Cheers for that. I had sent you a pm asking for her email, that'll be useful. I'm going to go through the fiche printouts again later tonight, I've got brainache at the moment!

Hi Southerner I checked your thread already, and I must admit I'm having the same problem. I've checked and double checked the date the DD were unpaid and sometimes within 2 months either side there is no charge. I find it unbelievable that Abbey wouldn't have charged the £30 for not paying it. There are some instances that the charge has been applied (I have the statement) but I just cannot find it anywhere on the fiche printouts. I'm assuming my letter has come from Inga, only by their ref at the top of the letter is Murphy/ICK. I'm assuming the ICK is Inga Kirkham. I've not contacted Abbey by email before, only by letter, but I think the only thing I can do is to email Inga and ask why some of the charges that I have statements for do not appear on the fiche printout. Aside from that there are a couple of charges on the fiche printout that they've failed to notice (they've highlighted everything they've added onto their schedule of charges). I guess they must be rushing to catch up with their back log!

Okay, something weird here...... I have today received from Abbey my 6 years of microfiche statements and an offer of settlement! The figure they have offered is alot less than what my claim was for, I had to estimate it because I only had 18 statements to hand. My concern is that the charges I do have statements for, do not show on the fiche printouts. They are willing to pay these, but my only concern is if these do not show on the microfiche printouts - could anything else not be showing. I'm quite happy to accept what they are offering, but I want to be sure its correct. Has this happened to anyone else???????????

Congratulations on your success!! The 2 threads I've been following closely at the same stage as me, have both paid up. I've just sent my letter to the court advising of Abbey's non compliance for bundles and your thread has just given me oodles of confidence. Well done !

Quick update: It was ordered by the Judge on 21 Dec, that me and Abbey had to send copies of our evidence to each other within 3 weeks of that date. Then for me to send my bundle to the court and Abbey within 8 days of the hearing date (8 Feb). I wrote to Abbey on 7 Jan with my evidence asking them to send theirs to me before 22 Jan to enable me to include it in my bundle. No surprises then that I haven't heard a peep from Abbey. I don't think I'm going to go the route that alot of others have, in so much as I'm not going to chase Abbey with emails/letters, I'm just going to write to the judge enclosing my bundle and a copy of the letter sent to Abbey on 7 Jan, informing him that they haven't complied with the order. (I will copy Abbey the bundle and letter) Abbey have never replied to any of my requests apart from the bog standard fob offs. They've made promises to respond to me within set periods of time and have never bothered. Whats going to be different this time? I'll be sending them off tomorrow, so i'll wait with baited breath!

Don't worry, I think there's alot of us in the same position. I've just 'prepared' my court bundle, does take a long time (mine has taken well over 3 hours) - might just be that I'm a bit thicker than the person in the previous thread !! or it could just be that I've read my court order over about 20 times and keep interpreting it in different ways ! Anyway all the info you need is on this site. Here's hoping Abbey pay up before we all get to court!!! I keep thinking maybe I'll be the one the tide changes for and end up in court. Still, don't worry until your date arrives - hopefully you'll have received your money before then.

Thanks. I have already posted the question several times on my thread. I'll pm Karne - thanks again

Hi Southerner I've been following your thread for some ime as you are at a similar stage to me. I'm due in court on 8th feb, I need to submit my 'evidence' to Abbey before my court bundle. Its due any time now. I've noticed you had to submit your evidence to Abbey too and I'm wondering what the difference is between the 'evidence' I need to submit and my actual court bundle. I'm a little confused at this stage as to whether i should just send the court bundle now. Can you help? I'm down to it being due within the next few days and as of yet have not received Abbey's 'evidence'. Thanks

Another quick question, forgive me if I'm being simple...'statement of case' I'm not entirely sure what this is or what I need to include. Can anyone point me in the right direction. Thanks again.

