Great stuff Anney. I won yesterday. A good feeling isn't it?

I'm just about to start my second claim too atomboy. Did you mention in your prelim that they'd just settled your first claim or just use the same letters that you'd used before? I'm including details of my settled claim in with the prelim in the hope that it might speed the process up a bit..

hi Steve, if you have all the statements, then you build a schedule of charges in an Excel spreadsheet, with columns listing the date of the charge, what it was for and the amount. In order to calculate the 8% interest on each charge, add two more columns, one called "days since charge" and the other with called "Amount of Interest" You shoudl hide these two columns until you get to the court stage, which you lmost certainly will. Formulas for working out the days and interest amount can be found in the Spreadsheets section of the template libraray. Make sure to include a copy of teh schedule with each communication you send to the bank Cheers Rob

That's A WIN folks. Keep at it, you'll come good in the end

Well either way it's now academic. the bank has offered to settle at 8% plus court costs plus 24 hours preparation time and I've accepted. I guess I could have held out for contractual but and gone to court but given Glenn's recent travails, I felt happy with waht they offered me. Or, to put it another way - I WON Big thanks to everyone on the site who has hepled, particularly thewifeandi, missphant, the_phoenix, tanzarelli karnevil and alanfromderby. Donation will be given as soon as the money's in my account Now, to start on reclaiming the 240 quid they took off me at the start of this month...

yeah that's a tricky one. Either way, the bank hasn't fikled or served any papers for the hearing next wednesday so i don't think they could rely on the documentation anyway..

after an emaikl or two, James has offered me charges + interest @8% plus costs. I'm charging contractual interest. He says that Abbey have successfully defended contractual claims in court. I don't think that this true...Anyone know of ANY case where Abbey have turned up to defend and won?

I am. Just had an email from Inga saying she's passed my claim on to James who'll reply this afternoon. Hearing scheduled for next week. be interesting to see what he has to say..

have any of you who've contacted them over the phone/email been claiming for contractual interest?

So, the bank didn't serve their disclosure list to me, didn't file their documents with the court and now haven't responded to my email asking if they want to settle out of court given that the hearing is next week. So I just sit here and wait. Btw how many contractual interest cases have Abbey settled - anyone know?

well I guess that the ball is firmly in teh bank's court as it were so if no-one has any suggestions I'll just sit back and wait. One other thing, if they offer to settle (in full) before the hearing, is it worth trying to get the charges they levied a week ago as part of the settlement to avoid going through the whole thing again (charges that, needless tosay, wouldn't have been incurred had they paid up earlier) Has anyone tried this?

Hi caj, You can claim contractual interest (the Bank's APR) but you need to include this from the start - you can't just add it to the claim half way through. If you wanted to try and claim contractual interest you'd have to start again with an initial letter, thus putting you back 2 weeks. Contractual interest can make quite a difference to the size of the claim, but can also complicate matters further down the line so think carefully about it. There's lots of info on the "A new way of looking at interest" thread in the general forum

Hey Rodster, It's considered polite apparently buty I wouldn't worry about it if you don't - I didn't and mine has progressed past that stage with no issues

so as of 4pm yesterday, (the deadline set by the judge for standard disclosureon both sides), Abbey have niether filed their docs with the court nor provided me with SD by list as directed. Is it worth writing to the judge to point thisout? Anything else I can do to chivvy things along?

Well i made an executive decision and included it. Docs posted to Abbey bey recorded delivery today. I wonder if i'll receive their siclosure list on time...?

actually, is it even necessary to use the N265? I haven't seen it mentioned on any of the other threads here...

Hi, Any takers on the contractual interest part of my statement of evidence? (post #93) or is the consensus that it doesn't really matter? I got an N265 form from the court yesterday - the official form for Standard disclosure by list. The first part says "I did not search for documents pre-dating......" Am i right in thinking that this date must be the date of teh ealiest case example to which I'll refer if necessary i.e 1886 Elphinstone v Monkland? Also, I'm just a couple of hundred yards from Triton Sq so can I just serve the documents in person addressed to Inga and get a receipt from the receptionist?

That's very helpful Karnevil, thank you. Do you have an opnion on which of the two contratcula interest versions I should use?

