Xena v Abbey (fast track)

[Xena]

well the postie didnt bring any good news so the AQ has gone in.....
will wait and see if this goes small claims hope so...lol

[Xena]

thanks ....abbey will give me a hard time i know the buggers!!! just praying like mad that my nice judge puts this one in small claims aswell!!!!

[Xena]

well bl...dy blow me down had letter of dla a michael shires.
another offer which im not going to accept!!!! c u in court shabbey.

a bit complicated... theyve filed aq yesterday blimey on time!!!!
without prejudice!!!! ha ha they want to settle before anymore costs occuring to either of us!!!!!! pooh to that! this is what they say;

my claim 6,424.07 in charges interest of 2,513.90 and court fees of 250.00 right so far. want to reduce the figures for the charges by 75% well they can bugger off!!!!!!! giving a new total of £4,818.05 cheeky bankers!!! in addition they will refund my court fee of 250 (what about the aq fee!!!) and pay me £1,885.42 in interest making a total of £6,953.47. my claim is now £9,187.97 plus aq fee of £100 now what do you reckon guys???? letter of p...s off or accept as partial refund letter!!!

ha ha ha laughing my head off....

[Xena]

well have emailed michael shires hard copy to follow, refusing the 2nd offer. have not heard back from him yet...no surprise there then

[Xena]

got this in the post today from court makes light reading indeed!!!!!!
Right its fast track

Order

1) allocated to fast track

2) disclosure of documents shall be dealt with as follows

a)the parties shall give to each other standard disclosure by list, the lists to be served by 4pm weds 18th Oct
b)any request for a copy or inspection of any document shall be made by 4pm weds 1st nov 2006 and any such request shall be complied with within 14 days of receipt of the request

3) each party shall serve on any other party the witness statements of all witnesses of fact on whom the party intends to rely by 4pm on Wednesday 29th Nov

4) neither party has permission to call or rely on expert witness

5) completed pre-trial chack lists shall be sent to the court by 4pm Wednesday 13th Dec

6) the claim shall be listed for trial during the trial window from Monday 8th January 2007 to Friday 26th January 2007 inclusive with a time estimate of 4 hours.

7) the parties shall exchange skeleton arguments at least 5 working days before the hearing

Not more than 7 nor less than 3 clear working days before the trial, the claimant shall file at court an indexed and paginated bundle of documents which complies with the requirements of rule 39.5 of the civil procedure rules and the practise direction thereto and shall serve a copy of it to the defendant. The parties shall endeavour to agree the contents of the bundle before it is filed. The bundle shall also include

a)skeleton arguments of all parties
b)copies of all authorities and relevant extracts of any authoritative texts or other sources which any party or expert witnesses intends to rely on or to refer to

9)because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with approp fee) to arrive within seven days of service of this order

wow what an order!!!! any thoughts anyone????

[Xena]

fantastic...

a)the parties shall give to each other standard disclosure by list, the lists to be served by 4pm weds 18th Oct
b)any request for a copy or inspection of any document shall be made by 4pm weds 1st nov 2006 and any such request shall be complied with within 14 days of receipt of the request


So when you get the list ask for a copy of the calculations


each party shall serve on any other party the witness statements of all witnesses of fact on whom the party intends to rely by 4pm on Wednesday 29th Nov

thats quite straightforward but dont worry about that till after the lists etc


Sounds to me like the courts a thoroughly ****ed off with Abbey wasting so much of their time. You'll have to take it step by step but I suspect it will be settled after the lists are submitted

Have a look at the court bundle information to help prepare your list - I listed my index of docs on my business thread which might be of assistance.

Someone else also has this in abbey....

[Xena]

thanks karne,

have got the same judge on all three of my claims nice to know!!!

so what do i give them as a list then????

who is the other somebody in abbey forum??

nearly freaked out when i saw the order as it is far longer than my other two in woolwich straightforward to read...

very calm now though thanks very much will keep posting

[Xena]

so there are now four of us with disclosure this month.... ha ha ha busy month for the new boys!!!

so basically the list we provide is a court bundle is this correct.including all the acts etc?..getting nerve racking now esp if the new boys apply for adjourment...

but i think not enough time for them to do that as for all three of us it is less than 2 weeks away....to provide standard

[Xena]

well heard nothing from new boys yet and they have only a week....too late to get adjournment
plus i need to know who to serve my disclosure to....if they p.ss me about will write to the judge!!!!

[Xena]

emailed michael shires last week and he said he will put a note on my file

they cant apply for adjournment now can they? too late surely?

[Xena]

hi thanks for that even tho dla are no longer ashursts took over from yesterday

[Xena]

hi well had an official letter from court saying that abbey are the new solicitors!!!

but however doesnt change anything in my case coz too late for them to adjourn and standard disclosure has to be in on weds 18th oct!!!!!

will i be in money very very very soon do u reckon

god hope so then can go for the others bigtime!!!!

[Xena]

OMGGGGGGGGGGGGGGGG!

SETTLED ON THE 17TH OCTOBER!

ONE HAPPPPPPPPPPPPY BUNNNNNNNNNNNNNY!


it was easy phoned them up and no probs they said
we will settle in full!!!!!!!!!!!!!!!!!

[Simian]

Lol !!!!!

Belated Congratulations, Zena !!!!!!! :d:d:d

[Xena]

Thanks billy boy.............. shame i didnt know about CI then