adelita and Abbey

[adelita]

URGENT

thanks budgie

you are all so kind here

i am so glad i found this site, i dont know what i would of done with out all the advice everyone is giving me, well i know for starters i would be pulling my hair out by now
I still havent got a clue on how i should fill in my aq, but i do know that at least i can be reasured by you all

thankyou and kind regards

mazzy

i filled in the allocations questionaire but i feel that i may have done it wrong

please can anyone advice me as i need to post it by the latest tommorrow morning

[adelita]

Re: adelita and Abbey my AQ N150

:tinysmile_hmm_t2:i finally filled in the allcations questionaire as i need to post it by tomorrow the latest,please please, any advice on this is much welcomed before i post

allocations questionaire
page 1 settlement
i ticked no to all
page 2
i ticked yes for local court
pre action protocols -no
applications - no
witnesses - myself
page 3
experts - no
track- small claims
page 4

trial or final hearing - 2 hours

proposed directions - yes
cost - blank
fee - blank
page 5 have you attached documents - yes
sent to other parties - yes

in space below, set out any other info you consider wil help the judge to manage the claim

Please see attached also ;
I would like to add that this claim is a financial harship claim, and should be trated as such. I was adviced that banks should still process hardship cases under the waiver period by the fsa.
the defendant abby national is aware of this beying a harship case as they are aware of my benefits and financial situation, they have beenaware of this for a number of years, and this was also stated in my particulars of claim, the defendant keeps failing to acknowledge this.i note that the fsa's definition of financial hardship as detailed in the updated waiver and i believe that i meet this criteria.
the claimant respectfully requests that this claim should NOT be stayed as asked by the defendants on their AQ on the basis of financial hardship


Section I – Other Information[/font]
The Claimant respectfully requests that an order may be made as follows. That the Defence is struck out as an abuse of process, pursuant to rule 3.4(2) (b) of the Civil Procedure Rules
On the basis that the Defendant has filed a template defence then subsequently settled each and every other claim of this nature. Since May 2006, I am aware of over 100 claims of this nature in which the Defendant has filed an acknowledgement of service, then a Defence,then an allocation questionnaire, then has breached the order for pre-hearing directions, then has finally settled without liability shortly in advance of the hearing or trial. A sample list of these claims, including their claim numbers, is attached (attachment 1B).

It is submitted that the defendant’s litigation strategy is flagrantly abusive of the public resource, and further, contrary to almost all of the Overriding Objective’s of the Civil Procedure Rules. It is respectfully submitted that the Defendant will continue to conduct litigation in this manner for as long as it is allowed to do so with impunity. Please find attached a copy of an order made by Lincoln County court (attachment 1C) in at least 10 cases similar to my own involving various high street banks, including Abbey Plc. The court considered the authority of Mullen-v-Hackney London Borough Council (1997)2 A11ER 906 to be relevant. If this honourable court also considers this authority relevant, I would respectfully request that the court applies its special knowledge of the defendant’s notorious and well established conduct in similar cases when considering order in the present case. Please find attached the case to which I refer (attachment 1D)
In the alternative, should the court not be minded to strike out the defence, and if the claim is to proceed to allocation, the Claimant respectfully suggests that special directions may be made as per the attached draft order (attachment 2A
I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.
I would aver that if the Defendant has the serious intention of defending this claim at trial, as is indicated by its defence, that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as small claims track cases in Leicester, Derby, Chesterfield, and Mansfield County Courts. I am respectfully requesting that my claim be allocated to the small claims track and would estimate that the hearing of the claim should last no longer than two hours. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceeds their actual costs incurred. However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation
attachement 1b is a list of settled claims
"""""""""""""""""" 1c is the order made by Lincoln county court ( this is also where i will be attending)
attachment 1d is mullen-hackney

and attachment 2a is the draft oder


1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being madeb) Copies of any statement or other document relied upon as showing that each and every charge has been made c) A statement of evidence of all matters relied upon as tending to show that the charges are unfair
d) Copies of decided cases and other legal materials to be relied upon
If the Claimant fails to comply with this order, the claim will be struck out without further order
2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed.
a) A list of all charges applied to the Claimant’s account with dates, type and amount of each charge And renumber the remainder accordingly. b) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon
c) Whether such charge is accepted to be unfair, and if not why not
C1) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was; d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.
d) If such charge is alleged to be fair, all facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable e) Any witness statements
f) Copies of decided cases and other legal materials to be relied upon the Defendant fails to comply with this order, the Defence will be struck out without further order. The defendant shall forward to the claimant a) a copy of the executed agreement regulated by the Consumer Credit Act 1974 for the account b) a copy the original terms and conditions from when the account was originally opened, and a copy of all subsequent terms and conditions thereafter to the present day.
c) copies of Default Notices (if any) issued pursuant to s87(1) of the Consumer Credit Act 1974 by the Defendant to the Claimant d) a copy of any Notice of Assignment from the defendant to the claimant, relating to the claimants account e) if copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to: (i) a copy of the procedure(s) used for copying, storing and retrieving documents
(ii) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)
(iii) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with
(iv) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards
Accordingly, I would respectfully ask that the court in this case, order a standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.
please can anyone advice ASAP s i need to post this AQ by tomorrow

[Amy]

Re: adelita and Abbey my AQ N150

page 1 settlement
i ticked no to all

Don't forget to add your reasons for ticking no. If you need any help with this, let me know.

trial or final hearing - 2 hours

I'd change this to an hour at the most.

cost - blank

Are you not claiming any costs?

fee - blank

You need to attach the fee here or refer them to the attached EX160 if you are using this for remission or exemption from the filing fee.

in space below, set out any other info you consider wil help the judge to manage the claim

Please see attached also ;

I wish to draw the court's attention to my wish that my claim be treated as one of financial hardship and respectfully request that it is treated as such as detailed in the FSA waiver guidelines.

The defendant has been made fully aware of my request in pre-action letters and also in my particulars of claim, yet refuses to acknowledge me as fitting this criteria. I therefore respectfully request that my claim not be stayed as requested by the defendants in their Allocation Questionnaire.