Fendyweather -v- Abbey - Round 2

[Fendyweather]

Re: Fendyweather -v- Abbey - Round 2

Hey there Tuttsi,

The telephone conference was a piece of cake. A little daunting at the time I had the first one purely because it was unknown territory,, but really truly, its fine. Nothing to worry about at all. I found that because I was a litigant in person, the judge was very calm, cool, and made everything sound so easy. He had the patience of a saint because he obviously knew I was a total novice at this claiming thing. Just ensure you have pen and paper and everything to hand and make notes of everything hes saying. You might need to refer back to stuff later, but basically all it is for is to decide which track the claim is to be allocated to, and either way small claims or fast track youre home and dry. The one thing I did stipulate though was my desire that the defendants i.e. Natwest at the time, give a breakdown to court of exactly how each of their charges had been arrived at, they squirmed a bit when I said that but the judge upheld it and said he agreed, that they must do that.................... thats kind of when I knew I had it in the bag, even though they wanted to go for full disclosure, but on account of my claim was huge 16K they tried to stall as much as possible. Seriously you dont have to be einstein and you dont have to know much about the legal process, Im sure you will find the judge will be patient and kind and very informative because he knows you dont have legal representation. They tend to go really easy on us mere mortals of non legal brained ness. Lol Lol Lol xxxxxxxxxxxxxx piece of cake. Trust me, you have nothing to worry about, you dont need to sound like a professional, just a normal human being trying to find your way through the process.

ALL THE BEST. IT WILL BE GOOD EXPERIENCE BUT DO GO THROUGH WITH IT. THE BANKS TEND TO HOPE WE WONT SHOW FOR THESE CONFERENCES, BUT ENSURE YOU DO. DONT BACK DOWN NOW........... youve nothing to be afraid of. Truly. xxxxxxxxxxxxxx Fendy xxxxxxxxxxxxxx

[Fendyweather]

Re: Fendyweather -v- Abbey - Round 2

And yes, it did work in my favour................... I won, all sixteen thousand pounds back................xxxx

[TUTTSI]

Re: Fendyweather -v- Abbey - Round 2

Thanks Fendy, mine is for a lift of a stay against Abbey, which the courts did a blanket stay on their own motion. I have a case of genuine hardship and benefits which they have taken from me, whilst they were taking all those charges.

Dsxx

[Fendyweather]

Re: Fendyweather -v- Abbey - Round 2

OK, brief update, filing at court Monday morning 7th Jan with full CCI against Shabby for just over £5.5K for claim number 2 with POC thanks from Kafka. Cant do anymore right now, but file and sit and wait it out.

Fendy xxxxxxxxxx

HAPPY BAPPY NEW YEAR PEEPIES. xxxxxxxxxxxx

[TUTTSI]

Re: Fendyweather -v- Abbey - Round 2

Good luck with your claim Fendy.

I did not go for a telephone conference and requested a hearing in person, when I turned up for the hearing to have the stay lifted, the DJ told me that all bank charge claims are being transferred to Central London Civil Courts and the request of his Honour Judge Paul Collins for bulk hearings. That was in November and we are now in January and still no date has been set.

I am going to write a letter to him....as this is not fair!!

Ds

[Fendyweather]

Re: Fendyweather -v- Abbey - Round 2

Best of Luck Tutts............................. but remember, stay chipper throughout. Dont let the *ankers get you down.

Well I did it. I have just left Keighley court, approximately £418 squid lighter than I was this morning. The cost for filing three claims this morning. Yorkshire Bank, Natwest Claim 2 and Abbey Claim 2, all with CCI, yaaaaaaaaaaaaaaaay,, go me, go me, go me.......... Its done, the ball is now in motion....................... Yippeeeeee, although a bit skint now, feel fantastic. New Year, new start again....... with much gusto and enthusiasm for the process, but am gonna need cart loads of help with arguing the CCI no doubt, but flippin eck, those POC from Kafka for CCI are amazing. The lady at court said, Did you do these yourself,,,,,,,,,,,,,,,,,,,, I just laughed. Lol xxxxxxx

Will keep popping in peepies between the whirlwind of everything else that is my life, keeps whirring.......... to update you all how its going. Charges are from April 98 to March 99 and one charge dated 30th December 04, just for good measure.

