Court Summons!

gordonhall · 24th August 2006, 10:07

OK, I know that Abbey are likely to settle before it gets to D-day, but I've got a court summons to provide all documents to be relied upon in court.

Regardless of whether this is settle or not, I need to get this paperwork ready.

Any suggestions? I was thinking

1) Copy of OFT report
2) Dunlop vs New garage
3) Murray vs Leaisure play

Also, should I leave this to the very last minute, or are Abbey making it as difficult for me regardless and seeing how I'm going to present my case?

Any thoughts would be wonderful...

I did post this in my other Abbey thread a few days ago, but I thought I'd try again !!!

Karnevil · 24th August 2006, 10:08

No dont leave it till the last minute - I'm doing the same at the mo too. Its nothing to do with Abbey - its the courts. Abbey will just wait till the last possible minute to defend and probably wont ever submit there docs. But my thinking is getting ours in early will make abbey pay up quicker......

I also wrote to the judge requesting an order to force abbey to send me copies of thier calculations which they intend to rely on at the court - be interesting to see if he does or not....

Whens your date ?

(sorry I missed your post - had a ickle holiday)

Karnevil · 24th August 2006, 10:15

1) Copy of OFT report
2) Dunlop vs New garage
3) Murray vs Leisure play
4) Copies of all letters to and from Abbey (excluding without prejudice ones in the courts and defendants copy but include them in your own copy for reference)
5) County Courts Act s.69
6) Unfair contract terms act 1977 - relevant sections
7) Consumer Credit Regulations 1999 - relevant sections
8 ) Schedule of charges (probably all the statements in your own copy for reference)

Thats about how far I have got so far..... any other ideas welcome....

gordonhall · 24th August 2006, 10:32

4th September I've got to have stuff in for.

Karnevil · 24th August 2006, 10:38

My date is the 18th Oct - so I have to have stuff in by 18th Sept but I hope to get it all sorted and in well before that.... am working on sending it first week of Sept too....

Just looking at your signature - yours is a business account too....

wonder why they are pushing these business a/c to the limit..

did you get anything different in your defence ? My claim was defended exactly the same as a personal account....becuase they got my account details wrong.

gordonhall · 24th August 2006, 10:44

I have to send the docs in by the 4th, but I don't yet have a court date.

The defence seems to be a standard one, but I don't have a personal account with Abbey so I don't know what their exact defence would be.

It seems crazy thought. My claim was only for £285. They ahve offered me £190, and it must have cost them several hundred in solictors fees.

Crazy, crazy situation, but I'm more than happy to meet them in court.

I'm thinking of writing to the judge allocated to this, and poiting out all the abbey cases that they ahve backed away from.

Just don't know whether to do this before or after they settle?

Karnevil · 24th August 2006, 10:48

I'll PM you the letter I sent to my judge.

did you get any nonsense about time estimates for the case hearing ?

I don't know if pointing out the cases backed out of at the last minute would help the case. I think the judges are well aware of this already and are pushing various orders out to get the defendants to pay up before wasting courts time....

gordonhall · 6th September 2006, 10:56

All settled. At the last minute - as is usual with Abbey, but they have phoned me yesterday (I was out) and again today, and have offered to make full payment.

I won't stop the case until the money is in my aco****, but its another victory for all of us, not just me!

gordonhall · 21st September 2006, 08:50

Well, two weeks after Abbey have offered to settle the whole amount, no money has entered my account. I've rang their solicitors again, and he said he would chase it, but
nothing!
Thankfully, I didn't stop the action as they asked me to, so I shall just await what the courts have to say in due time...

lesser1010 · 21st September 2006, 10:09

this is just typical of abbey,they are such arrogant ba***** s.

Bookworm · 21st September 2006, 10:22

Make sure they pay the accrued interest up to date then!

lisamellor · 21st September 2006, 10:22

swines they are..

Karnevil · 21st September 2006, 10:25

Abbey tend to send a cheque to the solictiors which sits in their in-tray for weeks, or they pay it by cheque into your account - possibly the wrong one (like they did with me).

Keep hassling and remind them that you expect interest paying up to the date they actually pay you.

gordonhall · 21st September 2006, 10:25

Quote:

Originally Posted by Bookworm

Make sure they pay the accrued interest up to date then!

I'm not adverse to this, but at 6p per day, I can't say it's a fight I'm particularly bothered about. Still, maybe I'll get my awkward head on!!!

Oh the games the banks play!

As soon as the money is in my account, I'm going back after them for another £120 that they have taken from me (in one day) since the claim began. I doubt it will go through any quicker, regardless of the fact that I have followed up my letters with action.

The world is a stage and we all have a part to play!!

andrew1 · 21st September 2006, 10:37

Well done Gordanhall, they really test you to the limit. I wrote to Grahame Hardie the Exec Director of Retail Banking just about this very thing - 3 pages Andrew1 vs Abbey I wrote and he didn't even respond he passed it down to a pleb in Customer services and I got a standard bog off letter back! They couldn't give a sh...te!

gordonhall · 22nd September 2006, 10:34

We know they treat us with contempt. I suppose its just our job to make the most of the system they present us with.

1) I'm not desperate for the money - I know it will come soon. However, I also know that it has cost them much more than the few hundred pounds in legal expenses.

I think I'll just let this one arrive in court. I can't be bothered doing any more with this bunch of clowns...

In fact, I'll ring the court today!

22nd September 2006, 17:32

Quote:

Originally Posted by karnevil

1) Copy of OFT report
2) Dunlop vs New garage
3) Murray vs Leisure play
4) Copies of all letters to and from Abbey (excluding without prejudice ones in the courts and defendants copy but include them in your own copy for reference)
5) County Courts Act s.69
6) Unfair contract terms act 1977 - relevant sections
7) Consumer Credit Regulations 1999 - relevant sections
8 ) Schedule of charges (probably all the statements in your own copy for reference)

Thats about how far I have got so far..... any other ideas welcome....

hi doing my court bundle aswell need info on county courts act any help please

gordonhall · 22nd September 2006, 22:55

the county courts act is what you would have agreed to when you did your money online claim. I f you were claiming interest, then you would have ticked the box and a seperate box would have popped up - this was the section 69.

Hope that helps

gordonhall · 22nd September 2006, 22:56

Actually - the money has arrived in my account today! Well, a cheque has - why they couldn't deposit the money direct but I don't mind waiting for a few days extra.

When it's cleared, I shall cancel the court action and start my second claim against them (he he he)

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