jules1973
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Everything posted by jules1973
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Just filling in the N1. Where it says Defendents name and address at the bottom of page one, do I still need to fill this in if I have already put their details in at the top of the N1 form under Defendant(s)? Also at the box at the bottom (opposite where it asks for defendants address) it states Amount Claimed (Do I put Charges + Interest in this box or just the charges) Sorry if it is obvious, just want to get it right. Court Bundle Also, the Office of Fair Trading Report 2006 - I have gone on their website, is it the one that is around 34 pages long? Also, are there any specific points that I should highlight or is all of it relevant, and therefore just leave it for the judge to read? Also, can I put in my bundle details of previous claims that Abbey have settled before going to court (using case numbers from CAG Website) to show the judge that Abbey have always settled beforehand, or are these best put in the AQ or would it be advisable to put them in both? Also found this link, hope that people can use it in their court bundle http://www.libdemsinbusiness.org.uk/news/000749.html, this is also a good one, a High Court Judge is getting sick of banks using the court system http://news.bbc.co.uk/1/hi/business/6653757.stm
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I totally agree, if they keep refering to it, it is just going to make people even more nervous than they already are, and could put people off claiming money back that is rightfully theirs.
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Kev Have now subscribed to your thread, so I can keep an eye on how you are doing. At least Abbey have sent you a standard letter telling you it will take 4wks blah blah blah, I havent even had that privilege ha ha ha. Maybe they are on a cost cutting exercise, not sending letters out anymore, therefore saving money to enable them to pay people out. Hopefully they will "forget" to respond to my court summons as well and then they can lose on a default. (Wishfull thinking I know)
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Surely we cant have bad news two weeks running, I wish they would hurry up and make a verdict, my nails have been bitten down enough already.
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Kev read post #79 on my thread, it links you to a website which lists t&cs from various months and years. Regards Julie
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Pop in anytime you want, i will subscribe to yours to see how you are doing. I am trying to locate t&c's from 1997-1998, if not I will just include a copy of their latest ones, and a couple of other examples from years ago to show that even in 2002 and current date, they are practically the same T&C's Julie
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Thanks Louis I thought that was the case, just needed to make sure. Thanks for the advice on the court bundle. Your help once again is appreciated. julie x
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Dont let them dictate the timeframe, stick to your schedule as this is their standard fob off. if you have already sent both your prelim and letter before action, then start the court proceedings. have you started your own thread? if so, let us know what it is and we can keep track on how you are doing. good luck
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Question on Particulars of Claim On section 5a it states "the return of the amounts debited in respect of charges in the sum of £xxxxxxx and any interest charged thereon;" My question is, does the sentence "and any interest charged thereon" only need to be included in the POC, if you are claiming for overdraft interest, as I know that the 8% interest that I am claiming for is already covered/mentioned in 5c). or do you still need to include that sentence if you are just claiming the charges back? Also, Quick question on the Court Bundle (I want it try and prepare it as early as possible) - When I prepare my index sheet, is it better to list it in the same order as the template in basic court bundle, or can I move the index layout around to correspond with the order of directions that I will be proposing to the judge if i get an AQ, and he agrees to them. (I know its a lot of ifs and buts, but I want to be as prepared as early as I can). I.e - can I set my index out like this 1) Correspondence (direction a) 2) Latest Charges etc (direction b) 3) Statements (including oft statement & Early Day Motion plus other info) (direction c) 4) Relevant Case Law Summary , Dunlop v New Garage, UTCCR 1999, UCTA 1977 SOGA 1982 (direction d) I want to get this right, just incase Abbey do start going to court Hope this makes sense (I am probably talking nonsense), if so, I sincerely apologise and I will blame it on being blonde.
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I opened my account around May 1998, but dont seem to be able to open the terms and conditions for December 1997. Is anyone else having problems opening this one, or does it mean they havent archived the t&c's for Dec 1997. If any one has a copy of the t&c's for around May 1998, could you pm them to me, or put them on this thread. many thanks in advance.
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Cheers kev and Louis,thanks for being there for me:) As i put on another thread, I found this from Tinkerbella v abbey's thread, when she wrote to Abbey listing all of the previous case numbers they had settled before setting foot in court, they sent her a response with this paragraph included. "Each case is determined on its own merits. Your reference to court claim 6QZ84736 is of no relevance to your case, and nor is a court entitled to take into consideration any other claim in the determination of your claim". Shouldn't they practice what they preach? and therefore not of quoted the Berkwick Case outcome in the letter to Foxy Fiona (on first page of this thread), as as in their words "....is of no relevance to your case, and nor is a court entitled to take into consideration". Maybe the Abbey need reminding of this, and make them eat their words. Maybe we should start preaching this line back to them, telling them the Berwick case is of no relevance to our cases.
