Hi Mrsouzet,

if i were you i would split the claim into 2 then you can be sure it will go to the small claims, i have just had a good result from Shabbey yesterday after no communication from them for over 5 months, my claim(court date 12th June)was for nearly 7k of which £4987 was charges the rest int and £250 court fee, i was so stressed worrying wether it wouldnt get to the small claims.

A very nice man rang me out of the blue yesterday from Shabbey who first informed me of Lloyds TSB,S success in court(i thought at this point i was doomed in ever getting the charges back)he then proceeded with the charges are lawfull etc,etc,etc, then he asked would i be willing to settle out of court, he offered me 5k,i refused and told him no less then 6.5k, i was apologetic that i couldnt accept any less as i had 2 little ones to support, he was actually human and said that in light of my family circumstances he would have a cheque printed in 15 minutes and i would recieve it by the weekend, gobsmacked, he was so polite and i was back, it doesnt cost anything to be nice to people and in my case its got me a settlement im so happy with and i can stop stressing about the thought of having to go and stand before a judge,believe me its not that scary when your in letter mode but when your hearing date comes its sickening, well for me it was, so now i just have to wait if the cheque doesnt arrive by Saturday he,s told me to ring him on his direct line and he,ll sort it, i dont doubt him either,as he was so, so, nice,SUCCESS AT LAST.

Keep at all you Shabbey claimers your red letter day WILL come,

Good Luck,

Jaky:D :D :D

Jaky well done - what a nice way to settle!!! Glad you got a settlement YOU were happy with.

The Lloytds case was totally different to the "unlawful charges" stuff many of us have been doing with the Banks etc.. - seems different issues were involved. It's obvious that many of the Banks will try use this as a scare tactic to try put people off reclaiming their charges etc.. ?

Mrsouzet - Jaky is right if you want to keep your claim in small claims - it may be best to try separate it into different claims under £5k - BUT there is lots of info here on the other tracks you could take and I am sure there will be people who are experienced in using the other tracks who could advise. But if you say you have made your mind up to stay small claims - as Jaky says split the claims.

Goodluck!!

:D wow thanks to both of you for your replies very helpful and informative. I am not quite sure what track to follow will have a read of other people's threads and make my mind up then. (Got to wait till payday next week anyway)

To Jaky: well done!! so pleased for you!! Will let you all know how it goes;) Thanks again

:D wow thanks to both of you for your replies very helpful and informative. I am not quite sure what track to follow will have a read of other people's threads and make my mind up then. (Got to wait till payday next week anyway)

To Jaky: well done!! so pleased for you!! Will let you all know how it goes;) Thanks again

I forgot to ask you to set up your own new thread (there is a button at the top that lets you do this) in the relevant forum - give it your own title etc.. EG MRSOUZET V Abbey perhaps

This way people will see you are new and will be able to offer you advice etc.. based on their experiences and knowledge - you'll be surprised how many people come to you and help you!!

You will find differing experiences from both tracks (small claims & fast track) this way by reading and weighing up the "pros & cons" of each you can make the decision that is best for you. Neither of the routes are wrong - they just differ.

If you get stuck ask questions we can help you

Many thanks Elizabeth will do that. Cheers:)

Hi there all

Well done on the big success you deserve it and I know that you will all win against the Abbey as we did in the end. If I can be of any help please ask.

Regards

Catherine:) :)

xxxxxx

just subscribing

Thankyou for your reply. I am already well into my claim, Its now due to be heard on the 7th of Sept. I was just wondering if anyone had actually had to appear at court yet and what it was like as I am really nervous!

After sending this letter to abbey with help from CAG:

Dear Sir,

I am writing you today in a further effort to ask you to consider my claim. I am most disappointed that no one has even acknowledged my previous correspondence.

I have been notified that the Allocation Questionnaire is being dispensed with in this case and that it has been transferred to XXXXX County Court. I have written to you in the past, asking for you to consider my case and I have heard nothing. Were this to come before a judge, it is obvious who is making any and all attempts at resolution.

