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Reclaim the Right Ltd. - reg.05783665 in the UK
reg. office:- 923 Finchley Road
London
NW11 7PE
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| | | | | | | Abbey and Cahoot successes **Existing Successful Claims Only *NO* New Threads Please** | Welcome to The Consumer Action Group
and
The Bank Action Group
Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund.
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To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.
Why don't you come and introduce yourself in the Welcome section at the top of the forum. Then have a look around the rest of it.
Do not post or start claiming until you have read the entire FAQ section and step by step guides and you have a good basic idea of what to do and of the layout of the forum.
Good luck claiming your bank charges. We strongly suggest that you register under a UserID and not your own name |  | | 
30th May 2006, 19:27
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#22 (permalink)
| | Gold Account Customer |  Re: NeilP .v. Abbey National Plc
oh my god, i nervous for you !! but the law is on our side !!
hope things go well for you and will be thinking of you ....
keep us all informed xxxx  | 
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30th May 2006, 20:24
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#25 (permalink)
| | Platinum Account Customer | Re: NeilP .v. Abbey National Plc
Quote: |
Originally Posted by boatgirl Don't keep us in suspense... what happened today??? | Er, I think it's tomorrow  | |
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1st June 2006, 00:56
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#34 (permalink)
| | Classic Account Customer | Re: NeilP .v. Abbey National Plc
Abbey had sent a Barrister to do their dirty work, so i take that as a sign that they were serious about getting the Judgement set aside.
At about 2.45pm, with only 15 minutes remaining until we were due to go in, their barrister hands me a ringbinder with their 'outline submissions in support of application to set aside judgement in default'. This was basically the 'skeleton defence' that their barrister had put together thus rendering the scathing defence with regards their Witness Statement that i had put together with Whizzkid and Bankfodder virtually useless as it would be this new document that the judge would be focussing on.
(Well that is what i thought. When we got in there it was commented on that i hadn't sent in a reply to the witness statement)
Once inside (accompanied by Seminole and Whizzkid001) the Judge wrote down the names of everyone, and asked the barrister if she had any objection to Seminole being there, she said no, and to Whizzkid - to which she said, 'If it's the same person as i am seeing in court on Friday under similar circumstances then yes i do!' So unfortunately, Whizzkid was sent out of the hearing. Quite why, as presumably Abbey have nothing to hide, and she must realise that we would be talking afterwards...... Oh well.
Abby tried to sneak the fact passed the judge that it took them 21 days to send my Claim Papers to the wrong department, and then another 6 days to forward it onto their Legal Dept. Needless to say we put them right on that score - and the Judge was not impressed and made some rather scathing comments about their lack of professionalism!!
The Judge then asked why the Defence (Abbey) had not submitted a full defence yet. Their answer was that they did not have the full breakdown of my claim, and therefore could not complete their defence (regardless of the fact that they have it all at their fingertips on their computer system!!).
And having made it perfectly clear that she didn't want to discuss the case, she asked me what i had to say about their defence. What can i say to that will blow apart their defence, if i'm not allowed to challenge it then and there? Nothing.
I even tried to state that this was Abbey's way of dealing with these things, get it into the Court System hoping that the claimant will give up, then realising that they wont they start to offer settlements. But the Judge said 'we are only talking about this case here though'. (<smiley face indicating shot down in flames!>)
So, after 20 minutes, the Judge ruled that as the case was 'complicated' she would set the judgement aside.
Could i prove what the costs were for (ie what were the charges doe bounced DD, Overdraft interest etc), she asked afterward judgement had been passed. Yes, but as i had had my original spreadsheet deleted (don't ask me how) and my new one didn't quite match, the particulars of the claim were now slightly different in Abbeys favour to the tune of about £200.
The judge ordered that my revised particulars of claim, particularised, to be submitted to the court and Abbey's solicitors within 7 days, and Abbey have to submit their defence within 21 days (ie. by 21st June)
I offered them to Abbey's Barrister who didn't want to take them, but that i should serve them on DLA Piper Rudnick (she didn't actually work for them) and i couldn't serve the courts copy as the court office was shut!
I also managed to get costs - just. Apparantly they should be served to the court and defence 24 hours beforehand.
So, the moral of my story so far is......
In general
Always list the particulars of your claim. If you are using Moneyclaim Online, i would mention that there is an Appendix being sent under seperate cover, and send it to the court and Abbey by Registered Post with your Claim Number.
With regards Set Aside Claims
In hindsight, bearing in mind that the majority of set aside hearings result in the judgement being set aside. Why not save yourself the hassle and agree to it. We all know that Abbey won't go to court to defend these claims, so it will only aid to help you expedite your settlement!
However, if you still want to do it then....
1. If you go to a set aside hearing, lodge your costs (lost wages, travel etc) with the court and defence at least 24 hours prior to your hearing.
2. Reply to the witness statement. Whizzkid and I (and probably others) have copies of our own which can be e-mailed to you to crib from if you so wish.
So, back to square one (virtually), only 3 weeks to wait until i receive Abbey's Defence, and then onto the 'Do you want 50% sir', 'No Thanks, 100% will do nicely', 'Oooo Suits your sir, have 100% then'!
And it turns out that my son has Tonsilitis! 3 hours in Casualty - and it's nothing like the telly either!! | |
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