After having beaten the Abbey I'm now ready to continue with everyone else!!! Can I start where I left off or am I best resending the preliminary letter? Thanks

I had to leave off my claim due to getting to confused with lots of claims running at the same time. Now I know what I'm doing after beating the Abbey, can I continue where I left off or do I have to start at the prelim letter again?

Thanks for your advice. After speaking to First Direct again, they confimr that the amount has been taken off what I owe and faxed my statement to prove. I'm happy now.

You do not know how happy that makes me feel to see this thread called Chica v's Abbey -WON!!! Thanks

As of today, my balance still hasn't been credited with 516 pounds. First Direct are saying they paid it to their collections department, collections are saying the case is with the solicitors, solicitors say no record of 516 being reduced off the debt!!! I'm hitting my head against a brick wall here!!! Any advice?

:grin: Well, no cheque had been recieved by Friday 19th so I called the number at the top of the letter I recieved and asked them where my cheque was and I was told it would get sent out that day. Sat morning a nice big fat juicy cheque for 2263.79 landed on the door mat!!!! I ran to the bank and deposited it!!!! THANK YOU FOR ALL YOUR HELP!!!!!!!!! On now to the reminder of Abbeys charges 15th Sept onwards!!! HAHA

Ooops. I 've already signed the statement and sent it back!!! I'll have to wait and see!!

Thanks for that Karnevil, but its not needed anymore!!!! I recieved a letter from Abbey yesterday. It says: In view of the amount that you are claiming and the legal costs that Abbey National plc (Abbey) would incur in arranging defence and representation at the Court, the decision has been made that, in this instance, your claim will be settled in full. Payment will include bank charges and interest totalling £2000.25, continuing interest totalling £43.54 and court fees of £220. This gives a total settlement amount of £2263.79. Abbey is raising a cheque for this amount, which will be paid into your account (if open) or posted to you. Please would you confirm receipt of the funds by signing and returning the additional copy of this letter. This payment of £2263.79 represents full and final settlement of your claim. It is on a 'without prejudice' basis and is entirely without any admission of legal liability by Abbey. We have written to the court to inform them that the case is being settled in full and asking them to withdraw the Preliminary Hearing from the court list. Once payment has been made we would be grateful if you would inform the Court that you have withdrawn the claim. Yours faithfully, Abbey National plc (I have to sign this statement) I, XXXX, have recieved the sum of £2263.79 in full and final settlement of my Claim against Abbey National plc, 6QZ66186, and confirm that I will write to the court and withdraw the claim. Dated and signed by ME! SO TO CONCLUDE WE HAVE BEATEN THE B***ERS AGAIN!!!! Can I request that it is sent by cheque even though my account is still open with them? Thanks everyone for your help. Donation on its way when I get the cash!!

Any ideas folks? Please!!!

Is there a template letter I could use to write to the Judge asking him to strike out the defence. I've still heard nothing from Abbey or the courts??

Amount requested from First Direct was £610.50, letter was sent and reply recieved offering £516.00in full and final settlement. I accepted!!! I'll let you know when the money arrives!!!

I have phoned the court today and Abbey still haven't handed in their witness statement!!! Have I won????!!!!

I would sit it out as its most likely to be settled out of court anyway.

I agree with Gizmo..that is the standard reply to everyone.

Well I've handed in my witness statement and as of 12.00pm, Abbey hadn't filed theirs!!! I realise they have until 4.00pm but what are the chances of them submitting it before then!!!! What happens next if they don't submitt??

Yes I originally filed my claim on the 15th September hence that date. (and I'm a she!!! )

Thanks every so much. Does Abbey need their copy at the same time?

Yes £1892 is the charges. Have I dropped a clanger??

I'm printing this off soon and I just wanted to make sure that everyone thought this was okay to send as a witness statement??

Right I'm going to print that later today and drop it off later at the courts!!! Do Abbey need their copy tomorrow aswell or can I send that 1st class???

Any ideas?? Ta folks

I did yes at the same time as First Direct, who recieved theirs.

I've not heard anything from them and 40 days is up. What do I do?

