Wooooo hooooooo........I did it......I won:D :D

Got home from work today and there was a lovely letter from the Abbey stating that they have now been able to reconcile my account and without any admission of liability they have decided to settle in full:D Just got to await the safe arrival of my cheque which they are raising at the moment.

Am so happy especially after yesterdays anxieties...........yay:D

Am now going to put in a wasted costs order, do you think I should initially appproach Abbey with a figure? Or just go directly through the courts and do this formally?

Woooooo hooooooo

Many thanks to everyone on this site and now my battle will continue with Capital One.

Good luck to everyone else

Brownie24:D

Personally I wouldn't bother nudging as you could win by breach of court order if they fail to submit on time.

Good point Noobrider..... I had forgotten about that. Just getting a bit anxious that is all, as I have not had any recent correspondence from the Abbey and they have never even made me an offer yet........ahh well just as well I suppose because it's not an offer i'm looking for only the full amount will do for me:D

IF you do need to go to court you can take the T's and C's with you providing you provide a copy to both the Abbey solicitor and the judge. Its a question of declaring everything to everyone. The bundle is primarily the initial evidence you need to bring the case to court outlining the arguments and case law. It would be doubtful that the T's and C's would be required on the basis that Abbeys defence already declares a breach of contract.

I will print a copy of the t&c off anyway so that I am fully prepared should needs be.

Brownie24:)

Thanks for that Tanya.

Good luck

Brownie24:)

Hi Cornflake

Hang on in there and don't back down now:)

Just wondered if you had Inga Kirkman's email address to hand? I sent my bundle of two weeks ago and still heard nothing so I thought I would check if they have recieved it safely and nudge them along

Brownie24:)

Is there anybody out there??????

If so does anyone have an email contact for the Shabbey? Not heard anything since submitting by bundle so thought I would give them a nudge along and check if they have recieved it.

Anyone?

Brownie24:)

Hi all

My court bundle went off to Abbey and was recieved on 9th May, not heard anything as yet. Now in light of the recent Lloyds shock victory I want to make sure that should needs be I would be fully prepared to take on the Abbey in court.

I am aware that we already have a strong advantage here as the Abbey have already stated in their defence that we have in fact breached contract and they also make reference to this in their terms and conditions!

So although I did not submit a copy of their t&c with my court bundle I think that if i was unfortunate enough to go to court I would like to use this info. Would I simply need to take this along with me if needs be? or would I have to formally update my court bundle and how could I do this?

Brownie24:)

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.

 

They state they will charge our accounts with their costs.........well what exactly are their costs?! They have yet to disclose these details as they know that what they are actually charging us is extortinate and not a true reflection of their actual costs and therefore unenforceable:D

Therefore can we not use this extract to further strengthen our case?

Brownie24:)

Hi Pete

Don't give up. Mondays decision was only the view of one district judge and sets no precedent whatsoever.

Just make sure that you're fully prepared if your case gets to the later stages and I'm sure with everybody's expertise on this site you will be more than prepared should needs be:)

Brownie24

Hi Madshacks

Don't give up.......Abbey have alrady admitted in their standard defence that we have in fact breached the contract!!!

Although the court bundle can seem daunting at first with the help and advice from the people on this website you'll be able to do it.....god knows if I managed to get it together anyone can:D

Brownie24:)

Cheers doo. Will change letter accordingly.

Its just that Cap. 1 refer to them as overlimit fee charges on my statement.

Brownie24:)

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/90660-lloyds-victory-view-judgement.html

The following quote was taken from the above link:

This case shows that it is for the Claimant to prove the claim. That means that you must have the terms and conditions in your court bundle. In fact, you really ought to have the terms and conditions that have applied to your account in various amended forms for the whole period for which you are claiming charges so that you can show that there has always been a contractual term that requires you not to go overdrawn or exceed an agreed overdraft limit.

 

Just thought this might be useful for us all to know and make sure that we include this in our court bundles so that we have all angles covered. Does anyone have a copy of the Abbey's t&c available?

Brownie24:)

Good call, so they have already admitted we have breached the contract!

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/90660-lloyds-victory-view-judgement.html

This quote taken from the above link:

This case shows that it is for the Claimant to prove the claim. That means that you must have the terms and conditions in your court bundle. In fact, you really ought to have the terms and conditions that have applied to your account in various amended forms for the whole period for which you are claiming charges so that you can show that there has always been a contractual term that requires you not to go overdrawn or exceed an agreed overdraft limit.

Just to cover our backs should we also not be including t&c with our court bundles? Does anyone have a copy of these available?

Brownie24:)

Cheers will do.