TOTAL CHARGES £1827.00
CCI ELEMENT £3831.23
S.69 interest at 8% £1309.82
COURT FILING FEE £225.00

TOTAL CLAIM IN ALL £5883.23. Yaaaaaaaaaaaaaay.

THERE IS NO WORSE ACTION THAN INACTION. YAAAAAAAAAAY XXX

[Xena]

Re: Fendyweather -v- Abbey - Round 2

I'm pretty sure you can't claim CCI and s69. Its one or the other.

I was going for the CI route but thought against it, largely due to the advice from Cet and Ame.

[TUTTSI]

Re: Fendyweather -v- Abbey - Round 2

Best of Luck Tutts............................. but remember, stay chipper throughout. Dont let the *ankers get you down.

Well I did it. I have just left Keighley court, approximately £418 squid lighter than I was this morning. The cost for filing three claims this morning. Yorkshire Bank, Natwest Claim 2 and Abbey Claim 2, all with CCI, yaaaaaaaaaaaaaaaay,, go me, go me, go me.......... Its done, the ball is now in motion....................... Yippeeeeee, although a bit skint now, feel fantastic. New Year, new start again....... with much gusto and enthusiasm for the process, but am gonna need cart loads of help with arguing the CCI no doubt, but flippin eck, those POC from Kafka for CCI are amazing. The lady at court said, Did you do these yourself,,,,,,,,,,,,,,,,,,,, I just laughed. Lol xxxxxxx

Will keep popping in peepies between the whirlwind of everything else that is my life, keeps whirring.......... to update you all how its going. Charges are from April 98 to March 99 and one charge dated 30th December 04, just for good measure.

TOTAL CHARGES £1827.00
CCI ELEMENT £3831.23
S.69 interest at 8% £1309.82
COURT FILING FEE £225.00

TOTAL CLAIM IN ALL £5883.23. Yaaaaaaaaaaaaaay.

THERE IS NO WORSE ACTION THAN INACTION. YAAAAAAAAAAY XXX

Fendy on your POC did you quote the case called Sempra for CCI, as I am planning on doing my Halifax claim and I understand that this case agrees the Compounded Contractual Interest.

I also agree with Xena that you cannot claim the statutory interest as well as CCI. You can claim though the 8% on a daily basis once the claim has gone into court. I may be wrong.....

Good Luck with it anyway, it is just a waiting game now.

Ds

[Fendyweather]

Re: Fendyweather -v- Abbey - Round 2

Tis a good job court returned my N1's then isnt it, Lol Lol. Somebody up there is looking out for me I think. On the N1's I put my name as my name with my middle name as an initial, and apparently that isnt allowed. The court has returned my cheque of £418.00 with all the forms and spreadies stating I have to fill in my full name. So more work involved in reprinting everything off but it means now I can amend the claim to take off the 8% seeing as I cant go for both. Thanks peeps for the advice. I didnt think I could, but I thought I had better show it on the N1 in case judge doesnt aware me CCI and ends up awarding me 8% instead. I thought it best to show how much it was just in case. And I now obviously need to look up this SEMPRA thingy........................ anybody any ideas where I find out about it and why I need to show it on the N1. ?? pointers anybody ??? Thanks once again for all the support from everybody. It really helps. Fendy xxxxx

[Fendyweather]