Hi Has anyone managed to have a look at the above yet? Now I've re-read, re-read & re-read it. I'm assuming in the first instance that the evidence I send to Abbey, is only the paperwork the court has already seen. Do you think this is correct? I really want to get it in the post to Abbey on Monday as I'm a bit close to the deadline..... Thanks, as always for your help.

Sure. Upon reading the Ex parte application IT IS ORDERED THAT 1. See District Judges order attached. ORDER Timetable for a small claim THE COURT DIRECTS/by consent that: 1. The case shall be allocated to the small claims track; AND THE COURT FURTHER DIRECTS of its own initiative that: 2. The parties prepare for the trial by taking the steps indicated by ticks in the boxes below; The parties shall serve on each other within 3 weeks of the service of this order copies of their evidence and bring the original evidence to the trial. The parties may not rely on evidence which has not been served in accordance with this order without the court's permission The parties shall try to agree any amounts claimed The parties may not rely on expert evidence without the courts permission The parties may apply for further or other directions after seeking each other's consent, unless impracticable; The claimant shall deliver to the court and the defendant at least a week in advance a bundle for use at the trial, clearly marked with the case name and reference and the trail date and containing copies of the parties' statements of case, any orders made by the court (including this one), the parties' evidence and any statements in date order with numbered pages fastened so that they can be turned and read easily. 3. This case shall be tried abefore a district or deputy district judge at this court on the earliest convenient date a least 5 weeks after the service of this order. The time-estimate for the trial (which includes time for the judge to consider the papers breifly beforehand and deliver a short judgement afterwards) is 1 hour. Notice of the date fixed for trial accompanies this order; 4. The parties shall inform the court at once if they settle; 5. A party affected by an order made of the court's own initiative may apply to have it set aside, varied or stayed within 7 days of service. Trial date has been set for 8 February. Thanks

Thanks Karnevil Can you just verify for me. In the order the court sent it states: The parties shall serve on each other within 3 weeks of the service of this order copies of their evidence and bring the original evidence to the trial. The parties may not rely on evidence which has not been served in accordance with this order without the court's permission Further down the order: The claimant shall deliver to the court and the defendant at least a week in advance a bundle for use at the trial, clearly marked with the case name and reference and the trail date and containing copies of the parties' statements of case, any orders made by the court (including this one), the parties' evidence and any statements in date order with numbered pages fastened so that they can be turned and read easily. I'm clear on what I include in the court bundle, but first it says I need to send my evidence to Abbey. Am I right in assuming its only the statements I need send to them with a covering letter or shall I just send the whole court bundle to them? and the court now. Sorry if I'm just confusing things and making it difficult when there is so much help and info on the site. Thanks

Received Notice of Trial Date in post dated 21 Dec. Court date set for 8 Feb 2007. The timetable included states that both parties shall serve on each other copies of their evidence. Can someone verify what I need to send other than the 18 months statements I have in my possession. (the rest is based on estimation as they've never supplied requested statements) The timetable also states that I need to deliver the 'bundle' at least a week before the court date. Once I've sent Abbey my evidence, should I contact them to try and reach settlement out of court? Its making me very nervous..... Thanks

Well done, you've given me (a little) faith. Court date 8 Feb. Hope all goes well for your second case!

Hi Sorry I'm not answering your above question but I thought I might be able to ask for some advice seeing as you are at a similar stage to me. I received a letter from court 21 Dec giving me a court date of 8 February 2007, day after yours. As yet I haven't sent my evidence to Abbey, I have another 10 days to do this. Can you verify for me what to send, or what you sent, basically all I have is my 18 months statements as I'm estimating the rest as they have failed to provide statements as requested. Its reasurring to read someone else who is at the same stage. Also did you use the basic court bundle?

Oh well, I've returned the details they've requested and sent a copy to Abbey as well.(both by recorded del) I guess I'll wait to hear what they come up with next.