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Quick question On abbey T&C's under overdrafts it mentions that if you overdraw your account when they have not given you an overdraft you are in breach of these condtions, does that only apply to if you havent got an overdraft, as when it mentions about exceeding your OD limit, it doesnt mention the line about being in breach of conditions? I printed off the judges judgement in the berwick case and i must admit, I am still a wee bit worried. Unless I have overlooked something, I cannot see what Kevin Berwick did that is so different to anyone else. He seemed to include everything in this court bundle that we are all doing and still the judge threw it out. I am still going to persevere with my claim to the very end, though it would be nice in a couple of weeks to read on peoples threads that abbey are still paying them out regardless of the berwick case. i guess that would then put a lot of peoples minds at rest.
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I found this from Tinkerbella v abbey's thread, when she wrote to Abbey listing all of the previous case numbers they had settled before setting foot in court, they sent her a response with this paragraph included. "Each case is determined on its own merits. Your reference to court claim 6QZ84736 is of no relevance to your case, and nor is a court entitled to take into consideration any other claim in the determination of your claim". Shouldn't they practice what they preach? and therefore not of quoted the Berkwick Case outcome in the letter to Foxy Fiona (on first page of this thread), as as in their words "....is of no relevance to your case, and nor is a court entitled to take into consideration". Maybe the Abbey need reminding of this, and make them eat their words. Maybe we should start preaching this line back to them, telling them the Berwick case is of no relevance to our cases.
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Spoke to hubby, he not that bothered about the OD interest, he said he will be happy with all the charges back. Thanks for offering to help though Louis, it is much appreciated. I went on the thread which discusses the Lloyds case, and clicked on the thread where you can view old t&c's, clicked on the year 1997 (we opened it in 1998), but it doesnt seem to come up with anything. If anyone has any old abbey t&c's from around the end of december to around Aug 1998, I would love a copy.
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Cheers Louis Will speak to hubby and see what he wants to do (its muggins here that is doing it all, as well as looking after 2 kids and working), women, we are sooooo goood at multi tasking He owes me a relaxing holiday after all this is done.
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Our overdraft limit is £2200.00 and to be honest we are never completely out of it as I have my own account in which my wages go in so hubby is the only one that uses it. Hubby gets paid weekly so it gets reduced each week, but as we only use the account to pay bills, savings plans, transferring money to deposit accounts etc, so each month we always pay between £6.00 - £15.00 which shows on our account as INT DEBIT. I thought we had to pay this as basically we are using their money as technically it isnt ours. As soon as his wages go in, they come back out again on savings and bills. If that is the case, can I still claim some back then?
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thanks noobrider Wonder if these two points will be reworded in the not too distant future. I so wish I had kept my T&C's but threw them away, didnt expect to be this position of claiming my money back, oh well, I know better now not to dump things.
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These are their current T&C's dont know if the bits I have highlighted will help, or if I am barking up the wrong tree. 5 Interest and charges 5.1 We may pay you interest on your Account when it is in credit and charge you interest if it is overdrawn. A higher rate of interest will be charged if your overdraft has not been authorised in advance and we may make a charge. This applies to the excess above any authorised overdraft limit. Authorised overdrafts are only available to customers who are 18 or over. We will tell you what the rates and charges are, how interest will be calculated and about any changes in the rates and charges. 5.2 We will tell you our Tariff of Charges for day-to-day charges and about any changes in the Tariff. We will also tell you about any charge for a service related to your account which is not in our Tariff. We will do this on request or before or when we provide the service to you. 5.3 Interest and charges will normally be credited or debited, as appropriate, to your Account on the same day each month, unless you have requested a change of statement date. We will give you at least 14 days notice of interest and charges for standard account services to be debited. 5.4 We may change our interest rates or our charges at any time, for one or more of the following reasons: (a) To maintain the competitiveness of our business as a whole, taking into account actual or expected changes in market conditions; (b) To reflect actual or expected changes in money market interest rates; © To ensure that our business is run prudently; (d) To reflect a change in general banking practice; (e) To reflect any regulatory requirements or guidance, or any change in the law or a decision or recommendation by the Court or an Ombudsman; (f) To enable us to harmonise our banking or charging arrangements; (g) To reflect changes in technology or in the direct costs we are required to pay to others, or to take account of inflation. 5.5 We may also change our interest rates and/or charges for any reason which is valid. If we do so we will give you notice and you are free to close your Account immediately without loss of credit interest but you must repay any overdraft, interest or charges outstanding on your Account. 