Help please - preparing for court with Abbey ***WON***

[money2me]

Claiming £2500 approx from Abbey on behalf of my son.
In court on 23rd July for 10 minutes and no AQ completed as not requested by court. Docs required by court no later than 9th July so busy preparing them.
No communication from Abbey since defence received and currently waiting for them to send all T & C's since 2002. One question, do we only need the T & C's for the dates charges were incurred or for whole time period the charges span across. Charges made mostly in 2005. Looking at the posts on this thread there appear to be approx 10 sets of the T & C'S for 2005 alone.
I'm not wanting to use mountains of paper. Any advice please.

[ohoh4312]

Hi there

Not 100% sure on this, but from what I have read on here - and I've done an awful lot of reading, believe me! - you only need one set of T & C's for the time when the account was opened, not for the dates of the charges.

Hope that helps

Jo xx

[money2me]

Thank you for your reply.
Would anyone advise that I send the docs in as soon as because of the post office strike tomorrow. Wouldn't want to be struck out because they didn't arrive before the 9th July.
Thanks
Di

[ohoh4312]

Hi Di

Yes, the sooner the better - also shows you mean business!!

Jo xx

[ICY]

And dont forget once it goes in, claim for costs

[money2me]

I was hoping you wouldn't say that. I now know what I'll be doing for the rest of the day! Just delaying the obvious really but I need to bite the bullet. I have most of the info but need to copy everything which is going to take time.Thanks again for the advice. A cup of strong coffee then head down to business
Fingers crossed x

[money2me]

Originally Posted by ICY

And dont forget once it goes in, claim for costs

Icy - How do I do this please
Thanks Di

[money2me]

Is anyone able to tell me how I can get a decent print copy of the litigation successes for Abbey. The copy I printed off last night is very poor. Thanks
Di

[ICY]

there is some more information on wasted costs orders here

[ohoh4312]

Hi again

I just had a look at the litigation spreadie, and found if you change the font size - I changed it to 14 - it is much clearer. I printed out a page to check.

It is still fairly light, but legible.

Hope that helps

Jo xx

[rbrears]

Ideally you should include in your bundle T&Cs that cover the whole period over which charges were taken and the ones that were current when the account was opened.

[money2me]

Jo, Icy and rbears

I'm really stressing now. Abbey have not responded to my request for T & C's sent it recorded delivery over a week ago for the years the account has been open 1997. To print off all would be a nightmare. Jo thanks for the suggestion about font size I'll try that. I have papers all over the floor at the mo trying to sort this.
What about charges incurrred since claim went in as my son is still getting charged about £110 a month. Is this a new claim or can we add this once at court.
Every post gives me more questions!!!
Di

[ohoh4312]

Hi Di

Abbey probably won't respond to your request, especially if they are clued up and know it is for your bundle. Sorry for that.

So it looks like you may have to print them all off, but on the plus side that all adds to your wasted costs order - paper, ink and time.

Unfortunately, once the claim has been submitted, you cannot add more charges to it, unless you apply for an official amendment, costing £35 I think which is not reclaimable. This will also delay your claim further, so you may be better doing a new claim for these afterwards.

Very best wishes

Jo xx

[money2me]

Jo
Thank you again.
Font size worked so that's one task done.
In my overview statement of the case do I include that Abbey did not send the statements in correct format, just a printed list of transactions which we had to go through. Statements received recently now show when charges will be deducted but their print outs didn't.
Any suggestions as to what to include appreciated. I am assuming it's a revamp of the particulars of the claim or is it!

[petcat]

Hi reka has posted a thread yesterday called Abbeyterms and conditions 1997 with all the relevant t&c s you need. cant post link try searching for reka and viewing all threads ny him.good luck

[ohoh4312]

Hi Di

Found this on a sticky; does it help, or cloud the issue further? There does seem to be conflicting advice around


Originally Posted by reka
I was of the opinion that as the abbey themselves said in their defence that they applied the chargesas a result of my breach of contract, a matter i did not dispute, then i didn't need to supply them as it was not a matter of the breach of the contact that were in debate, but the amount they were charging as a result of the breach! *this is my opinion..... but include them as everyone is saying they now need to be included*

Spot on.

T&C's not strictly necessary v Abbey. Only if you need to point to the specific term of contract you allege has been breached, as you do with say Lloyds. As above Abbey readily admit a breach so T&C's not crucial

(Quote by GaryH, moderator)

Hope I am not giving you another headache!

I can't help you on the overview question I am afraid, but hopefully someone else will.

Chin up

Jo xx

[money2me]

Originally Posted by petcat

Hi reka has posted a thread yesterday called Abbeyterms and conditions 1997 with all the relevant t&c s you need. cant post link try searching for reka and viewing all threads ny him.good luck

Hi Petcat

Will do.
Has anyone esle included any success stories or supporting evidence apart from what the CAG suggests as part of their bundle. For example transcript of interview with Peter MacNamara and BBC radio 2004and a piece on BBCnews webpage in May this year about 'Banks branded as veaxtious defendants'. I was going to include these along with the litigation successes. Any thoughts anyone.

Di

[money2me]

Originally Posted by ohoh4312

Hi Di

Found this on a sticky; does it help, or cloud the issue further? There does seem to be conflicting advice around