Re: Fendyweather -v- Abbey - Round 2

Right, bit of a back track on this claim Im afraid peeps. Ive been reading reading reading up everything I can find everywhere about contractual interest, and I have to confess Ive bottled it. Furthermore, hubby had a barney with me over something trivial a couple of weeks ago and jumped on my laptop and thus I have lost all my spreadies, letters, files, work, everything, including a book I had started to write, everything gone, gone, gone. Anyway, cutting a long long story short, I have now forgiven him cos hes bought me shiny new laptop and a great big apology, but sadly I am going to have to work from my hard copies of spreadies on all three claims, Abbey, Natwest and Yorkshire to get all the info and spreadies together again and retyped up on shiny new laptop. So I have my work cut out this week in redoing all three claims, but after reading up muchly muchly moo on the CCI elements, I realise, Im not Einstein, and Im not going to get caught out by any Judge who tries to baffle me with science, and take advantage of my not getting my head around the arguments, I know what to say if challenged, but it depends how in depth he would want to go on my argument, and I feel strongly I would lose and get tongue tied, so Im going to stick to standard 8% interest on all three claims. Its a big loss to me, i.e. halves the three claims approx. but the way I see it, GREED IS THE DOWNFALL OF MANY A MAN, so Im being kind, and simple, and sticking to a tried and tested formula of what I know. So gonna do bog standard 8% when I refile at court this week, hopefully Friday I think. I should have managed to redo all the spreadies by then I think, and before anybody asks, yes hubby is forgiven for jumping on old laptop because life is simply too short to sulk forever. I cant do with a sulker. Best to smile sweetly, forgive and chalk that one up to throw back at a later date if ever hes having a stonk about something. Lol Lol Lol xxxxx Fendy xxxxxxxxxxxxx

[Xena]

Re: Fendyweather -v- Abbey - Round 2

Very wise move Fendy re the CI element. 8% is more than plenty.

[Fendyweather]

Re: Fendyweather -v- Abbey - Round 2

Thanks Xena..................... as I see it, everything happens for a reason, and the court returning my N1's as I had missed off my middle name on them, happened for a reason, ie. Fendy, think again, are you really clued up enough to tackle CCI in depth without falling over yourself, and the answer to that one is clearly NO, so Im not going to pretend I know and be silly when I dont. Im just not clued up enough to do the CCI if I was challenged by judge or banks representatives on itl............... and so I would rather KISS (keep it simple stupid). Its what I know, and therefore, more likely to win under that principle, plus Im not greedy, as much as the extra would be lovely, I still see it as money that was gone forever, which is a nice bonus that I can get back. AND GREEDY IM NOT.............. so playing safe. Thanks Xena............. Fendy xxx I promise I will get those letters for SAR to you today. Honest. xxxx I just gotta retype them out on shiny new laptop first.

[TUTTSI]

Re: Fendyweather -v- Abbey - Round 2

Hi Fendy
I think you are doing the right thing as I came to the same conclusion a week or so ago with my Halifax claim. Whilst it looked like a fantastic amount of money if one was to loose and as the claim will undoubtedly be mega bucks it will be fast tracked and you could end up paying the other sides costs. This could set you back loads and as sure as eggs are eggs they would have a Barister fighting their corner and would could pleanty.

Dsxx

[Fendyweather]

Re: Fendyweather -v- Abbey - Round 2

Thanks for that. I know deep down Im doing the right thing. No point starting CCI if I dont fully understand it. I think I will only let myself down if backed into a corner on that one. Well at least good news is Ive finished redoing all three spreadies again, Natwest, Abbey and Yorksy Bank, on the shiny new laptop after hubby jumped on old one and destroyed all my files. Um................................. so a productive week after all. All ready to take back to court and file again on Friday, all three, ouch, another sum of spondoolies to hand over to file. Yippeeeeeee, but at least everything back on track again and filed and started. Yaaaaaaaaaaaay. OH HAPPY DAY. !!!!! Fendy xx

[TUTTSI]

Re: Fendyweather -v- Abbey - Round 2

Hi Fendy
Double check it this time, before you go to court, dot the iii'sss and cross the tttt'sss

Good luck
DSxx