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Everything posted by chica

  1. Has the 'The Money Programme' on BBC 2 , made a difference to anybodies claim? I'm going to sort out the witness statement tonight.
  2. Will the programme on BBC 2 the other night, make anything difference to the witness statement above? I haven't done it yet as I was waiting to see if Abbey settled out of court, but so far it doesn't look that way!!!
  3. Excellent!! Thankyou ever so much!! I should donate all my money when I get it back because without this site I wouldn't be getting anything!! I'm always telling people about this site and I hope that they manage to get the same help I have done!!! Is there any chance that this will be all settled before the 22nd of December? I've been reading some other threads and most people get 50% offers after filing the AQ...I've not recieved any!!! I really, really don't want to go to court!!!
  4. Thanks WillowB.....Does anyone else have advice??
  5. Recieved a general form of judgement or order today from the Local Court. It says: Upon the Courts own motion. The Court has made this order of its own initiative withoput a hearing. If you object to the order, you must make an application to hace it set aside, varied or stayed within 7 days of recieving it. It is ordered that: 1) The claim is allocated to the Small Claims Track. 2) Both parties shall, by 4pm on 22 December 2006, file at court and serve on each other the witness statements of themselves and of all witnesses (other than expert witnesses) on whom they intend to rely. 3) No party shall rely on or adduce the evidence of any witness whose statement has not been served in accordance with this Order without further permission from the court. 4) The matter be referred to District Judge... for final case amnagement directions upon filing of the statements ordered to be filed in paragraph 2 above. 5) Because this Order has been made by the Court without considering reprensentation from the parties, the parties have the right to applt to have the order set aside, varied otr stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropiate fee) to arrive within seven days of service of this order. Dated 24th November 2006. 1)What does this mean in english!!!??? 2) I take it I'm not getting my money back before xmas??
  6. Also sending my husbands DPA tomorrow. Will post here.
  7. Hiya folks, After success from Halifax Credit Card, I am now going for First Direct. Will send of DPA tomorrow by recorded. I will post here to let you all know how I'm getting on.
  8. I think the lady on Monday was having a bad day, because I took the N149 in again today and it was accepted with no problems. Here goes....wonder how long for a hearing date or do you think they will settle before then? Am going away just after christmas....hope I get it before then!!!
  9. I'm going to fill in both. Unless anyone else has any ideas? Thanks for your help philread1.
  10. It was sent in the post with my transference notice from the courts itself. The lady said that because my claim is for over £1500 I need to fill out N150.
  11. Went to the courts to day to hand in my allocation questionnaire N149 and was told it was the wrong form. Apparetnly I should be filling in N150. Have I cocked up somewhere? Worried now.
  12. Anybody got any links to an Allocation Questionaire?
  13. So how do I go about filling in the Allocation Questionaire? Thanks in advance Lesser1010
  14. Abbey have submitted a defence. Basically, it reads: 1. Save as is specifically admitted in this Defence, the Defendant denies each and every allegation set out in the Particulars of Claim. 2. It is admitted that the Claimant has a current bank account with the Defendant, account number to be particularised("Account") 3. At all times the Account has been subject to the applicable terms and conditions("Conditions"), which form part of the contract between the Claimant and the Defendant and to which the Claimant agreed when he opened the Account. The Defendant will refer at trail to the full Conditions but for the purposes of this Defence will refer to the following extracts: (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. (2) "An unauthorised overdraft occurs if without our agreement you overdraw your Account or exceed the limit of an overdraft which we have agreed." (3) "If you have an unauthorised overdraft, you will be charged fees as set out in our Tariff of Charges or specified to you and these may include fees for transactions we are unable to process due to lack of available funds in your Account." 4. Throughout the period that he has had the Account, the Claimant recieved a number of copies of the Conditions and of the said Tariff of Charges as they were amended and updated(though there has been no material amendment to the Conditions extracted in paragraphs 3(1), (2) and (3) above). 5. Any overdraft facility on the Account was (and is) subject to the Conditions. 6. The Claimant has overdrawn or exceeded authorised overdraft limits on the Account on a number of seperate occasions, full details of which will be provided on disclosure. Therfore by virtue of the Conditions referred to in paragraph 3 above such overdrawing was unauthorised and in breach of contract and the Claimant became liable to pay fees to the Defendant in accordance with its Tariff of Charges applicable at the relevant time. In accordance with the Conditions, such fees were debited to the Account. 7. In view of the facts and matters referred to in paragraphs 3,4,5 and 6 above, the Defendant denies that the amount of £2000.25 or any other amount, was unlawfully debited to the Account and the Claimant's claim for the repayment of that amount is therefore denied. 8. The Claimant's contention that the said fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportinate to the Defendant's administrative expenses incurred due to the Claimant's breach of contract and are a genuine pre-estimate of the damages suffered by the Defendant. 9. Further or in the alternative, even if the said fees are not proportinate to the Defendant's administrative expenses incurred(which is denied), the Claimant remains liable to pay such fees as may be found to be proportionate and the Claimant is not entitled to claim repayment of the full amount of each charges made to the Account. 10. No admissions are made as to the amounts claimed by the Claimant and the Claimant is put to strict proof of the same. The Defendant believes that the facts stated in this defense are true. I am duly authorised by the Defendant to su=ign this statement. Full name Inga Kirkham Positon Held: Legal Officer Date 25 October 2006. I also have atransference to my local court and an allocation questionaire to fill in!!!!!!!!!!1 HELP!!!
  15. Today is now 27 days from service. Do I carry on waiting or have I won by default tomorrow?
  16. Claim was acknowledge by the Abbey on the 10th of October. What happens next?
  17. This account has been took over by Robinson Way and they are no threatening me with Legal action. Surely the can't do this is the account is in dispute? I haven't sent my acceptance letter back yet!
  18. OK I was starting to get really worried!!! Thanks for that.
  19. Abbey have advised me that DLA Rowdy Roddy Piper or whoever they are (the common solicitors) are not dealing with my case. Abbey will be defend themselves. I get the feeling this is a bad thing??!! True?????
  20. Claim was submitted on 25th Sept, the court deem the claim to be delivered to Abbey on the 30th which leaves them until the 14th Oct to reply. Abbey acknowledge on the 10th October. Do I know expect a letter in the post from them? What will it say? Chica
  21. I have another account with the Halifax for my current account. I didn't apply for a default removal claim cos I still owe them money. Can I do so now? It was my fault for getting a default and so not all of hte fault is from their charges on this account. What do you think?
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