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iosh

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  1. THANKS GUY When i phoned the court today as abbey had until the 30th of April to file a defence which i recieved from abbey today. The lady from the court said the judge will not be sending a AQ form is that right????????
  2. recieved a letter from abbey to day which they enclosed a copy of the defence that they have filed with the court. what to i do next i have scan the letters can someone help Kind Regards IOSH
  3. iosh

    iosh v abbey

    cool thanks i keep you informed Kind Regards IOSH
  4. iosh

    iosh v abbey

    Thanks michael do i included the interest
  5. iosh

    iosh v abbey

    What do i do next this is what the Abbey as sent me. We are in the process of reviewing this claim and preparing our response. A defence will be filed in due course. In the meantime, we note that you have claimed the sum of £4994.87 in respect of charges that you say have been made on your Abbey account. We appreciate that you may have previously forwarded details of your claim to our internal complaints department however, we do not access to that information. To expedite the processing of your claim could you therefore please provide to us: i your account nummber II details of how you have calculayed your claim by date and amount of each charge claimed;and III details of how the interest is calculated, showing how interest is calculated by reference to each charge. As you will appreciate you will need to produce evidence to the court regaarding these amounts, and this information should have been appended to your claim form when you filed your claim. we should be grateful if you would provide such details to us as soon as possible. It would also be helpful at this stage if you can provide e-mail and telephone contact details to us. we look forward to hearing from you
  6. What do i do next this is what the Abbey as sent me. We are in the process of reviewing this claim and preparing our response. A defence will be filed in due course. In the meantime, we note that you have claimed the sum of £4994.87 in respect of charges that you say have been made on your Abbey account. We appreciate that you may have previously forwarded details of your claim to our internal complaints department however, we do not access to that information. To expedite the processing of your claim could you therefore please provide to us: i your account nummber II details of how you have calculayed your claim by date and amount of each charge claimed;and III details of how the interest is calculated, showing how interest is calculated by reference to each charge. As you will appreciate you will need to produce evidence to the court regaarding these amounts, and this information should have been appended to your claim form when you filed your claim. we should be grateful if you would provide such details to us as soon as possible. It would also be helpful at this stage if you can provide e-mail and telephone contact details to us. we look forward to hearing from you
  7. iosh

    iosh v abbey

    sorry i mean martin lewis website
  8. iosh

    iosh v abbey

    sorry i used money lewis website i have only just read your reply is this ok 1. Between 09/05/2001 and 08/08/06 the Defendant debited numerous charges from the Claimant’s xxxxxx account. 2. The charges are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999, because they are a disproportionately high sum in compensation compared to the cost of the purported breach. 3. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty. 4. Under the County Courts Act, the claimant is entitled to interest of 8% per annum from the date they were deprived of the money. This totals £1,028.87 accruing at the daily rate of 0.021% until judgment or payment. 5. The Claimant asks the court to enter judgment in their favour for £3,966.00 plus interest, totalling £4,994.87
  9. iosh

    iosh v abbey

    michael should i put the address for abbey london or my local address as i put the london address and summited my claim on line sugar i hope i have done it right Cheers iosh
  10. iosh

    iosh v abbey

    thanks you are a star
  11. iosh

    iosh v abbey

    Hi michael is this ok can i take out the section 69 or what to i put in it help please. CLAIM NO: xxxxxxxx In the [insert court name] County Court john Claimant -AND- [Abbey National plc] Defendant CASE SUMMARY _________________________ _________________________ ___ I am the Claimant in this case. Wrote to the Defendant 2. On 03 Feburary 2007 I wrote to the Defendant requesting a refund of charges. 3. I received a letter from the Defendant on the 09 February saying that they are investigating my complaint 4. On 27 February I wrote again to the Defendant advising that I am disappointed that you have not agreed to refund my charges and i would be filing a claim should I not receive a satisfactory response. 5. 7th March received a letter from the Defendant with a goodwill gesture. 6. On the 08 March 2007 received a letter from the complaints Department that they are investigating my complaint. 7. On the 09 March 2007 sent a letter to thank them of their gesture of goodwill with the attached charges that they owe me. And will be proceedings for the rest at court. 8. On the 15 March received a letter from the Defendant saying they are investigating my complaint. 9. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the Contract between itself and the Claimant. 9. A list of charges applied is attached to this Case Summary. 10. The Claimant contends that:- a. The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant and are not intended to represent or related to any alleged actual loss but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b. The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999, Paragraph 8, Schedule 2(1)(e); The Unfair (Contracts) Terms Act 1977 Section 4; and the Common Law. (****hope this is what you meant?) 11. Accordingly the Claimant claims: i. The return of the amounts debited in respect of charges in the sum of £4,994.87 which includes overdraft interest charged; ii. Court costs (court fee of £120.00, Allocation Questionnaire fee of £100.00). iii. Interest of £xxxxxxxx (as at 26.06.06) under Section 69 of the County Courts Act as set out on the attached list of charges. 12. I would respectfully ask that the Court, in this case, notwithstanding allocation to the small claims track, order standard disclosure. a. The Defendant to file at the Court office and serve me with a list setting out how charges have been calculated. b. I understand that it is in the Courts discretion to do so. Statement of Truth I believe the facts stated within this Case Summary to be true comprising of xx pages. 26th March of 2007 Signed [iosh]
  12. iosh

