Court case with Abbey, need help with court pack!! **WON**

[Handley999]

After almost 7 months of trying to get my money back from Abbey I now have a date for court in January.
They offered me half back which I refused and want the whole amount as seems to be what everyone keeps saying!
Now I am scared of cocking it all up at the last minute as the court require a bundle from me for my claim.
I have copied all my statements and highlighted the charges but I don't know what else to send.
I saw a link on here for a court bundle but none of it made any sense!
Please can somebody give me some advice as to what I should send them?

Thanks
Neil

[booyackasha]

It didnt make sense to me either dude..

Good luck mine have not got to that stage yet...

[lee1972]

I am also at this stage with my girlfriends account. I have just downloaded the documents and flicking through it noticed the mention of penalty charges. I am assuming that we are to highlight and use these to form part our cases? Sorry im not much help just letting you know you arent alone.

[Bookworm]

Did you guys read the post in which the bundle zip file was included? And if yes, what part is unclear, see if I can clarify things?

[Handley999]

Thanks guys. At least I'm not alone!!

Bookworm, the pack I unzipped is full of gobbledegook to me!
Do I need to use the whole thing or just take out the unlawful charges bit?
I'm maybe being stupid but never having done this before it all looks very legal and scary!!

I just need to know what to put in the court pack for them so I don't look a fool and potentially lose.
Do I really need all this???

Cheers guys
Neil

[Bookworm]

If you only needed part of it, only part of it would have been included.

You print the whole lot, and add it to your own documents.

If it looks like gobbledegook to you, I suggest you read up on it, as the UTCCR and the UTCA form the basis of the reason of your reclaiming your charges.
Sorry if it sounds harsh, but anyone who has got that far in their claims and doesn't understand why these documents are essential has some serious homework to do. What happens if, Heaven forbid, your case is the one that ends up in front of a judge? You are supposed to know what you're doing, at least a little!

You've never done this before? With all due respect, neither had I. But I researched and researched, because I sure as hell wasn't going to take chances with my claim. The difference is I had to go and find the info all over the Internet, which is why I then put it together in one place to help others. It doesn't mean anyone should just print, send and hope for the best.

Do you really need all this? Yes, and more. The index included tells you some of it, wich will work for most simple bank claims. In more complicated cases, you need to adapt it accordingly, as explained in the post.

[Handley999]

Wow scary stuff! Thanks very much for your help.
It is really intimidating I suppose, taking on a high street bank in the courts.
I just assumed as most people probably do from reading about this stuff that it wouldn't go to court and you wouldn't have to go this far!
I'll print it all off and have a good read through then.

Thanks again

[Handley999]

bookworm don't suppose that you being in Croydon you wanna meet for a beer one lunchtime to go through it with me? I work in Croydon high street and will buy you a pint or two!

[Handley999]

Right I have got my head around the CAG court bundle!!! at last.

Just a quick one, In my pack I was going to photocopy the preliminary offer letter from Abbey, the one that says 'Without Predujice' to show the court that they have made me an offer which must surely show some kind of guilt.

Is this a good idea or should I not put this in?
Any advice appreciated.

Cheers

Neil

[Bookworm]

No.

"Without prejudice" means you can't show it to the judge, so you have to exclude it.

[Handley999]

Ok great.

Thanks!

Neil

[noobrider]

Just a quick question as I am also at the same stage...can you include your reply to the WP offer especially as I didn't mark my letter WP?

[Handley999]

Well guys and gals.
After 8 long months of paperwork and hassle it has all been worth it.
Abbey have settled out of court for the full amount inc. interest of £1235.

To be honest I was sceptical whether it would all come good and to be honest was getting a little scared of impending court appearances.
But after sending in the court bundle that was kindly supplied by the guys here, Abbey immediately sent letter saying they are settling out of court as their costs would be too high to go to court.

I am totally over the moon and would say to everyone who is in the same position, hold tight and take it all the way!!!
They will pay out in full!!
My money was put straight into my account and they haven't told me to close it so I'm well chuffed.

I'd like to thank everyone on here that have helped me get a result. I couldn't have done it without you.

Just a note though, I called Abbey credit card for my back statements to start all over again and they want £2.50 each statement!!!!
It would cost me £130 to get my 4 years worth of statements to do this again with my credit card!!!!

Are they allowed to charge this or is this their way or stopping people from doing it?

thanks again all and good luck to everyone who is claiming
Have a good Xmas!
Neil

[Seamus Duffy]

Well done Handley999 - it is always good to hear of the successes as it encourages us all to keep going. Enjoy your success over Christmas as you deserve it for your perserverance.

[Bookworm]

Congratulations!

No, they can't charge you £2.50 per statemnt. Go back to the Library and get the Subject Access Request letter, don't forget to include the £10 fee.

Start a new thread for your c/c to keep both claims separate. Keep us posted.

[Tigs33]

Well done Handley999, I am about to send my bundle off to Barclays for a court hearing in January, and I have also got a case management hearing on Wednesday for my Abbey claim, and I am going to take my bundle with me

[Karnevil]

Congratulations Handley

and good luck Tigs