It is my feeling that you seem to have no intention of defending this claim in court and are simply procrastinating.

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £4500.00 as full and final settlement of this particular claim.. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

Please find enclosed another copy of my schedule of charges relating to this claim.

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would whole heartedly approve of our settling this matter in a timely manner and without their further intervention. I look forward to hearing from you.

Sincerely,

After about a week I received the following letter;

We refer to your letter dated xxx

With respect, we do not believe that a £76.73 reduction in your claim represents a genuine attempt to settle this claim without recourse to the courts.

There must be some charge for the numerous defaults that have a fact occurred on you account.

In the interests however of pursuing settlement negotiations with you. Abbey National PLC is prepared to make payment to you in the sum of £3432.55 in full and final settlement of your claim. Any payments, admissions, blah, blah, blah!

yours faithfully

Inga Kirkman

Phoned Inga up and she was really nice (surprisingly), said I'd take £4K and she accepted this figure without any hassle. Original claim £4576.73 (with interest and costs).

Really pleased with this as I've never had that amount of money in one go in my life. and was getting fed up with the waiting (started the whole process Feb 2007).

I suggest that if claimers are getting fed up with the whole procedure of waiting, a letter of settlement near a court date is the answer.

If not. Good luck, the wait and work is worth the effort

I can now add abbey to my list:

Natwest ; settled in full

Halifax ; settled in full

Abbey ; deal made

Barclaycard ; defence entered

Halifax Credit Card;Still awaiting statements (after 3 months) financial omb investigating

Hi, just a quckie have read recently that not a good idea to split claims into smaller amounts if they are concerning the same account, the courts do not take kindly to claimants doin this as is wastin their time???? has anyone heard the same???

I am similar situation... claiming £12000 from abbey and at present they have just filed a defence to my claim so we r awaiting an AQ! Have tried to follow threads to see how your claim panned out but i am new to this and haven't a clue how to navigate around this site!!!! But guessed you won & your fab news has given me such a boost of confidence as was begining to think about pullin out!! but will keep at it! Can i ask for somw advice....When the AQ arrives Do i tick NO to the Small claims track?? or do they automatically send it to Fast track regardless?? Also where can i get info on how to prepare a court bundle for a fast track claim?? want to be prepared just incase!!! thanx x

So sorry not to have been on site for so long but have been unwell however back now and ready to carry on. Good luck to those who have won and those who are already or just beginning the battle against the banks etc!!

Love Catherine Bear:)

So sorry not to have been on site for so long but have been unwell however back now and ready to carry on. Good luck to those who have won and those who are already or just beginning the battle against the banks etc!!

Love Catherine Bear:)

Glad you feeling better and ready to commence battle again!! xx

Good Morning Everyone

Have been off site for a long time due to ill health and my computer broke! am now returning to do battle against Kensington, GMAC, MBNA and Capital for charges relating to non payment of credit cards and mortgage payments can anyone let me know the best way to go forward as I am a bit out of touch with everything. Also I am trying to get a friend of mine to join the site she had a credit card in 2000 and they have now come after her for non payment is there a limit on time that they can pursue you so I can advise her which way to go.

Lovely to be back among friends and what a great result in the Court decision.

Loads of Love

CatherineBear:confused:

Heyyy, I thought I recognised the name!

Welcome back.

Best thing is to start a new thread in each relevant forum laying out the background of each case, and same thing for your friend, hers will be in the Debt Collection Industry forum (I don't think we already had the debt forum last time you were?).

The mortgage one, be careful as in some cases, your contract says you are liable for their court costs even if the action was started by you (go figure), so read well on the site and your T&Cs before launching into that one, we have had a couple of disasters because of that loophole.

Capital 1 - Won't settle until you issue court claim, then as far as I know, give in quite quickly (I'm filing against them tomorrow myself), will refund to the card though, so make sure you specify it has to be by cheque/BACS to specific accoutn from the start.

That's it, really. Get those threads started! ;-)