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lisa11

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  1. Chelseaboy, You have got me really worried now. I was simply asked to provide evidence of charges and why these costs were unlawful so this is what I had provided to Abbey and the Courts. I had put a previous thread on here to see if I needed to submit the bundle at this stage but as i do not have a court date I was advised no. However, I am in the process of writing a letter to the courts explaining I have had no correspondance from Abbey.
  2. Hi there, I had to do this 2 months ago. I sent them a schedule of all charges - i.e all bank statements and a top copy with the interest calculator on. I also sent to them all documents relating to unlawful charges. This included all cases, Reports I.e OFT, and relevant law. Abbey did not acknowledge my report I sent them. Ensure you send this next day delivery or recorded and send all copies to the court aswell. Abbey had until today to offer me a settlemet which they failed to do so I am waiting for the next part of the SAGA
  3. I have rung up the courts today as abbey had until today - requested by the courts - to offer me a settlement which they ignored. They now have 7 days to send to the courts why there costs are lawful. Should they fail the claim will be struck out. Could someone with first hamnd knowlege ploease advise me what i should expect to happen at this stage from Abbey and any suggestions whether I should send a letter to the courts advising of Abbey completley ignoring all correspondance.
  4. I am really hoping that someone can give me some advice as I do not know what to do next. Over a year and a half ago I moved out of my house with my children which their father took over. I was advised by their father that I would recieve x amount as he was taking over the property and that I would no longer be on the mortggae or the deeds of the property. Everything seemed fine but I had to keep chasing and requesting that all had been done and I was constantly told that everything was complete. To my horror I have recently found out that I have a default in joint names for the address that I used to live at - This default was issued 8 months after I had moved out of the property. I have so far contacted the mortgage company and they have provided me a copy of the org agreement, the default notice and contact regarding this. All correspondance was sent to the previous address so I would have never recieved this. And my ex partner had stated at all times that I have nothing to do with the mortgage or deeds and that his solicitor had sorted everything out. I had constantly chased him - and he had always reasurred me I was off. I had signed a letter with his solicitor 4 months before the default about coming off the deeds. I have since requested copies of this documentation and solictors details which he has ignored. I do not know where to proceed next as A) I was not contacted by the mortgage company as they were never told by my ex-partner that I had moved out despite him telling me all had been done by his olicitor. B ) This could be construded as fraud as my ex-partner had informed me at all times that I had nothing to do with anything anymore. My purpose now is to have the default removed. Do I go to a solicitor or the police - I do not know which type of solicitor would have experience dealing with this. Please help me.
  5. I have been requested by the courts to send in the penalty charge costs I am claiming, for the failed direct debits. I have also been requested to send in an explanation why I believe the costs are unlawful. Could someone clearly advise me if I need to just send in the whole court bundle at this stage, witness statement, case summary etc... as I am overloaded with information and am very confused. many thanks for your support?
  6. Could anyone please tell me that when sending in my statements and relevant law cases whether i need to justify why I am using these cases as thjey seem to be self explanatory. Also at this stage can i put in a statement of evidence and case summery.
  7. I have recieved the following from my court this morning. Could you please advise me what I should do i.e Paragraph 9 and advise what this order really means to me. Upon reading the documents filed and upon it apearing that there are so many similar cases proceeding in this courtwhich do not come to trial and upon recognising that the courts resources are finite and of the courts own motion. It is ordered that 1 - The claim is not allocated to a track but will be allocated when directions are given pursuant to Paragraph 8. 2 - Allocation questionnaires are dispenced. 3 - The claimant shall by 00/00/07 file and serve on the Defendant a schedule setting out each charge of which the claimant claims repayment together with an explanation of the basis on which the claimant claims each charge is unlawful or any other basis on which theclaimant claim repayment. 4 - If theclaimant fails to comply the claim will be struck out. 5 - Tha claim shall be stayed from 00/00/07 - 00/00/07 to give parties an 0pportunity to reach a settlement. 6 - If no settlement is reched by 00/00/07 the Defendant shall by 00/00/07 file and serve a schedule in response to the claimants schedule stating in respect of each item claimed. a. pursuant to which if any contractual provision such charge was made b. if such charge is alleged to be unlaawful the basis on which it is so alleged. c. if it is alleged the charge is a genuine pre-estimate of the defendants loss incurred as a result of the claimants actions (whether or not such actions are in breach of contract) all facts matters on which the defendant relies as showing that the charges are a genuine pre-estimate loss including the Defendants positive case as to the actual cost dealing with such actions: and d. draft directions for the further conduct of the case to be agreed with the claimant if possible. 7. If the defendant fails to comply with paragraph 6 of thgis order the defence shall be struck out and the claimant shall be entitled to judgement without further order. 8. If the defendant complies with paragraph 6 above the matter will be referred to a District Judge for dircetions. 9. Any party affected by the order may apply to have it set aside varied or stayed. Such an application must be made not more than 7 days after the date on which the order was served.
  8. Hi there, Could someone please help me. Abbey have wriiten to me today advising that they have requested Npton court to stay all claims relating to unauthorised overdraft bank charges. This is just a standard template letter they have used once again . I am not claiming for overdraft charges, I am claiming for penalty charges for failed direct debits. Shall I now write to Npton court advising of standard template letters used from abbey and re-advise the courts that my charges are penalty charges for direct debits not overdraft fees so i request that my claim should continue. Please help? The letter also advises they will honor existing offers made - I rejected their offer. Thankyou in advance for all the support recieved.
  9. Abbey have still failed to provide me with 2 months of missing bank statements despite the fact that I have written three times now requesting these. I am still awaiting my court date to be sent through via the courts as my claim has been dispenced with. I had requested the judge to make special directions and In sent the court a court order but still have had no response. Is there anything else I can do now to get abbey to send me my missing details. In my last letter I had not only requested these staements by mid July but I also sent in a request for information and clarification under CPR Part 18 which abbey had to respond by mid july and have failed. Could anyone please advise me of the next process.
  10. Hi Dsilverstein, Could you please email me them to me aswell so I have both copies please. Greatly appreciated.
  11. lisa11

