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bp

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  1. hi, just get reading on what to do. You don't need to produce a court bundle yet but you need to read up on the info you need. Have look at the top of the abbey forum under "got a court date" and "abbey abuse orders"

     

    Theres also a draft order which you can include. If the court grants this order both you and the defendant have provide documents (in your case the court bundle and for the bank proof of costs) within 14 days I'll post the links for you letter.

  2. Thank you Knellyk for your help I am sending the letter tomorrow.

     

    I am just wondering if you dont need to send copies of your statements what does a list of your charges mean or a schedule of the charges,(as suggested you do in the prelimary letter.) as I am a bit confused.

     

     

    Hi, the link posted for spreadsheets is the one you need you take the info from your statements and input them onto this spreadsheet. Also you were adv not to put any interest. Thats not so correct. You CAN ask for inetrest they have charged you as long as you are clear that it was the charges which made you overdrawn hence the need to pay interest. One my 1st claim, i had an overdraft however, i was always overdrawn and even thought part of my overdraft was charges, because i couldn't work out which interest applied to the normal overdraft and which was due to the charges, i didn't bother asking. For my 2nd claim however, i have asked for interest because even though i still had the overdraft, i was not using it so it was the charges which made me go overdrawn. Does that make sense?

  3. Thanks for your replies I'll start drafting a letter tonight I've also got an appointment with my GP on Thurs. I have to be honest that i am lucky in that i have a brilliant GP so iknow that he'll help. My instinct tells me that this is not due to her temp. When she had these fits in hospital, they were at aloss theu kept double checking her temp and it was normal so they just pumped her with all sorts of drugs to cover all possibilities. In the end, she spent the 3 days sedated in order to stop the fits.

  4. Claim amount - £1310

     

    Hi there, I'm at the stage where Abbey have defended their claim and sent me a copy of their defence (but am waiting on something from the court.)

     

    Anyway, I've realised I have used the incorrect wording for the POC as I have referred to the Consumer act instead of the common law for Business accounts. I think I have found the correct wording from the Business Claims Basic Guide section so now I am going to use the form n244 to amend the claim.

     

    However, I have read through all of the Abbey correspondence to me including the defence, and nowhere does it say anything about the consumer regulations not applying to my account - in fact they don't refer to my account being a business account at all (it definitiely was though) are they just keeping that one up their sleeve to defend later on?

     

    So I am going to change the wording of the POC regardless but am just wanting to find some words for the Part C.

     

    I have read through threads and done the following:

     

     

    1. Tick c), without a hearing

    Leave the rest blank

     

    Part A:

    I ***** (the claimant)

     

    (that....) allows an amendment to the above claim in respect of the claim particulars

     

    (because....) the claimant did not adequately particularise his claim in that he did not specify the common law and statutory provisions relating to business bank charges upon which the claim relies.

     

    Part B:

     

    tick 'evidance in part C' box

     

    Part C:

     

    I respectfully request that the court allows an amendment to my particulars of claim.

     

    In my origingal claim, I referred to the charges being unenforceable under Unfair Terms in Consumer Contracts Regulations 1999, which relate to charges for personal bank accounts. As my bank account with the defendant is a business bank account, I respectfully request that the particulars of the claim are changed to reflect the following.

     

    1. The Claimant had an account ("the Account") with the Defendant which was opened on or around xx and closed on or around xx.

     

    2. During the period in which the Account was operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

     

    3. A list of the charges applied is attached to these particulars of claim.

     

    4. The Claimant contends that:

     

    a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the common law. The precedent for the law relating to contractual penalties was set in the case of Dunlop Pneumatic Tyre Co Ltd v New Garage Motor Co Ltd (1915) AC 79. Additionally, in the case of Murray v Leisureplay (2005) EWCA Civ 963 it was held that a contractual party may only recover damages in respect of its actual loss or liquidated losses.

     

     

    5. Accordingly the Claimant claims:

     

    a) the return of the amounts debited in respect of charges in the sum of £xx and any interest charged thereon;

     

    b) Court costs;

     

    c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

     

    6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).