5.6 We will notify you within 3 days of any change in our interest rates and we will give you at least 30 days' personal notice of any change in our charges. 5.7 We may introduce day-to-day charges for different types of transaction by giving you at least 30 days' personal notice. (Please refer to Condition 19.) 5.8 We may charge you a fee for any administration costs incurred by us as a result of any breach of this agreement by you. 5.9 We will charge your Account with our costs of enforcing our rights under these Conditions if you are in breach of them, including tracing costs, collection agency costs and legal costs incurred. Any such costs charged by us will become due and payable immediately. 6 Overdrafts 6.1 You can apply for an overdraft on your Account. If we give you an overdraft we will tell you your limit and the interest rate applicable. We can change your limit at any time, or the rate applying to your overdraft in accordance with Condition 5.4. We can also require you to repay your overdraft at any time. As long as you have not exceeded your overdraft limit, we will wherever possible give you at least 28 days' notice. 6.2 We also have the right to pay off or reduce an overdrawn balance on your Account by transferring funds from any of your other accounts with us (other than a mortgage account). 6.3 An unauthorised overdraft occurs if without our agreement you overdraw your Account or exceed the limit of an overdraft which we have agreed. If you overdraw your account when we have not given you an overdraft you are in breach of these Conditions and must immediately pay sufficient money into your account to put it into credit, taking account of any interest and charges you will have incurred. Similarly, if you exceed the limit of an overdraft which we have given you, you must immediately pay sufficient money into your account to bring yourself within your overdraft limit.
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I printed off the whole of the abbey's T&C a couple of months ago from the internet, and Section 5 refers to "charges" being debited from your account if you go overdrawn. It also mentions that it you go overdrawn, and it is unauthorised you have breached your conditions.
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Hi Melissa yes that is how I worked mine out, if I remember rightly your charges are round about the same as mine. (Mine are £2170.00). I havent filled in the N1 form yet, but I have copied and pasted the POC from this site and saved it, and put as much of the info in as I can at this stage (I cannot put what the total interest is yet or the date of issue of the claim), but apart from that the rest is done and ready to go. I have also started filling in my statement of evidence with info thats relevant to me ready for when it gets to that stage.
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Hi Melissa We have a £2200 overdraft, and we get charged a percentage rate depending on how much of it we use each month. Some months when we have had a lot of money go into the account and havent really touched the OD then we might only pay £4-5.00. For example, say one month our account said -£2190 it means we only have £10.00 left as we have used up all our £2200.00 overdraft limit. if we exceeded this even by a penny, then we are charged £20.00 for exceeding our OD limit, then £30.00 on top for clearing a DD when overdrawn, confused, I know I am.
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Having read a thread on the MSE website Abbey forum (from Kev2b3) They are now sending out letters telling people they are recalling their OD and will be collecting it on 1st July If this is their latest trick then: 1) - They must be worried that they are going to lose so many cases and pay back so much money that they feel they need to bully/threaten people with taking their overdraft away so that people back down and stop their court claim. 2) Talk about shoot yourself in the foot, they will lose so much more money doing this, as they currently take around £15 a month from us for us having the pleasure of their overdraft facility, and if you times this by the thousands that have OD facilities, then you are talking about a lot of money. I havent had this letter yet. I have also never had my OD reviewed in all the years I have had it, so if I do get a letter regarding this, then it can only be because I am going to sue their Ar!!e
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I guess if they started turning up at court, they would then have to reveal exactly what their charges are, and they are not prepared to disclose that. I personally think things will carry on as normal. They are probably hoping that more judges will take the view of the one yesterday and vote in the banks favour, but I think more judges will be more like Judge Mackie (who is sick and tired of the banks). At least I hope I am right:eek:
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Hi Melissa, I havent had the fob off letter yet, but I am sure it is winging its way to me as we speak. I am also glad that I wont come across the judge from birmingham, unless he transfers to Basildon to escape the heat. Reading the link from BF really helped clear things up, for a while yesterday I was worried, now I am back, ready to kick some shabbey a@#e. Must admit though, I am surprised that Kevin even attended court and didnt ask for it to be struck out as Lloyds hadnt supplied a court bundle, or maybe he didnt ask for the specific directions to be followed. I hope he appeals and gets his money back. Hopefully with the advice from the people at CAG and MoneySaving he will.
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Thanks Louis and noobrider.
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