allocated for 21st August to discuss amendment of claim.

 

Called Court today and they have confirmed this is still going ahead despite my letter from Abbey.

 

I have printed out both a rejection to stay and an abuse of process Order just in case the Judge will allow these.... I would also like to bring a wasted costs order (again just in case)... Is that being really cheeky to try and get all this done at a hearing rather than waiting for court date?

Also does anyone have a good breakdown for costs that I could copy?

[Leecabs]

Hi Feater goodness you claim is going along well compared to alot of others, I would read through arguments against Stay well. As Abbey may well argue for a stay on the court date, to which you will need to read off the points against them being able to stay.

 

Good luck!

[feater]

Hi Leecabs.. think maybe the amendment may have been a blessing in my case as W London are starting to put a stay on most claims...so my court date got changed to a hearing on the same day.........

I've got all the basics in mind regarding the stay.. and have printed off documentation from the site which has helped.

Any links for wasted cost breakdowns which you know of?

[Leecabs]

Hmmm in the current situation not sure if you should worry about wasted costs until after the case has been heard as it will distract you best to stay focused I would think on winning first then apply for the costs after.

 

Does anyone have a link for Feater concerning the costs?

[feater]

Think your right, might just see how it goes and then ask if it would be ok to submit one after....

Ta for reply and I'll report back on this thread if anything changes...

[Lula]

Feeater

 

Just do a spreadsheet for all your costs, printing postage at £9.25 per hour have a few copies ready. and present it after your case. I am presuming that you have done a bundle etc etc

[feater]

Hi Lula

 

Yep, bundle was handed in well in advance along with N244 form. I'm looking for a spreadsheet or list of wasted costs to bring with me. Do you know of any threads that have this included?

[Lula]

it is in the libraries section, do a search or go look it up, I would, but I am on my way out lol

[feater]

Found one. Thank you

[feater]

Sorry for delay in update..... went to court on Tuesday.

Abbey didn't turn up.. suprise suprise....

DJ allowed my amendment of amount to be included. DJ was staying most cases (which I knew by seeing other peeps coming out with glum faces that morning).....Asked if I objected to stay... Said I did.. (had draft order in multiple copies but DJ didn't need them) so I gave him my reasonings ie... They knew about OFT case long before it was announced so should have requested Stay within 14 days of my claim being filed or 28 days after their intention to defend..... No mention of stay in their defence either. In my opinion they had more than enough time and ample opportunity to request stay...... No documents/bundle submitted by the 7th August to either myself or the court..Instead I got the standard letter about stays being requested. Explained that I was flooded over a month ago, was in a hotel for 3 weeks and still managed to get my bundle into the court in plenty of time....

Then DJ asked if I would be prepared to argue my case if he gave me a hearing date.. Said I would and if necessary would (hopefully) have backing from CAG if Abbey were to attend. He also said that I should appeal if worst case I lost as then I would still get money back if OFT win their case....

I then asked if he could stike out defence as abuse of process (again had copies of draft order which I duly handed over).... DJ read through the order and said that he wouldn't strike out defence as this was only a hearing to allow the additional charges but he would draft an order for Abbey to explain their absence, lack of bundle etc. He also said that he would not allow them to enter any further documentation which they would be able to rely on in court as they had not previously done so.

I think this is really good news but I may be wrong and they may not settle before hand and I may well be up in front of the judge again!!

When I get the draft order from DJ I will copy here.

Just goes to show that it's worth being organised.. My date was only a hearing regarding the amount I was claiming and managed to get the potential stay lifted and take away the opportunity for Abbey to submit any further documentation (including request for stay) at the next court date.

[ohoh4312]

Hi Feater

 

Well, in light of recent events, I think that is an excellent result! Especially the Judge not allowing them to file further documentation - ooooh that is going to catch them squarely between the eyes!!

 

Well done you for standing your ground - it proves that preparation does pay off, along with an obviously impartial Judge;)

 

Absolutely fantastic, to be honest, well done again!

 

Lotsa luv

 

Jo xx

[Leecabs]

WELL DONE FEATER!!!!

 

That looks very good so you havent been stayed and will not be! Congrats did he hint about a court date?

[feater]

Thank you both. I was very pleased and really suprised, felt sure I was gonna leave with a grimace!

 

He said he'll draft the order and I should get a date in next couple of weeks.

[feater]

Just remembered something else,.. thought he was going to argue for Abbey as they weren't there so I asked if that was the case and he said no not at all.. so I said that's good cos they can't be bothered to turn up so would be suprised if you did.. If I've not already mentioned it I am a bit cheeky