Waiting (and waiting) for court date with Abbey

[Mosca1]

Hello all.

After having contacted the Financial Ombudsman in January, and in addition, following the Martin Lewis templates, I refered the matter to the Small Claims Cout in early April this year (as the Abbey never once responded to any of my letters). To date, I have not been given a day or time for court, nor any instructions or correspondence. I was amazed to find, after being ignored for so many letters, the Abbey are arguing and defending their £1900 fees (over 3 years) - approximately £2100 with interest. I recontacted the FO a week or so ago, but they can not help me now that I have taken the matter to the courts. I wasn't made aware of this when I did so, otherwise would have let them act on my behalf.

I am worried now, as I can't afford to lose and could ill afford the £120 court fee as it was. Is it normal to have received nothing from the court since the papers were served, and they wrote to say it's moved from Northampton to Crewe (closer to where I live)? Should I have received some kind of questionnaire thing? Help please! Any advise would be greatly appreciated!

[broke student nurse]

We started reclaiming bank charges in april 07 and now have a court date for August 10. Just received a letter from court saying it has thrown out abbeys defence. Has any one else experienced this and WHAT DO I DO NOW!

[Simon7685]

Originally Posted by Mosca1

Hello all.

After having contacted the Financial Ombudsman in January, and in addition, following the Martin Lewis templates, I refered the matter to the Small Claims Cout in early April this year (as the Abbey never once responded to any of my letters). To date, I have not been given a day or time for court, nor any instructions or correspondence. I was amazed to find, after being ignored for so many letters, the Abbey are arguing and defending their £1900 fees (over 3 years) - approximately £2100 with interest. I recontacted the FO a week or so ago, but they can not help me now that I have taken the matter to the courts. I wasn't made aware of this when I did so, otherwise would have let them act on my behalf.

I am worried now, as I can't afford to lose and could ill afford the £120 court fee as it was. Is it normal to have received nothing from the court since the papers were served, and they wrote to say it's moved from Northampton to Crewe (closer to where I live)? Should I have received some kind of questionnaire thing? Help please! Any advise would be greatly appreciated!

I am in exactly the same position as you, waiting for the court date, I hadn't heard anything since the transfer to my local court so I rang them and they said it was just a question of waiting for them to write to me but in the meantime it might help to start putting together my court bundle which I am now doing.

So don't dispair and keep going, let me know if I can help you any further.

Simon

[Mosca1]

Hello Simon and cheers for this. It just seems a long process and I worried that I'd done something wrong. I haven't had the questionnaire thing though and it seems everyone else has?

[Mosca1]

Oh, I forgot to mention that, since the papers were served, Abbey have also charged me £70 for a cheque I wrote that unfortunately bounced (twice, so £35 x 2, as the person kept it for 2 weeks before presenting it a couple of days before pay day)... If they settle, would they also factor this in?

[Simon7685]

Hi again
Don't worry about the Allocation Questionaire. Have a look at the order from Northampton and see if it says somewhere that the judge has ordered that it be dispensed with, it probably does.

This is quicker way for the courts to progress all the cases they are receiving. I fyour local court wants one completing they will send it to you, more likely you will receive a date for the court hearing (don't panic) and will be asked to forward all relevant documents to the court 14 days before the hearing. Do not worry to much at this stage the bank usualy wades in with an offer once they realise you are going all the way. Even if they don't as long as you do things correctly it is 99.9% certain you will win.

Keep going and don't worry. I am no legal expert but I will help you as much as I can because I know what it is like snd how daunting it all seems. If you don't mind me asking what is your first name?

Simon

[Simon7685]

Hi again

This has happened to me also and as far as I know this has to be treated as a seperate issue but I am still investigating.

Another way of approaching it is, once you have won the bank has had to cough up you have a big bargaining tool with them. ie: You have taken them on once and won, so why would you not do so again unless they refund the additional charges on your account.

Hope this helps and reassures you a bit

Keep your chin up

Simon

[Mosca1]

Hello Simon, Patrick here...

Cheers for the advice and help etc as sometimes it feels like an uphill struggle against big corporate business...

[livelylad]

Thread moved to Abbey forum.

[Mosca1]

Hello Simon.

I have my court date in Crewe now (Sept 3)!

Cheers...

[andypal]

Originally Posted by Mosca1

Hello Simon.

I have my court date in Crewe now (Sept 3)!.

Get the kettle on, plenty teas and biscuits

[colpac]

I am in the same position, its been transferred to my local court and just sat here waiting for a date

[Mosca1]

Originally Posted by andypal

Get the kettle on, plenty teas and biscuits

Well, if it goes well, may be able to afford more than jaffas

[Mosca1]

Originally Posted by colpac

I am in the same position, its been transferred to my local court and just sat here waiting for a date

It'll take a fair few months before the date's arranged though, so hold on...