When got back from work today my boyf had recieved what seems to be the standard stalling letter saying that they are looking in to his claim and that he should have a response within the next four weeks! Whatever.....we're sticking to the 14 days deadline so off goes the LBA:D

Hi

If I use the standard LBA and add the following would this sound OK?:

My statements show that you have taken £892.00 in unlawful penalty charges (late payment and overlimit fees). Plus I am claiming a further £672.07 to date in compounded contractual interest at the rate 35.6%, this being the rate that is currently applied to my account. The total sum to date being £1532.38. For your reference, I have attached a detailed schedule of these charges

Brownie24:)

Hi

No response to by boyf prelim letter so ready to send off his LBA. Which address should I send this to? and can I use the one from the bank template library?

Do I change the figures in this letter to reflect the total claim to date? as I am claiming CCI at a daily rate

Thanks

Brownie24

Hi

My both me and my partner have next catalogue accounts. My partner is struggling to make a payment at the moment and they are threatening him with legal action saying that his account will be passed over to a debt collection agency. Now I'm just trying to get my head around this whole CCA thingy and would be grateful if you could point us in the right direction. When he spoke to them last night I told him to ask for a copy of his credit agreement and they seemed to clam up and back off a little!

I am right in thinking that they cannot record anything adversley on our credit file without a signed copy of a credit act agreement? (pretty sure that neither of us have ever signed anything like this) If they have recorded adverse info can we then get this removed?

Also from reading this thread are we able to claim back the interest they have charged us over the years?

If they are not sticking to the guidelines then I will submit a formal complaint to OFT.

Brownie 24:)

Hi all

In light of the recent Lloyds success am just concerned as to whether I should have included a copy of my current account contract in the bundle? In the judgement the the judge admitted that he'd been given insufficient evidence by both parties!! If my case is taken this far I want to ensure that I have all the necessary required info to hand, so should we now be including terms and conditions in our court bundles?

Also how could we get hold of our orgininal contracts?

Brownie24:)

Could it not be a victory in disguise? If he decides to appeal the decision in the High Court and he was eventually victorious would this then not set a precedent for us all. Maybe it's the judges way of forcing the banks hand because in the high court they would finally have to disclose the information regarding the actual cost of their charges which to date they have still not done. At the end of the day at the moment these cases are clogging up the court system and maybe this action could put an end to them once and for all with the banks having no option but to pay up and avoid the uneccessary stalling tactics which they are employing at the mo.......heres hoping:)

Hi all

My OH is looking to reclaim some old HSBC charges. However these are for a closed account that he held about 8 or 9 years ago. What are his chances of getting hold of these old statements? How far back do HSBC normally supply statements?

Also he does not know the account no. so if he was to supply his name and address, DOB etc on the SAR letter would this be acceptable info in order to obtain this?

Thanks for any help.

Brownie24:)

Hi all

so my court bundle was recieved by Abbey and my local court on 9th May, does this mean that Abbey now have 28 days to submit their paperwork? and normally how long does it take after you submitting it before they make an offer? Hopefully not too long:D

Brownie24

Hi Michaela

The numbers I have for GE money are - 0870 1242413 or 0113 2807080.

You will eventually get put through to a customer advisor, but if I remember correctly it took me a while to do so and I think I just had to input the wrong number so it overrode the system and put me through to someone rather than a machine!!

Good luck.

Brownie24:)

You accepted as settlement for that particular claim. This will be a whole new claim, so yes go for it!

Hi Gez

So although these charges were incorporated into my old claim but were not paid I could reincorporate them in to my new claim in view of my new understanding of the Limitations Act?

Just want to get my head around this properly as I wouldn't want to put myself in a position where the judge could throw my case out!

Thanks

Brownie24

Hi Electirc Lemon

I think if I were you I would also add/amend the contents of the LBA letter and incorporate them in to Paintballs letter of above. That way you have informed them of your stance of requiring full settlement and also of your actions to proceed with court action if they do not act favourably.

I would therefore amend the time period to 14 days as given in LBA. That way you have given them a reasonable time period and followed the necessary steps to settle your claim before you take court action.

Brownie24:)

Hi guys

Just a quick update my boyf sent of his prelim on 28th April no response as yet so will get his LBA ready to send off early next week!

I am also now ready to send of my prelim letter. I rang Capital One this morn and after a bit of persuasion was told over the phone that my current APR is 31.54% so this is the rate I will be charging them for my CCI claim:D

Brownie24

Hi Gez

So do you think I should go after the ones that they bullied me out of getting last time these were for the peroiod Oct 2000 to Jan 2001 and amounted to about £600 ish? I am just concerened that these were initially included in my previous claim which I did accept to a settlement of as the money was useful at the time although I kicked myself afterwards for backing down. I had also informed the court that this claim was settled, so I am not sure about how I could lawfully incorporate these amounts again into a new claim where I would also be claiming for new recent charges and charges pre this period when I get the info from a new SAR i will submit?

Brownie24:)