baba vs abbey

[ICY]

yes you can still add it, as long as your claim hasnt gone to court already

[babaton]

OK, I've looked at it and my main problem is that my authorised overdraft has varied wildly over the years, It doesn't show on my statements either.

 

Do I need to write to abbey to get this info? If I do then I won't bother, I just want my 2 grand plus 8%. I'm just getting nervous what with the two losing cases in the news recently.

 

Thanks for all the help

[babaton]

Oh one more thing if thats ok, The court fees.

 

According to this County Court Fees

 

I'll need to pay £120 as i'm claiming £2160 but just under that it says :

 

Preparing for trial

Allocation to track:

claims for money of £1,500 or less no fee

 

all other claims £100

 

So, which is it?

[Robdblynd]

It's £120 to file the claim with your N1.

 

The other amount is when/if you have to send an AQ. Forget about that for now, some courts are doing away with them anyway.

 

Goos luck and don't let them grind you down.

[babaton]

OK that sounds ok, but i'm stuck on this bit of the N1 Form :

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

What is the daily rate?

OD interest? this isn't the 8% is it? I'm not claiming for overdraft interest as my overdraft has changed a LOT over the years.

What should I do with this part of the N1 form?

[Robdblynd]

If you aren't claiming any OD interest then forget that part.

 

It should read ;

 

Charges £xxxx (whatever they are)

Interest under s69 County Court Act 1984 £xxx (this is the 8% interest)

 

Plus interst persuant to s69 of the County Court ACt 1984 from date of issue to date of judgement/settlement at ((£xxx)) per day or at such rate and for such periods as the court deems just.

 

In the last paragraph the amount is (charges multiplied by 0.00022) which gives you a figure which is the daily rate and this is the figure you put in at ((£xxx)).

 

Hope that helps.

[babaton]

Thats great, thanks. One more thing, if thats ok.

 

Part C of Particuars od Claim:

 

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim]

 

The date I'm issuing the claim is the date I hand the N1 in at court?

The date the money became owed to me?Is that the date of the earliest charge?

[ohoh4312]

Hi babaton

 

Yes, and yes! You've got it right - I know because I had to check it all too, not coz I'm a smart a**e

 

Best of luck, although luck doesn'y actually come into the equation, but you know what I mean!

 

Regards

 

Jo xx

[babaton]

Thanks ohoh,

 

I'm all set then, Just need to get round to the county court and hand over my £120.

 

I hear the staff at the courts are pretty helpful, do they give the form a quick check just to make sure everything's in order?

[ICY]

I havent taken anything into court personally as i filed using MCOL so havent had any contact with the court apart from over the phone, but i believe they give it a once over before you leave.

[ohoh4312]

Hi again babaton

 

I think the level of service is very much dependant on which Court you go to, but in general, yes, they do seem to be very helpful.

 

The lady I handed my form to just checked that the attached sheets were correct for each copy, and that the figures tallied.

 

As a thought, I wrote the cheque out to "Her Majestys' Court Service", as it said on the big sign above the counter, but she crossed it out and said it should just be made payable to HMCS!

 

Very best wishes

 

Jo xx

[babaton]

Hello Again,

 

OK, I REALLY am going to the court tommorrow to hand this in.Before I do one final question.

 

At the bottom right of the N1 form are four fields for :Amount Claimed,Court Fee,Solicitors Costs and Total Cost.

 

Should I include the 8% interest in the Amount Claimed field? or just the charges?

 

Thanks once more.....

[ohoh4312]

Hi babaton

 

Yes, the Amount claimed is total charges + interest to tomorrows date.

 

You can either print out the Schedule in the morning, or change the date on your computer to tomorrow and print it off today, that way you know the actual figure.

 

Hope that helps.

 

Best regards

 

Jo xx

[babaton]

Hello,

 

I've filed my claim at the county court, hopefully i'll get paid soon.

 

But, when I got home I found Abbey had sent me another letter offering me a further £50 on their previous offer.Should I just write to them and let them know it's too late and I reject their offer anyway?

[babaton]

The lady I spoke to yesterday at the county court said that abbey have 10 days to respond, what happens after 10 days? The case proceeds to course regardless?

 

 

Should I be getting my court bundle ready now? I've read posts where the bundle is 90 odd pages long, seems like a lot of work.

[ohoh4312]

Hi babaton

 

Normally it is 14 days the defendant is given to acknowledge the claim; when you receive the Notice of Issue it will give the date by which they have to respond.

 

No, you do not need to start on the bundle yet; you can, but it might be a waste of time and effort if you settle before this stage. Certainly read up on it though, to be prepared!

 

If they acknowledge within the 14 days, and intend to defend, I believe they then get another 14/28 days to submit the defence.

 

So it is a lot of waiting around I am afraid.

 

Take care

 

Jo xx

[ICY]

its another 14 days they have to submit the defence Jo

[babaton]

OK, so it's 14 days to respond and then another 14 days to prepare their case if they decide to defend.

 

Are those working days or just plain ol' days?

[ohoh4312]

Hi babaton

 

They are "plain ol' days" (love that!), so weekends count too - makes it go a lot quicker!

 

Best regards

 

Jo xx

[babaton]

Thanks Jo,

 

I've just got back from the post office, I sent them one last letter in reply to their measly offer.

 

It went :

 

Thank you for your letter dated 29th June 2007

 

Unfortunately for yourselves your letter arrived too late. I have already started a claim against you at the County Court, you should hear from them shortly.

 

In any case I respectfully decline your offer of settlement.

 

Should you wish to settle in full out of court I would now also require the additional payment of £120 court costs plus interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 28/4/00 to 12/07/07 of £567.98 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.47

 

I hope I haven't said too much but I though I'd give them the option to pay up before court, not that they will.....

 

Thanks again.

[babaton]

bump....

[ICY]

Thats fine, gives them a chance to settle out of court, but as we know they are too damn stubborn and will probably ignore you

[babaton]

Hello again,

 

So, today is the last day abbey have in which to reply to the Notice of Issue. I haven't heard anything from the court yet but they could well have handed in a defence today.

 

I'll call the court tommorrow and find out, if they haven't replied does that mean I've won? I just have to decide how and when I want my beautiful money?

[ICY]

In theory yes, but in practice they can submit late and some judges will allow it to stand, not really fair, as i am sure if we failed to submit something in time there is a high chance the claim would be struck out

[babaton]

That is unfair. Oh well, I just called the court. They submitted an acknowledgement of service on the 26th.

 

So that gives them 28 days from the 19th (when my claim was served) to file a defence. So I guess it's time I started to get my court bundle ready?

 

I assume the court will write to me after the deadline with a trial date?