Claire v Abbey - Help with Allocation Questionnaire please!!!

[Shutterz]

Hello there.... I was wondering if you could help me out with my Abbey Claim... I've followed all of your steps and Im now up to filling in the allocation questionnaire... I was wondering if you had any suggestions in filling out section G for 'other information'.

I am claiming £1150 and have stopped using the abbey account because the charges were snowballing so I couldnt afford to live on the money I had left over from tax credits and child benefit. I was advised from one of your moderators to use a different bank account which ive done and everythings fine. but since filing the claim with the court theyve charged me an extra £300 in additional unpaid direct debits and exceeding overdraft limits etc and are now adding interest on a daily basis. I spoke to the court and they said I cant change the claim amount to add on the £300+ because the notice has been served. Is this right??? They said to start a new claim.

I also spoke to abbey and explained the account was in dispute and asked why they cant freeze it until its resolved, but they wont and said they wont stop trying to reclaim the money they say I owe them....

Im getting worried now that Im still going to owe them more money once the claim is settled... Can I request the reclaimed money in the form of a cheque. Just so I can pay them back the original claim, until I sort the additional charges out.
Does this make sense??

Hope you can advise me... I really appreciate any help...

Many thanks...


Confused Claire.

[livelylad]

Originally Posted by Shutterz

Hello there.... I was wondering if you could help me out with my Abbey Claim... I've followed all of your steps and Im now up to filling in the allocation questionnaire... I was wondering if you had any suggestions in filling out section G for 'other information'.

I am claiming £1150 and have stopped using the abbey account because the charges were snowballing so I couldnt afford to live on the money I had left over from tax credits and child benefit. I was advised from one of your moderators to use a different bank account which ive done and everythings fine. but since filing the claim with the court theyve charged me an extra £300 in additional unpaid direct debits and exceeding overdraft limits etc and are now adding interest on a daily basis. I spoke to the court and they said I cant change the claim amount to add on the £300+ because the notice has been served. Is this right??? They said to start a new claim.

I also spoke to abbey and explained the account was in dispute and asked why they cant freeze it until its resolved, but they wont and said they wont stop trying to reclaim the money they say I owe them....

Im getting worried now that Im still going to owe them more money once the claim is settled... Can I request the reclaimed money in the form of a cheque. Just so I can pay them back the original claim, until I sort the additional charges out.
Does this make sense??

Hope you can advise me... I really appreciate any help...

Many thanks...


Confused Claire.

Hi firstly you can amend the claim using the N244 form, this will cost £35 which you can not reclaim. I would ask Abbey once they agree to settle to include these further charge or should they not then start a new claim. You can request the cash back as a cheque however they may just credit it to your account. This link has all the information required to fill out sect G of the AQ.
Allocation Questionnaires - A guide to completion

[Shutterz]

Hi... Thanks for your reply...

Still not clear on section G of the AQ...... Do I put the bit in about lasting an hour and do I include the draft directions.... Do i need to attach any documents and can I mention the additional charges???

At what stage to I ask abbey to pay out the additional charges?? And can I claim the interest they are charging me each day for not paying this overdraft immediately??

I appreciate your help!!

Claire.

[pmahonc]

Shutterz
Section G I would include the draft directions if i was you it cant hurt to do so.
You dont have have to include any documents if you dont want to it's only to give the judge help in deciding which track it should be allocated to ie small claims or fast track. if you feel like adding any documents that you think would help then do so.
As livelylad says you can amend your claim using the approiate form or once this claim is out of the way starting another claim again for what they added on since you started yours.
PS they did the same to me and if you look at my post it was only after my claim was ended that i found out they had even added charges while the claim was in progress, when i challenged them over it threatening another court action the only reply i got was "that was up to me, goodbye".
regards pmahonc

[Shutterz]

Thanks Very much for all your help!!!!!! I'll finish filling this in now and get it sent off....

Thanks again,

Claire!

[Robdblynd]

Have you included the abuse of process order in section G. It's here.

Abbey abuse orders - keeping the pressure on.

It's worked for several people who've had the defence struck out.

Also add in draft order for directions in case the judge won't strike the defence.

Good luck.