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Felix the Foccer

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Everything posted by Felix the Foccer

  1. Thanks Rob but I haven't got them, in fact I don't even know when I opened the account. I guess I need to ring the Abbey and find that out first, and then start looking for T&C's
  2. Thanks Lula, I spotted that after I made the above post but thanks anyway ... quite new to all of this but finding this forum extremely helpful Popped my Abuse of Process letter in the post to the Court today ..
  3. Thanks Rob - I'm gonna pop that in the post this morning! In regard to 'Terms & Conditions', I have been with the Abbey for nigh on 18 years I think. Do I need the specific 'Terms and Conditions' from the exact time I opened the account? And if not, which ones should I use in any bundle? (Thanks in advance - again!)
  4. Just read this news Guido. Fantastic stuff! Well done
  5. ok, I now have a court date in September 07, I didn't need to file an AQ. I'm considering a) Sending a letter to the court asking for a Draft order for Directions to be made, in the hope that the case will be struck out ... (I've prepared this from this post (and others) http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html b) sending a nudge letter to the Abbey legal Team, as below, asking them: Dear Sir or Madam, Re: 'Felix' – v – Abbey National Plc Account no: xxxxxxx Claim no xxxxxxx. Filing date xx/xx/07 I am writing you today in a further effort to ask you to consider my claim. I am most disappointed that you have not 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 xxxxxxx County Court. I have written to you in the past, asking for you to consider my claim and reply to me. 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 £xxxx as full and final settlement of this particular claim..(rounded down to nearest pound and including your total claim including aq fee ). (Plus daily rate if applicable and you included it in your claim. Ie. accept the sumof £xxxx plus £x.xx per day from the date I filed the claim until the date it is resolved)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. Yours faithfully, Any thoughts? or shall I not bother with the second one and press on with the Draft Order of Directions, in the hope that the case will be struck out? Thanks in advance. Felix Edit: 6:25pm --- ok, I couldn't resist, and I thought it was pointless asking them again (apart form making me look good), so have gone for the application for their defence to be struck out ... will post my little bundle off first thing in the morning ... PS. A big thanks to everyone for all the helpful information so far too!
  6. (Just posted this on MSE too) Just back from two weeks holiday and I read this article from the BBC with some interest ... BBC NEWS | Business | Banks branded 'vexatious defendants' In it, it reads that ....Maria Dobson, from Newbury in Berkshire, highlights a way in which some claimants may be able to tap into this growing discontent among judges. In February, she lodged her claim against the Abbey, for £3,865.86, at Newbury county court. She then reached what is known in the procedure as the allocation stage. It is then that a judge, after reading the claim and the bank's defence, will typically set a date for a court hearing. But knowing that the Abbey, in common with all other banks, was highly unlikely to turn up on the appointed day, she adopted a different tactic. "I put in a draft order, asking him to say that the Abbey was abusing the system and to throw out the case as an abuse of process," she said. "I put in a list of cases that the Abbey had settled, and said they had settled so many a few minutes before going into the court room, I felt the bank had no intention of defending itself," she added. The result was swift. Judge Burgess agreed with Mrs Dobson. On 1 May, he struck out the Abbey's defence in a couple of brisk sentences and awarded her the money. My claim is awaiting an allocation date at my local County Court at present. Is this tactic of putting in a draft order to the court saying that the Abbey won't turn up one worth trying? .. and if so, where is the best place to get a list of cases of such etc? (I realise I can make a list up from victory claims from this forum and MSE etc but wondered if there was a more 'official' route to take ...) Thanks in advance oops, just spotted this other thread http://www.consumeractiongroup.co.uk/forum/legalities/91603-defence-struck-out-abuse.html but would still be interested in hearing peoples thoughts on how I go about applying for the order etc and at what stage ... Thanks.
  7. Thanks Benny, I rang the local court today who said it's up to the local judge so to just sit tight and wait ... sounds good to me
  8. I filed a claim at MoneyClaimOnline against the Abbey for £1500 worth of unfair charges (plus 8% interest). Abbey have since filed a (what I guess is pretty standard) defence. The Abbey wrote to me a while back and put £35 as a goodwill gesture into my account,to which I wrote back declining their £35 offer and authorising them to remove it from my account etc, at the same time offering them the alternative of settling my claim in full etc. On 15th May 07, Northampton County Court transferred the case to my local County Court. In the notes I have received from Northampton CC, it says: Without hearing IT IS ORDERED THAT:- 1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.** ** Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details. Can anyone tell me what this means in effect? Is it standard-ish? Do I have to pay another fee?? (I've already paid £120 on the Moneyclaim fee) Will I receive a letter from the local County Court next ...? And how long is usual to wait etc? Sorry for all the questions. I'm grateful for any advice you can give. Many thanks, Felix
  9. Hey Calv .. I am mate ... Abbey have just defended my claim for £1600 plus interest so I'm waiting to hear a court date and an AQ presumably ... And I offered a few quid for any fund for Kev earlier today on MSE (only just spotted Kev's thread on here). As before Kev, we're all watching and we're all supporting you! Good luck.
  10. Kev, Glad I found this thread. I was shocked to see what had happened. With Marin Lewis's offer of support, and the support of tens of thousands of people, I wish you every luck in any future appeal. Go for it mate! We're all watching!
  11. Thanks LivelyLad, I guess that's that then I just wanted to slap them up a bit more as they're so blatantly dragging their feet (and I'm on their case too, imagine the thousands who aren't!) Thanks again though, much appreciated.
  12. Great site guys ... found it thru the MSE bank charges threads ... I am currently taking Abbey to court for £1600 of charges, the sumons was issued on 11/04/07 but I have had had no acknowledgment of service yet. Can I add on to the claim a charge for each letter and phone call I have made to the Abbey? (only about 3 phones calls, and maybe 5 letters, from memory anyway). I have copies and have sent them recorded delivery etc. Thanks in advance.
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