Excellent - thanks guys! I think I'll ask to remove it. Makes my life a little simpler right now. Also, I'm a bit concerned that my schedule of charges I gave the court is different to the one I sent Abbey in my LBA. Since sending it to Abbey, they refunded 315.00 of charges which I removed from the most recent charges on the schedule I submitted to court. Do I need to mention this. I'm thinking that I had 18 statements with 738.50 of charges, 738.50 divided by 18 = 41.02. But on the schedule I sent to the court some of those 738.50 charges were removed to deduct the refund they made into my account, so if the judge looks at it he'll wonder where I got 738.50 from. Does this make sense????

Sorry obviously never read the foot of your reply........stressed mum!

I've tried again, don't know what I'm doing wrong.........

In Respect of:AmountDate IncurredDays since offenceInterest 8% APRESTIMATED CHARGE£41.0220/07/20002324£20.97ESTIMATED CHARGE£41.0220/08/20002293£20.69ESTIMATED CHARGE£41.0220/09/20002262£20.41ESTIMATED CHARGE£41.0220/10/20002232£20.14ESTIMATED CHARGE£41.0220/11/20002201£19.86UNPAID DD CHARGE£30.0016/12/20002175£14.36ESTIMATED CHARGE£41.0220/01/20012140£19.31ESTIMATED CHARGE£41.0220/02/20012109£19.03ESTIMATED CHARGE£41.0220/03/20012081£18.78ESTIMATED CHARGE£41.0220/04/20012050£18.50ESTIMATED CHARGE£41.0220/05/20012020£18.23ESTIMATED CHARGE£41.0220/06/20011989£17.95ESTIMATED CHARGE£41.0220/07/20011959£17.68ESTIMATED CHARGE£41.0220/08/20011928£17.40OVER OD LIMIT£16.5003/10/20011884£6.84UNPAID DD CHARGE£30.0015/10/20011872£12.36OVER OD LIMIT£16.5011/11/20011845£6.70OVER OD LIMIT£16.5006/12/20011820£6.61UNPAID DD CHARGE£30.0015/12/20011811£11.95ESTIMATED CHARGE£41.0220/01/20021775£16.02ESTIMATED CHARGE£41.0220/02/20021744£15.74ESTIMATED CHARGE£41.0220/03/20021716£15.49ESTIMATED CHARGE£41.0220/04/20021685£15.21ESTIMATED CHARGE£41.0220/05/20021655£14.94ESTIMATED CHARGE£41.0220/06/20021624£14.66ESTIMATED CHARGE£41.0220/07/20021594£14.38ESTIMATED CHARGE£41.0220/08/20021563£14.11ESTIMATED CHARGE£41.0220/09/20021532£13.83ESTIMATED CHARGE£41.0220/10/20021502£13.55ESTIMATED CHARGE£41.0220/11/20021471£13.27ESTIMATED CHARGE£41.0220/12/20021441£13.00ESTIMATED CHARGE£41.0220/01/20031410£12.72ESTIMATED CHARGE£41.0220/02/20031379£12.44ESTIMATED CHARGE£41.0220/03/20031351£12.19ESTIMATED CHARGE£41.0220/04/20031320£11.91ESTIMATED CHARGE£41.0220/05/20031290£11.64ESTIMATED CHARGE£41.0220/06/20031259£11.36ESTIMATED CHARGE£41.0220/07/20031229£11.09ESTIMATED CHARGE£41.0220/08/20031198£10.81ESTIMATED CHARGE£41.0220/09/20031167£10.53ESTIMATED CHARGE£41.0220/10/20031137£10.26ESTIMATED CHARGE£41.0220/11/20031106£9.98ESTIMATED CHARGE£41.0220/12/20031076£9.71ESTIMATED CHARGE£41.0220/01/20041045£9.43ESTIMATED CHARGE£41.0220/02/20041014£9.15ESTIMATED CHARGE£41.0220/03/2004985£8.89CLEARED TRANSACTION£20.0026/04/2004948£4.17CLEARED TRANSACTION£20.0026/04/2004948£4.17UNPAID DD CHARGE£32.0026/04/2004948£6.67ESTIMATED CHARGE£41.0220/05/2004924£8.34ESTIMATED CHARGE£41.0220/06/2004893£8.06ESTIMATED CHARGE£41.0220/07/2004863£7.79ESTIMATED CHARGE£41.0220/08/2004832£7.51ESTIMATED CHARGE£41.0220/09/2004801£7.23UNPAID DD CHARGE£32.0025/10/2004766£5.39UNPAID DD CHARGE£32.0021/01/2005678£4.77CLEARED TRANSACTION£20.0025/01/2005674£2.97CLEARED TRANSACTION£20.0003/02/2005665£2.93UNPAID DD CHARGE£32.0004/02/2005664£4.67CLEARED TRANSACTION£30.0029/03/2005611£4.03CLEARED TRANSACTION£30.0005/04/2005604£3.99UNPAID DD CHARGE£32.0025/04/2005584£4.11£2,285.40£730.89£3,016.29

