SamJay v Abbey

[SamJay]

Hi

can anyone help please i've got a couple of questions.

I've added up all my charges but it has taken me some time since i received the statements from Abbey (11/01/07) due to being a busy mum to 18 month old boy and having a part time job. Anyway, i've finally managed to add them up and i get quite a nice figure of just under £4,500 for the period of 30/08/00 to 27/07/03.

Now, what i would like to know is, at what date do i start to include the charges as 6 years from today is 05 March 2001. i'll be missing out on quite a bit of money and if it takes another 28 days before i can submit a claim to the court i think i'll be missing out on that money as well? Hope i've explained that properly?

Also i was wondering as the charges that go back to 2001/2002 are mostly for £10, is this affected by the ruling that a minumum of £12 should be applied??

Any help on this would be grately appreciated

Thanks

[bp]

the 6yrs applies from the date you lodge a court claim.

[bp]

Originally Posted by SamJay

Hi

can anyone help please i've got a couple of questions.

I've added up all my charges but it has taken me some time since i received the statements from Abbey (11/01/07) due to being a busy mum to 18 month old boy and having a part time job. Anyway, i've finally managed to add them up and i get quite a nice figure of just under £4,500 for the period of 30/08/00 to 27/07/03.

Now, what i would like to know is, at what date do i start to include the charges as 6 years from today is 05 March 2001. i'll be missing out on quite a bit of money and if it takes another 28 days before i can submit a claim to the court i think i'll be missing out on that money as well? Hope i've explained that properly?

Also i was wondering as the charges that go back to 2001/2002 are mostly for £10, is this affected by the ruling that a minumum of £12 should be applied??
That £12 rule was for credit cards not for bank charges, however, it still has to be proven that it costs the credit card companies £12 so if you wanted to, you could still take them to court.
Any help on this would be grately appreciated

Thanks

Hope that helps, bp

[SamJay]

thanks for that, i'll have to get my skates on then - i can hear the money dripping away fast!

[fendyweather]

Actually, correct me if Im wrong, but I thought it was 6 years from the date you send in your prelim to the bank. For instance, I started my calculations and Prelim on 6th Feb so when I file at court on circa next week, then I can send in my spreadsheet as of the date of my prelim to the bank, i.e. 6th Feb. ?? Yes.

[philread1]

Originally Posted by bp

the 6yrs applies from the date you lodge a court claim.

Hello bp

I'm sorry if I have misunderstood previous threads, but my thinking was that the 6 years is taken from the date of which you ask for the info on your account, the Subject Access Request? If it is not that then surely it is from the date of which you ask for a refund via the Prelim?

Phil

[philread1]

Fendy, You stole my thunder!!!!!!

Phil

[bp]

ok guys will b back later to clarify

[pmahonc]

I think Glenn uk might be able to answer this one as he went after the abbey for more than six years and won. i think it basically comes down to that as you were unaware that the charges were illegal, how could you claim for them beforehand, therefore the statutes of limitation don't apply. i personally have taken it in my claim to be six years from the date i sent my prelim to the abbey as i don't have many charges before that date (two i think) so not worth arguing over.

regards pmahonc

[SamJay]

Thanks everyone

Might be worth me fighting over as it makes a difference of about £800 from the date of the first charge to the end of March 2001 (6 years before claim to be filed with court)

I shall try and see what happens.

[pmahonc]

Good luck with the claim, don't forget to look at Glenn's post i know it a long one but worth reading.

pmahonc

By the way can anyone tell me how to insert thread links into the post

TIA

[Mad Nick]

pmahonc, to insert links, open the web page you want to link, copy the URL, go back to the reply you're writing, hit the icon which looks like a globe with a chainlink underneath and paste the URL into the dialog box which has come up. Robert's your proverbial uncle. Regards, Mad Nick.

[SamJay]

Just had a look at the post, didn't read all of it but quite alot. I'll have a proper look tomorrow when i'm not so tired - just hope i haven't got to go through half as much as what he did!!

Cheers, I'm off to bed a little happier knowing that i might be able to claim all my dosh.

[bp]

i've asked round and it seems that its been updated somewhere in the FAQS 6yrs from court claim will try and find a link if i can

[pmahonc]

Thanks Mad Nick, i've also found out it helps if you turn on the advanced editor, DOH

pmahonc

[SamJay]

Hi

I used MCOL to file my claim against Abbey for £6,300 inc 8% interest, which was aknowledged on 26/04/07. I have received notice of transfer to Medway County Court on 21/05/07 and that filing of AQ is dispensed with. I was waiting to hear when a date would be set as my car has broken down and will probably cost alot to fix, anyway i decided to phone the court and was told that i will have a long wait as it is currently taking up to 8 weeks to even look at each case let alone setting a date. I know that i should be prepared for the long haul but as i started my claim back in January was just wondering if this is normal aound the country or just in this area.

Also as there is no AQ will my claim still be held in small claims court as the amount without interest is £4,491?

I am just starting to look into what is needed for court bundle, would anyone reccomend sorting this out now or leaving it until i have heard a date? I would like to be prepared but not sure if i would be better off waiting a bit to see what court has to say if that makes sense??

All advice gratefully received

Thanks

Sam

[Lula]

Sam, it will probably be small claims, and as to the prep of the court bundle, you have loads of time yet so spend the time reading threads and familiarising yourself with the points of law that you have used for your case

hope this helps

[SamJay]

Thanks Lula

I'm using all my spare time (which isn't alot) so i should be well prepared by then.

[gorge]

Hi Sam, I know how you feel, this is so frustrating!!!

I started my husband's claim against Abbey in January, filed N1 in March at Ipswich County Court, filed th