    lisa11 v Abbey

    I cannot find any letters that Abbey have sent me to include in my bundle and statement of evidence with regards to my unpaid direct debit charges and to be honest with you I do not know if I ever received them or when I did I chucked them???. I knew the charges would be coming out of my account as it stated this on the btotom of my monthly statements. Do I ring Abbey to request one to be re-issued - they may refuse. Do I include in my bundle that I have no letters.
  12. Hi Dozytart!!!! Just to let you know I did find alittle information about the T&C's for 1999 under the following link Internet Archive Wayback Machine However, please double check your bank account and this is the confusing part. My account is an instant plus current account which has different terms and conditions to a standard current account and Instant plus is no longer available. I rang up abbey and they told me they would not send me out the T & C's and it was on their website. I made them hold on the phone and told them that it wasn't on their site so how would I get them. I was fobbed off and told to go into the bank in town So I did. An advisor spent ten minutes trying to find my account t&c's which they printed out for me. They are slighly different i.e worded to the other 1999 T & C's so I am now confused as to whether I do have the correct ones - there is no way I can find out - only Abbey know. But it could mean that their template defence is not applicable as they have taken it from the current account. How do I know???? So I am going to include both T&C's in my defence as clearly in my case Abbey have not provided me with the correct T&C's and clearly the everyone in the bank was confused. Abbey have have only ever sent me updated tariff charges.
  13. Hi there, I have the basis court bundle but my pages are not that long for the UTCCR,UCTA+SOGA so I was hoping you could let me know where these are on there to make sure i have not missed anything off.
  14. lisa11

    lisa11 v Abbey

    Thanks Marie, I have just emailed a moderator to ask for this to be done. Something that is really confusing me- so I stick to one thread only is that I would like to change the title as I have more queries and am finding that this cannot be done - so the title may not refer to the up to date question. Is there a way to do this. I really appreciate your feedback over the last few days. I am starting to find the whole process so confusing. I am such an organised person so I find it really frustrating to not know what to do next. I got so confused over the draft directions and the court order I submitted. I understood the whole process but thought that as the court order stated that i had to send all documents within 14 days that it meant from the date handed to the court- not the date should the judge approve. It just means now that I can relax abit more and wait to hear back. many thanks once again.
  15. lisa11

    lisa11 v Abbey

    I have submiited directions to my local court with a draft order and have been busy preparing my documents to send into the court within 14 days. I thought the 14 days was from me submitting to the court my draft order but I have just picked up from another thread - HSBC - that you send it should the judge agree. I am now very confused.... Do I wait for the courts response i.e judge to agree or do I automatically send these documents to them? See below for order: Draft Order for Directions The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made; b) Copies of any statement or other document relied upon as showing that each and every charge has been made; c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise; d) Copies of decided cases and other legal materials to be relied upon. If the Claimant fails to comply with this order, the claim will be struck out without further order.
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