    iosh v abbey

    Thanks michael these are the charges i sent to abbey twice do i have to start again with the link you gave me DateCharge ValueamountInterestTotal 09/05/2001unpaid dd charge £30.00£13.92£43.9208/06/2001unpaid dd charge £30.00£13.72£43.7209/07/2001unpaid dd charge £30.00£13.52£43.5209/07/2001unpaid dd charge £30.00£13.52£43.5209/07/2001unpaid dd charge £30.00£13.52£43.5209/07/2001unpaid dd charge £30.00£13.52£43.5208/08/2001unpaid dd charge £30.00£13.32£43.3208/08/2001unpaid dd charge £30.00£13.32£43.3208/08/2001unpaid dd charge £30.00£13.32£43.3209/09/2001unpaid dd charge £30.00£13.11£43.1109/09/2001unpaid dd charge £30.00£13.11£43.1109/09/2001unpaid dd charge £30.00£13.11£43.1109/09/2001unpaid dd charge £30.00£13.11£43.1109/09/2001unpaid dd charge £30.00£13.11£43.1109/10/2001unpaid chq charge £30.00£12.91£42.9109/10/2001unpaid dd charge £30.00£12.91£42.9109/10/2001unpaid dd charge £30.00£12.91£42.9108/11/2001unpaid dd charge £30.00£12.72£42.7208/11/2001unpaid dd charge £30.00£12.72£42.7208/11/2001unpaid dd charge £30.00£12.72£42.7209/12/2001unpaid dd charge £30.00£12.51£42.5109/12/2001unpaid dd charge £30.00£12.51£42.5108/01/2002unpaid dd charge £30.00£12.31£42.3108/01/2002unpaid dd charge £30.00£12.31£42.3108/02/2002unpaid dd charge £30.00£12.11£42.1108/04/2002unpaid dd charge £30.00£11.72£41.7209/05/2002unpaid chq charge £30.00£11.52£41.5209/06/2002unauth o/d fee £15.00£5.66£20.6609/06/2002cleared transaction £15.00£5.66£20.6609/06/2002cleared transaction £15.00£5.66£20.6609/07/2002unpaid dd charge £30.00£5.56£35.5609/07/2002unpaid dd charge £30.00£5.56£35.5609/07/2002unpaid dd charge £30.00£5.56£35.5609/07/2002unpaid dd charge £30.00£5.56£35.5608/08/2002unpaid dd charge £30.00£10.92£40.9208/09/2002unpaid dd charge £30.00£10.72£40.7208/09/2002unpaid dd charge £30.00£10.72£40.7209/10/2002unpaid dd charge £32.00£11.21£43.2109/10/2002unpaid dd charge £32.00£11.21£43.21 Dateunpaid direct chargeamountInterestTotal 09/12/2002unpaid dd charge £32.00£10.79£42.7909/02/2003unpaid dd charge £32.00£10.35£42.3511/03/2003unauth o/d fee £15.00£4.75£19.7508/04/2003unauth o/d fee £15.00£4.66£19.6608/04/2003unpaid chq charge £32.00£9.94£41.9408/06/2003unpaid chq charge £32.00£9.52£41.5209/07/2003unauth o/d fee £15.00£4.36£19.3609/07/2003unpaid chq charge £32.00£9.30£41.3008/08/2003unpaid dd charge £32.00£9.09£41.0908/08/2003unpaid dd charge £32.00£9.09£41.0908/08/2003unpaid dd charge £32.00£9.09£41.0908/08/2003unpaid dd charge £32.00£9.09£41.0908/08/2003unpaid dd charge £32.00£9.09£41.0908/09/2003unpaid dd charge £32.00£8.87£40.8709/10/2003unpaid chq charge £32.00£8.65£40.6509/10/2003unpaid dd charge £32.00£8.65£40.6509/10/2003unpaid dd charge £32.00£8.65£40.6509/10/2003unpaid dd charge £32.00£8.65£40.6509/11/2003unpaid chq charge £32.00£8.44£40.4409/11/2003unpaid chq charge £32.00£8.44£40.4409/11/2003unpaid dd charge £32.00£8.44£40.4409/12/2003unpaid dd charge £32.00£8.23£40.2309/12/2003unpaid dd charge £32.00£8.23£40.2308/01/2004unpaid dd charge £32.00£8.02£40.0208/01/2004unpaid dd charge £32.00£8.02£40.0208/01/2004unpaid dd charge £32.00£8.02£40.0208/01/2004unpaid dd charge £32.00£8.02£40.0209/02/2004unpaid dd charge £32.00£7.79£39.7909/02/2004unpaid dd charge £32.00£7.79£39.7909/02/2004unpaid dd charge £32.00£7.79£39.7909/02/2004unpaid dd charge £32.00£7.79£39.7909/02/2004unpaid dd charge £32.00£7.79£39.7910/03/2004unpaid dd charge £32.00£7.58£39.5810/03/2004unpaid dd charge £32.00£7.58£39.5810/03/2004unpaid dd charge £32.00£7.58£39.5810/03/2004unpaid dd charge £32.00£7.58£39.5808/04/2004unpaid dd charge £32.00£7.38£39.3808/04/2004unpaid dd charge £32.00£7.38£39.3808/04/2004unpaid dd charge £32.00£7.38£39.3809/07/2004cleared transacation£20.00£4.21£24.2109/08/2004unpaid dd charge £32.00£6.52£38.5209/08/2004unpaid dd charge £32.00£6.52£38.5209/08/2004unpaid dd charge £32.00£6.52£38.5208/09/2004cleared transacation£20.00£3.94£23.9408/09/2004cleared transacation£20.00£3.94£23.9408/09/2004cleared transacation£20.00£3.94£23.9408/09/2004unpaid dd charge £32.00£6.30£38.3008/09/2004unpaid dd charge £32.00£6.30£38.30 Dateunpaid direct chargeamountInterestTotal08/09/2004unpaid dd charge £32.00£6.30£38.3008/09/2004unpaid dd charge £32.00£6.30£38.3008/09/2004unpaid dd charge £32.00£6.30£38.3008/09/2004unpaid dd charge £32.00£6.30£38.3008/09/2004unpaid dd charge £32.00£6.30£38.3009/10/2004cleared transacation£20.00£3.80£23.8009/10/2004cleared transacation£20.00£3.80£23.8009/10/2004unpaid dd charge £32.00£6.09£38.0909/10/2004unpaid dd charge £32.00£6.09£38.0909/10/2004unpaid dd charge £32.00£6.09£38.0909/10/2004unpaid dd charge £32.00£6.09£38.0909/10/2004unpaid dd charge £32.00£6.09£38.0909/10/2004unpaid dd charge £32.00£6.09£38.0908/11/2004cleared transacation£20.00£3.67£23.6708/11/2004unpaid chq charge £32.00£5.88£37.8808/11/2004unpaid dd charge £32.00£5.88£37.8808/11/2004unpaid dd charge £32.00£5.88£37.8808/11/2004unpaid dd charge £32.00£5.88£37.8809/12/2004cleared transacation£20.00£3.54£23.5409/12/2004unpaid dd charge £32.00£5.66£37.6609/12/2004unpaid dd charge £32.00£5.66£37.6609/12/2004unpaid dd charge £32.00£5.66£37.6609/12/2004unpaid dd charge £32.00£5.66£37.6609/12/2004unpaid dd charge £32.00£5.66£37.6609/12/2004unpaid dd charge £32.00£5.66£37.6608/02/2005cleared transacation£20.00£3.27£23.2708/02/2005unpaid dd charge £32.00£5.23£37.2308/02/2005unpaid dd charge £32.00£5.23£37.2308/02/2005unpaid dd charge £32.00£5.23£37.2308/04/2005cleared transacation£20.00£3.01£23.0108/06/2005cleared transacation£20.00£2.74£22.7408/06/2005cleared transacation£20.00£2.74£22.7409/07/2005cleared transacation£30.00£3.91£33.9109/07/2005cleared transacation£30.00£3.91£33.9109/07/2005cleared transacation£30.00£3.91£33.9109/07/2005unpaid dd charge £32.00£4.17£36.1709/07/2005unpaid dd charge £32.00£4.17£36.1709/07/2005unpaid dd charge £32.00£4.17£36.1708/08/2005cleared transacation£30.00£3.71£33.7108/08/2005unpaid chq charge £32.00£3.96£35.9610/09/2005cleared transacation£30.00£3.50£33.5010/09/2005unpaid dd charge £32.00£3.73£35.7310/10/2005cleared transacation£30.00£3.30£33.3008/11/2005unpaid chq charge £32.00£3.32£35.3208/11/2005cleared transacation£30.00£3.11£33.1108/08/2006unpaid dd charge £35.00£1.53£36.5308/08/2006unpaid dd charge £35.00£1.53£36.53 £3,966.00£1,028.87£4,994.87 kind regards iosh
  13. iosh

    iosh v abbey

    yes what do i do next??????????
  14. iosh

    iosh v abbey

    i used the Calculator from martin lewis money expert website
  15. iosh

    iosh v abbey

    using N1 i hate fillinf forms out i just want to get it right can you help iosh
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