Revised Witness Statement I, xxxxof xxxxxwill say as follows:- 1. I am the Claimant in this case. 2. I make this Witness Statement in support of claim against the defendant. 3. I make this Witness Statement from information and facts within my own knowledge and which I believe to be true. 4. I have a contract with the defendant bank dated Nov 2004 and on the 26 June 2006 I wrote to the defendant requesting a refund of unlawful charges levied against my account. I am claiming the return of money taken by the defendant in the way of charges over the last 2 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. A reply was received on the 30 June 2006 stating that a member of the complaints team would be looking into my complaint and I would receive a reply to my complaint within 4 weeks time. 5. I wrote to the defendant on 12 July 2006 with my intention to file a claim in the courts due to the fact that the bank’s charges are a disproportionate penalty. 6. A letter was received on the 26 July 2006 stating that Abbey were sorry that they had given me cause to complain but that the charges were set out in the Terms and Conditions of the Account which I signed when I opened my account in November 2004. They also offered to reverse pending charges as a gesture of goodwill of £220 which I accepted in a letter dated 12 August 2006 as a partial payment of my claim. 7. On the 18th August 2006, the aforementioned £220 charges were taken from my bank account and as such a series of telephone calls ensued, which resulted in the charges being refunded back into my account. 8. I received another letter from the Abbey dated 23 August 2006, reiterating the fact that Abbey were sorry I felt I had cause to complain about their charges on my Current Account. I was reminded that a full investigation had been carried out and that no further refunds would be offered. 9. On the 25 September 2006 I filed with Bury County Court a claim against the defendant for the return of excessive penalty charges as outlined in my particulars of claim. 10. My claim is that the bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. 11. I have repeatedly asked the bank to justify their charges but they have declined to do so. As reported on a recent BBC2 ‘The Money Programme’, three experts have researched for a period of time and their conclusion is that the maximum cost incurred to process a ‘bounced cheque’ is £4.50 and a ‘direct debit or unauthorised overdraft’ is £2.50. Therefore being charged £20-£35 for the same ‘service’ is unlawful. 12. I am claiming interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 21 Mar 2005 to 15 Sept 2006 of £1892.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.42p Statement of Truth I believe the facts stated within this Witness Statement to be true and exhibit Exhibits comprising of 02 pages.

Case No: xxx In the Bury County Court [xxx] CLAIMANT -AND- [Abbey National PLC] DEFENDANT First WITNESS STATEMENT OF xxxx I, xxxof xxxxwill say as follows:- 1. I am the Claimant in this case. 2. I make this Witness Statement in support of claim against the defendant. 3. I make this Witness Statement from information and facts within my own knowledge and which I believe to be true. 4. On the 26 June 2006 I wrote to the defendant requesting a refund of unlawful charges levied against my account. A reply was received on the 30 June 2006 stating that a member of the complaints team would be looking into my complaint and I would receive a reply to my complaint within 4 weeks time. 5. I wrote to the defendant on 12 July 2006 with my intention to file a claim in the courts. 6. A letter was received on the 26 July 2006 stating that Abbey were sorry that they had given me cause to complain but that the charges were set out in the Terms and Conditions of the Account which I signed when I opened my account in November 2004. They also offered to reverse pending charges as a gesture of goodwill of £220 which I accepted in a letter dated 12 August 2006 as a partial payment of my claim. 7. On the 18th August 2006, the aforementioned £220 charges were taking from my bank account and as such a series of telephone calls ensued, which resulted in the charges being refunded back into my account. 8. I received another letter from the Abbey dated 23 August 2006, reiterating the fact that Abbey were sorry I felt I had cause to complain about their charges on my Current Account. I was reminded that a full investigation had been carried out and that no further refunds would be offered. 9. On the 25 September 2006 I filed with Bury County Court a claim against the defendant for the return of excessive penalty charges as outlined in my particulars of claim. Statement of Truth I believe the facts stated within this Witness Statement to be true and exhibit Exhibits comprising of 01 page. Dated this day of 2006 Signed 20 December 2006 Can someone check this over please!!! I've been really ill and this is the first chance I've had to do this witness statement. It needs to be filed on Friday!!!AAARRGHHH