Reka v Abbey ***WON IN COURT!***

[reka]

I can't seem to see my current situation on the forum covered anywhere (althought there is sooo much content here it is likely i just haven't found it)

Basically, i am at the final stages of reclaiming charges levied to my account by the abbey. Both parties were told to submit "evidence upon which they intend to rely on in court to both parties and the court by 23rd May 4pm"

As yet i have recieved nothing from the Abbey and the deadline has passed? i submitted mine and sent a copy to the Abbey and had no response.... what do i do now?

Do i just wait till the court date (7th June).
Does this mean i have won automatically?
or that the Abbey do not have any documentation upon which they intend to rely?

Any help or advice would be greatly appreciated

[PPMAN159]

Why not give the court a ring and explain the situation to them-they should be able to give you an update as to what you need to do next.

[reka]

will do.... thnx, will post back what the court say

[reka]

i called the court, they have recieved no paperwork from the Abbey, but they told me to call back on wednesday to see if it has been submitted as they have only processed up to the 21st may atm. (today is the 25th)

So when i call back on wednesday, if the abbey have not submitted the "documents upon which they intend to rely" does that mean i have won?

(court date is 7th June and all documents were to be recieved by both parties on the 23rd may)

[PPMAN159]

If nothing has been submitted by Abbey then I would read from that that tyey do not inrtedn defending the case.

But as the court have advised ring them on Wednesday to check-the banks are notorious for submitting defence docs after the stipulated deadlline and it would appear that the courts let them get away with it.

[reka]

Where can i get the Abbey's Terms and Conditions?

I am due in court this Thursday and have omitted the terms and conditions from my court bundle. The Abbey have not submitted any court bundle although they were told to submit it within 14 days prior to the hearing.

In their defence they state the charges were for breach of contract, surely they have to prove that and should have supplied the T&C as its documents upon which their defence relies?

I want to try and get hold of the relevant T&C to take with me to court on Thursday, as its small claims route and some leaneancy is normally applied.

Any help will be greatly appreciated.. i am sleeping less and less as it gets closer to the final showdown..... oooh and if the Abbey are reading this.... Let the Party comence.... Bring it on.

[postcon]

Try this link:
https://applyonline.abbeynational.co...pup_tandc.html

[reka]

Thankyou for the link...printing it off now.


oooh, here is a link others may find usefull that covers usefull info on conduct on the small claims track

PART 27 - THE SMALL CLAIMS TRACK

[Lula]

Reka

If they havnt submitted a bundle they are in breach of a court order, ring the court and check if they have submitted this, also you should have received a copy.

If they havnt, you can ask for their claim to be struck out for failing to comply with a court order.

Ring the court first, and check, if they havnt, email abbey and say that you are due in court on Thursday 7th (my borthday!) but they havnt submitted a court bundle in time. To save them the embarrassment of having their defence struck out, you are willing to accept full settlement, plus court costs plus preparation time (25 hours or so at £9.25 per hour, plus postage, printing and ink.

Do it today

Good luck, you can hold out for full settlement now

[reka]

thnx Lula,

i have no email contact adress for the Abbey, i have called there legal team on 0207 756 4360, but no answer so i left a message. If anyone has a valid email address please can you you post.

Once again, thankyou all for your help and support.

(ps. I have an original "personal banking conditions" booklet dated Nov 1998 if anyone needs a copy and are going for charges past the 6 year limitation)

[Lula]

Reka
]YES BABY, can yo u scan them and post them to GaryH and myself please

valid email for abbey

inga.kirkman@Abbey.com

dont email her till you know whether they have actually filed yet and there is a letter somewhere that will be superb for you

I will be back in a bit, just taking the monkey to nursery

[reka]

courts say they have recieved no paperwork from the abbey. so i will email them asap.

will scan the document in and send to you and Gary (once i work out how)

thnx again

[jules1973]

Good Luck Reka, I cannot believe Abbey have left it until a few days before your court date and have still not offered you a settlement they must be so snowed under by claims that they cannot keep track of them all. Hopefully it will mean you win by Default.

Lula

Happy birthday, what a great day to have a birthday (same date as my sister and eldest son).

[glad]

Hi Reka,
could you please let me have a copy as they will be very useful as my account was opened in Dec 1997 and cannot get a copy anywhere.
Thankyou very much.
Glad

[reka]

No worries, i am scanning it in now, it will be as an image not text file as the OCR is messing up when i scan as text..... should be done in 20 mins

[Lula]

Originally Posted by jules1973

Lula

Happy birthday, what a great day to have a birthday (same date as my sister and eldest son).

Many thanks, Blooming Geminis eh lol pain in the proverbial!!

its the big one this year!!! it starts with a 4!!!!!!!

[jules1973]

Hope you enjoy celebrating it. I have four members of my immediate family that are geminis and all live up to the reputation hee hee