Not sure why my spreadsheet has come out as gobbledy gook.............????

Hi Karnevil I'm confused with the interest bit now, I've just claimed the interest @ 8% Schedule of charges as follows: In Respect of:AmountDate IncurredDays since offenceInterest 8% APRESTIMATED CHARGE£41.0220/07/20002324£20.97ESTIMATED CHARGE£41.0220/08/20002293£20.69ESTIMATED CHARGE£41.0220/09/20002262£20.41ESTIMATED CHARGE£41.0220/10/20002232£20.14ESTIMATED CHARGE£41.0220/11/20002201£19.86UNPAID DD CHARGE£30.0016/12/20002175£14.36ESTIMATED CHARGE£41.0220/01/20012140£19.31ESTIMATED CHARGE£41.0220/02/20012109£19.03ESTIMATED CHARGE£41.0220/03/20012081£18.78ESTIMATED CHARGE£41.0220/04/20012050£18.50ESTIMATED CHARGE£41.0220/05/20012020£18.23ESTIMATED CHARGE£41.0220/06/20011989£17.95ESTIMATED CHARGE£41.0220/07/20011959£17.68ESTIMATED CHARGE£41.0220/08/20011928£17.40OVER OD LIMIT£16.5003/10/20011884£6.84UNPAID DD CHARGE£30.0015/10/20011872£12.36OVER OD LIMIT£16.5011/11/20011845£6.70OVER OD LIMIT£16.5006/12/20011820£6.61UNPAID DD CHARGE£30.0015/12/20011811£11.95ESTIMATED CHARGE£41.0220/01/20021775£16.02ESTIMATED CHARGE£41.0220/02/20021744£15.74ESTIMATED CHARGE£41.0220/03/20021716£15.49ESTIMATED CHARGE£41.0220/04/20021685£15.21ESTIMATED CHARGE£41.0220/05/20021655£14.94ESTIMATED CHARGE£41.0220/06/20021624£14.66ESTIMATED CHARGE£41.0220/07/20021594£14.38ESTIMATED CHARGE£41.0220/08/20021563£14.11ESTIMATED CHARGE£41.0220/09/20021532£13.83ESTIMATED CHARGE£41.0220/10/20021502£13.55ESTIMATED CHARGE£41.0220/11/20021471£13.27ESTIMATED CHARGE£41.0220/12/20021441£13.00ESTIMATED CHARGE£41.0220/01/20031410£12.72ESTIMATED CHARGE£41.0220/02/20031379£12.44ESTIMATED CHARGE£41.0220/03/20031351£12.19ESTIMATED CHARGE£41.0220/04/20031320£11.91ESTIMATED CHARGE£41.0220/05/20031290£11.64ESTIMATED CHARGE£41.0220/06/20031259£11.36ESTIMATED CHARGE£41.0220/07/20031229£11.09ESTIMATED CHARGE£41.0220/08/20031198£10.81ESTIMATED CHARGE£41.0220/09/20031167£10.53ESTIMATED CHARGE£41.0220/10/20031137£10.26ESTIMATED CHARGE£41.0220/11/20031106£9.98ESTIMATED CHARGE£41.0220/12/20031076£9.71ESTIMATED CHARGE£41.0220/01/20041045£9.43ESTIMATED CHARGE£41.0220/02/20041014£9.15ESTIMATED CHARGE£41.0220/03/2004985£8.89CLEARED TRANSACTION£20.0026/04/2004948£4.17CLEARED TRANSACTION£20.0026/04/2004948£4.17UNPAID DD CHARGE£32.0026/04/2004948£6.67ESTIMATED CHARGE£41.0220/05/2004924£8.34ESTIMATED CHARGE£41.0220/06/2004893£8.06ESTIMATED CHARGE£41.0220/07/2004863£7.79ESTIMATED CHARGE£41.0220/08/2004832£7.51ESTIMATED CHARGE£41.0220/09/2004801£7.23UNPAID DD CHARGE£32.0025/10/2004766£5.39UNPAID DD CHARGE£32.0021/01/2005678£4.77CLEARED TRANSACTION£20.0025/01/2005674£2.97CLEARED TRANSACTION£20.0003/02/2005665£2.93UNPAID DD CHARGE£32.0004/02/2005664£4.67CLEARED TRANSACTION£30.0029/03/2005611£4.03CLEARED TRANSACTION£30.0005/04/2005604£3.99UNPAID DD CHARGE£32.0025/04/2005584£4.11£2,285.40£730.89£3,016.29 The claim is an estimated one, they never complied with my data protection request, and only ever sent 12 months of statements to me. I have (I think) 18 statements and have based my calculations/estimations on those 18 statements. ie: 18 months statements with 738.50 of charges, so 738.50 divided by 18 = 41.00. In my Particulars of Claim, I have put: Accordingly the claimant claims:- a. The return of amounts debited in respect of charges in the sum of £2285.40 and any interest charged theron. b. Court Costs c. Interest of £703.74 under section 69 County Courts Act as set out on the attached schedule of charges. Hope this makes sense. Thanks so much for your help, trying to concentrate on this with 2 screaming little ones doesn't help!

