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Les1

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  1. Cheers Scott - much appreciated. Just to say that no, we didn't mention financial hardship in the original claim. I just can't see where they are coming from.
  2. Yesterday we received a letter from Abbey regarding "the 'service fees' on our account and the fact that we are currently experiencing financial difficulties". They are saying that to enable them to carefully consider our current financial situation and investigate our complaint we have to complete a financial statement confirming our financial circumstances. They say thay will review all the evidence we give them and then contact us about an outcome. I am not sure why we have received this. We took our claim for unfair bank charges to court and have paid the appropriate charges. We were waiting for a date to attend court when the 'stay' was announced. I'm not sure if this is a tactic by the bank to try and pay customers a reduced amount as they are in fear of losing the test case. My question is, should we ignore the letter & wait for the outcome of the test case, or complete their questionnaire? Since we applied to the court we have been charged more bank charges, sometimes £200 per month, so I wrote to the bank pleading with them not to do this as it was making our situation much worse. I'm not sure then, if they are referring to this letter. Our financial situation is improved now as we have started fostering, and we haven't been overdrawn for several months. Therefore, they may consider that we are no longer suffering financial hardship. It seems everything we try to do, we are just slapped in the face :-| Thanks for reading - hope it makes sense and hoping someone can advise. I would be interested to know if anyone else has received similar correspondence from Abbey.
  3. HI, thanks for that. We haven't heard from the court re our Abbey claim as this has gone to AQ stage, but we have heard from the court to say that the claim is being put on hold pending the test case re our Barlcays claim. We claimed against Barclays using MCOL and this has just been transferred to our local court, Leicester. On another thread it said that the OFT have advised banks to honour any offers they have made in the last 2 months, I am tempted to write to Barclays and ask for their original offer of £1125. The way I see it, if the banks win the test case, then we all lose everything, at least this way we will get something. We do intend to keep going with Abbey though.
  4. As with most claims I guess, mine has been suspended pending the test case. Just wondered if it is worth writing to Barclays to ask if they would reinstate their original offer?? We really need the money at the moment.
  5. Anyone know what is happening? Are courts going to suspend all cases until the test case is heard?
  6. Got a letter from Abbey today saying that all court cases are being suspended until after the test case. Is this true? Not sure what to do. we have paid out £220 in fees and could really do with the money. We had to borrow the £100 for the AQ from my daughter. Abbey are saying that we might be able to receive their original offer unless we rejected it, which we did. Also got a similar letter from Barclays saying pretty much the same, except the bit about accepting their original offer! We are nearly at AQ stage with Barclays. The way the letter is worded is that they expect the test case to prove that charges are fair and just. Do I try to get back original offer and give up or is this worth fighting for? I find this whole thing really scary and I'm not particularly legal minded. This has made me feel really fed up.
  7. I'm so scared of getting anything wrong, have just read the statement of evidence and more info on AQ's. Just to clarify then. I have completed my AQ. Handwritten into section G: Please find the following attached to this allocation questionnaire; 1) Section G - other information 2) Draft order for directions This allocation questionnaire and its attachments were sent to the defendant on **/**/**. I have attached Passage for section G/H - 'other information' on a seperate sheet) and Draft Order for Directions. Is that all I need? Ready to send and await instructions from court? Thanks for being patient, I have read so much information, I just need it in simple terms now!
  8. Have sent of a rejection letter to Abbey, haven't heard back from them. Have read and re-read the thread on AQ's but I'm confused (doesn't take much - lol!) I have printed off both of these (see below) and written as such in section G. 1) Section G - other information 2) Draft order for directions However, I'm not sure about the draft order. I understand a) schedule and b) copies of statements, but what do c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise; and d) mean? Copies of decided cases and other legal materials to be relied upon. Also the draft order says: The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: However later on it says: If the judge has aceeded to your request and ordered the directions as proposed, you will THEN have to submit the claimants documents as per a), b), c) and d) of the order. So do we send the documents within 14 days or wait to be notified?? Any advice asap would be most appreciated!
  9. Thanks so much, just the reasurrance I needed!! Okay, we have received a letter from Abbey offering us more money if we settle ourt of court, nothing like enough though, they are not even covering charges let alone interest and court costs! We haven't replied back yet, do I need to? Today we recveived an AQ - must admit I feel so deflated again and haven't really got he £100 fee. But not going to let them win. Appreciate any advice on filling in the AQ and whether or not to send a reply to Abbey. Thanks, Kim & Les
  10. We received a letter of notice that acknowledgement of service has been filed from the courts today saying that Abbey are intending to defend all of the claim. I am getting scared now, I knew it could come to this. Is there anything I can do to be prepared for a possible court hearing? In everyones experience are Abbey likely to attend court?
  11. Hope everything goes well with for you on 23 July!
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