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Ostrich

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  1. Just have to wait til midnight tonight to see if the funds have cleared, then cancel the court case which is scheduled for 10.30am tomorrow. Boy, they sure leave it til the last minute to settle!
  2. Now just sit back and wait! Do make sure you read through all the paperwork that you included in your court bundle, just so you're prepared. I had a court date for Monday next, 5th Feb, and they settled in full (by post) two days ago. I didn't phone them to negotiate, nor did they call me. Mind you, I don't think they had a contact number for me anyway. They just wrote settling in full. You're nearly there!
  3. Perseus, good thinking. Thanks for that. I think I'll just make sure I phone the court and also do the emailing, requesting a read receipt. I've also decided to send them a letter today explaining the situation, so hopefully it'll get to someone who knows what they're doing! Keren, best of luck. I'm sure you'll be celebrating. I'll be back to check! Rachel, I didn't claim for prep time for the court bundles, I thought that might be taking the p1ss a bit, but if you think you'll get away with it, go for it! I didn't even get a call from Abbey about the settlement, the letter just arrived yesterday. I had no communication whatsoever with them by telephone, just the standard letters from the templates library on here. I don't even know anyone's name at Abbey, the settlement letter was simply from 'Abbey', not a named person. Villafan, go for it. It's a bit time consuming getting all the paperwork together for the court bundle, but once you sit down to it, it's not so bad. And it's worth it when you get all your lovely lolly back at the end!
  4. OK, I spoke to the Court and they've said it's too late to get an adjournment! The funds are in my account but they're not due to clear until Monday 5th (the day of the Court case!!). I've told the Court I'll know by midnight on Sunday night (or just after) if they've cleared or not, and they've said I need to fax the court by 9am on Monday morning to withdraw the claim. What a palaver! I don't have a fax machine at home and I have no idea how I can fax them at that time of the morning. The Court lady was most unhelpful. Talk about p'ing on my fire.
  5. For anyone worrying about going to court, don't worry! I was a bag of nerves waiting for my court date this coming Monday. Arrived home to a full settlement last night! They haven't got a leg to stand on, so keep going! Just make sure you follow the step by step instructions on this site and get all your bundle sent off to the Court and a copy to Abbey and hey presto, just sit back and wait.
  6. Oh dear. I have a hurty head from all that celebrating last night. What a result though. I'll be back on this site regularly now to encourage people to have faith and keep going. I was the most scared ever about going to court but it didn't get that far in the end. Karn, thanks for all your help and advice. Couldn't have done it without you. Does anyone know what I should do now? I'm just about to ring the court and tell them about the settlement. Just checked my account and the money is already in there!! I thought it would take ages to get the money, but it's in the account already. Result.
  7. Don't even hesitate mate. I was sooooooo nervous about the impending court case (5th Feb - next Monday). Arrived home today (hubby's birthday) to a full settlement letter from the Shabsters. Nice little birthday present, eh?! Definitely do it. You have nothing whatsoever to lose.
  8. OK, I've managed to find my ongoing thread. Can a mod please delete this one and update the title of my existing thread to WON! Thanks.
  9. The winner takes it all, the loser has to fall...... I WON!!!!! They wrote today (court date on Monday next) to offer full settlement. It's on a without prejudice basis and is entirely without any admission of legal liability by Abbey. Blah blah. They've written to the court to inform them that the case is being settled in full and asking them to withdraw the hearing from the Court list. Blah de blah. What do I need to do now? Apart from donating to this site, of course. That goes without saying. Couldn't have done it without you. Should I call the court and tell them? Anything else? Woohoo. Hang on in there guys, it's soooooo worth it!
  10. Maybe I'm a wee bit intoxicated on my savings of the past six years. Maybe that's why I can't find my ongoing thread. I WON!!!!!!!!!!!!!!!!!!!!!! Full settlement today from the Shabbey. Court date for Monday and I got a letter today saying "in view of the legal costs.....your claim will be settled in full." Mwahahahaha. Can a moderator PLEASE help me find my thread and update the title to say I beat them. I'll be back in a more hungover/sober mood tomorrow to donate to the site and gloat a bit more.
  11. Hi Rachel Yes, I completed a witness statement. Here's what I said: 1) I make this Witness Statement in support of my claim against the Defendant for the refund of bank charges 2) b. The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999, Paragraph 8, Schedule 2(1)(e); The Unfair (Contracts) Terms Act 1977 Section 4; and the Common Law. (That's all I put, I didn't add anything) 3) i. The return of the amounts debited in respect of charges in the sum of £XXXX; ii. Court costs (Court fee of £120.00, Allocation Questionnaire fee of £100.00). iii. Interest of £XXXX (as at 14.01.07) under Section 69 of the County Courts Act as set out on the attached list of charges. iv. Less gesture of goodwill payment paid on 20/09/06 in the sum of £XXX Hope that helps. Give me a shout if you need any other help.
  12. Thanks for the advice guys. I'm just going to ring my branch and tell them I need a copy statement and find out how long it will take for them to send it. I still have a couple of weeks so hopefully that'll work.
  13. Thanks guys. It's not an exaggeration to say I'm absolutely petrified, but hey, I've come this far. Still a bit worried about the missing statement. Can anyone advise what I should do? How can I get a copy of it quickly, without alerting Abbey to why I need it (not I suppose that it matters). Do I have to write to them and pay for it? Or just request one over the phone? I will keep you all updated and if successful will be coming back anyway to donate to this site. I couldn't have done this without the help and advice on here.
  14. Thanks for your reply Elizabeth. I decided not to hold up the bundles because I needed to get them off in the post, so I just sent them off without that missing statement. Does anyone know if I should phone the Court and tell them I'm missing a statement? I didn't think to leave a gap in the bundle where the statement is missing from. Should I request a copy of the statement from Abbey now? Will they know what I'm up to and purposely delay it? It would have to get to me within the next 9 days. Any advice appreciated.
  15. Hiya I've just done this and sent the bundles off to the Court and Abbey a couple of days ago. I used Bookworm's basic bundle and then added in my witness statement, copies of bank statements, copies of all correspondence to date between me and Abbey and a revised schedule of charges with the 8% interest. If you need any help, give me a shout. I know what it's like getting it all together and I was grateful for the help I received from other members/Mods at the time.
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