Have today received in the post a General Form of Judgement or Order from the Court. Upon the Courts own motion, the court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it. THE COURT DIRECTS of its own initiative as follows: 1) The Claimant shall, by 20 December, file at court and deliver to the Defendant answers to the questions and requests below, concluding with the following statement, dated and signed: 'I believe that the facts stated in this response are true': i) Provide a typed list of the charges in dispute, showing the date and amount of each charge, and the rate of interest applied; ii) If only part of the interest is in dispute, show what rate and amount are admitted; 2) UNLESS the Claimant complies with paragraph one of this order, the claim shall stand struck out and the Defendant may file a formal request for Judgment in default and for the assessment of any costs incurred in the proceedings; 3) A party affected by an order made of the court's own initiative may apply to have it set aside, varied or stayed within 7 days of service. I have already supplied the court with the spreadsheet of charges and interest. Do I just send the same again? Can anyone point me in the direction of any other threads that have experienced the same. Lastly, is this still normal ? I'm going to browse through the site again to see what I can find but i would appreciate any comments. I'm starting to get very nervous at this late stage, and beginning to wonder if its all worth it. Thanks

Hi Sutee Have you heard anything yet? I've received a General Form of Judgement or Order in the post this morning from the Court. I'm going to update my thread if you're interested (and scour everywhere to find out more about what this means). I'm getting a little bit jumpy now that something may go wrong this late! I'll keep watching you for an update!

Hi Sutee Thanks for confirming that - I handed it in as that anyway. I know everything is plain in front of me, but sometimes its just great to have the reassurance of someone else in the same position as you. I'll keep watching your thread. Interestingly enough, when I returned my AQ, I asked what happens if Abbey don't return theirs by the 20th. I was told the judge would write to them and give them a further 14 days grace and depending upon their reply, another possible 14 days making 28 in total! Thanks again