     

    I believe that the contents of these particulars of claim are true

    Please find attached to this application my proposed new particulars of claim, as well as a schedule of the amount claimed in respect of penalty charges levied by the defendant.

     

     

    I've had a look and it all seems fine to me. And yes you would send the N244 to the local court

  5. About 5 weeks ago, my little girl was taken into hospital we were in there for 3 days and with all the health scares i've had since my two kids were borne, this was the scariest time ever! my little one is only 17months.

     

    Anyway, She had been unwell for a few days with a tummy bug and was finally starting to play a bit and eat so i thought after 3 days of being unwell, things were on the up. However i was wrong. i had to call the ambulance because she had a fit. We got to the hospital around 11:30 and the 1st fit lasted for about 2mins. After waiting for nearly 2 hours in A&E, i was told by the Dr that they weren't worried as my daughter was now up and about and seemed much better but they'd do some tests anyway. They told me that she could have had a fit because of her temp. I told the Drs that that, was incorrect because the previous day, her temp was 38 but when she had the fit, it had gone down to 36. i also remembered that when she was about 2 weeks old, she had a fit and the Drs told me then that i had overfed her!

     

    we were finally given a bed at midnight but by that point she'd had another 2 fits which were lasting longer each time. They did all the tests they could think of; brain fluid, scans injections to cover just about anything cause they just couldn't work out why she was ill. We were there for 3 days and on the day of leaving, one of the Drs suggested that i was wrong that these weren't fits at all again and again he kept asking me to describe how she was when she was fitting. in the end i got so angry i told him to go speak to the other 2 Drs and 3 Nurses who were witnesses to her fits! When i was leaving, i asked the Dr who discharged us if there was any medication/advice she could give and she told me (wait for this!) that if it happens again, i am to film my daughter while she is fitting on my mobile so that they can have a look! I was so angry i walked off. 5 weeks later, no word from the hospital, no follow up appointments nothing. Are they right to this? is the NHS so stretched that they would allow a child who obviously has a medical problem to just go home without further investigation? just because her condition didn't fit whatever was on their usual list?

     

    Do i have grounds for a complaint?

     

    Any advice would be appreciated.

  6. Got a reply to my email. NO i CAN'T have a copy of the new T&Cs till when my details get transferred on the 2nd.

     

    "Paypal accs will not be transferred to Luxembourg, it will only be the governing bank. This will not affect the features of paypal accs"

     

    So there you go, you are going to have new t&cs but we can't give them to you till its too late!

  7. hi d1, initially, i had the same prob where abbey queried the amount i was claiming. Partly because half of the claim was estimated, however, once i reminded Abbey that they had not sent me the statements and that they had been aware of it, it worked out OK.

     

    have you double checked all the figures? if all is fine then i wouldn't worry about it. Just turn up on the day. When it gets closer to the date, to calm some nerves, you can always ask the court if you can visit just to familiarise yourself.

  8. Hi, i included this paragraph in my prelim letter under "WHAT I REQUIRE"

    I presume you have some statements? you add what you currently have then divide it by the number of months this applies to then just include that average figure over the remaining number of months for which you don't have the statements (i did this from the following month after my acc was opened) the main point is to find the average figure then spread it over the period you don't have info. I hope this makes sense.

    I calculate that you have taken £xxxxxx.

    I enclose a schedule of the charges which I am claiming with this letter

    You will note that some of the charges are estimated. This has been calculate at a monthly average of £xxx taken from the figure £xxx which represents the total calculated from current available bank statements.

    If you do not agree with these calculations, then you are free to provide me with the remaining statements so that I may arrive at the correct amount owed.

     

     

  9. you can give it a try but i would say that as long as you owe them money they will not close it. And yes, they may ask for the overdraft to be paid straight away but can your husband make an offer to pay it back? Problem with Abbey is that they don't normally allow this until either the acc is closed of its past to their debt management section. I my case, i wanted it passed to debt management as abbey at first refused to take my offer of paying it monthly. But they realised the error of their ways when i stopped paying money in the acc. They then agreed a monthly payment option. Take note, even after an agreement has been made and you keep up to it, they will probably refund your charges into the acc and you'll only be able to take out the difference -the overdraft. That's what happened to me.

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