*BUMP* - sorry, don't want to have to number all teh pages if I've missed something Thanks

Hi Annie, I noticed that as soon as i posted the version. THey're now out. It was late, what can I say?

Nice one Pinstriping - make sure you tell the court that they have offered settlement but don't withdraw your claim until the funds have cleared! Hopefully mine won't be too soon..

My deadline for filing of docs/statement of evidence at court and serving disclosure by list/ SoE to Abbey is Wednesday so if anyone's got anything to add, i'd appreciate it. Many thanks

Well that didn't format well but you get the idea i hope

And here's my standard disclosure list to go with it: File Ref . Date Description No. of pages 08/02/2007 Statement of Evidence 5 Correspondence A 25/08/2006 Letter: SAR to Abbey from Robert Hughes encl £10 fee 1 B 31/08/2006 Letter: Abbey Response to A from Pam Speed 2 C 08/09/2006 Letter: Abbey covering letter with transaction details from Pam Speed to Robert Hughes 1 D 21/09/2006 Letter: Request for repayment of charges to Abbey from Robert Hughes to Pam Speed 2 E 28/09/2006 Letter: Abbey response to D from Marc Winder to Robert Hughes 1 F 04/10/2006 Letter: Abbey response to D from Nicola Jameson to Robert Hughes 2 G 06/10/2006 Letter: Letter Before Action to Abbey from Robert Hughes to Marc Winder 2 H 11/10/2006 Letter: Claimant's response to (F) from Robert Hughes to Nicola Jameson 1 I 17/10/2006 Letter: Abbey Response to (H) from Nicola Jameson to Robert Hughes 1 J 13/11/2006 Court Document:Copy of County Court Claim form issued by Claimant 2 K 15/11/2006 Court Document: Notification of claim issued (incl copy of claim form and charges schedules) 5 L 15/12/2006 Letter: Letter and copy of Abbey's filed Defence 5 M 15/12/2006 Court Document: Notice that a defence has been filed 1 N 02/01/2007 Draft order for directions included with claimant's AQ 2 O 19//01/2007 Court Document: Notice of Hearing and Court order 3 Schedule of Charges/Bank Statements P Schedule of Charges 2 Q 08/09/2006 Copies of transactions stored on Microfiche provided by the Defendant 18 R 11/09/2005 Copy of Bank Statement (from 11/08/05 - 12/03/06) showing charges 4 Legal Documents S Unfair Terms in Consumer Contracts Regulations (1999) 11 T Unfair Contract Terms Act (1977) 9 U The Supply of Goods and Services Act (1982) 13 V Employment Watch newsletter Sept 2005 3 Case Studies W Case Law Reference: Dunlop Pneumatic Tyre Co Ltd v new Garage & Motor Co Ltd (1915) AC 79-2 2 X Relevant Case law to Penalty Charges supplied by the Consumer Action Group inc: 3 Lord Elphinstone v Monkland iron and Coal Co (1886) Wilson v Love (1896) Castaneda and Others v Clydebank Engineering & Shipbuilding Co Ltd (1904) Commissioner of Public Works v Hills (1906) Campbell Discount Co Ltd v Bridge (1962) Philips v The Attorney General of Hong Kong (1993) Murray v Leisureplay (2004) First Commercial Bank & others v The Owners of "Mandarin Container" et al (2004) Alfred McAlpine Capital Projects Ltd v Tilebox Limited (2005 Y Further Case Examples inc: 4 Mark Isles v Alliance & Leicester (2004) Laura Sanders v Yorkshire bank (2005) Press Release on above case by Andrew George MP Further information on cases referred to in X Z Discussion and Case Examples by Always Associates Ltd 3 AA House of Lords paper regarding Castaneda & others v Clydebank Engineering & Shipbuilding Co (1904) 6 Press Releases / Official Publications AB 23.10.04 Article by The Guardian on Bank Charges by Richard Colbey - Barrister 2 AC 30.03.06 Letter from Which? to the Financial Services Authority regarding unfair default charges 2 AD 30.03.06 Letter from Which? to the Banking Code Standards Board regarding unfair default charges 2 AE 08.04.06 Article by The Guardian on the Office of Fair Trading Ruling on Unfair Bank Charges 1 AF 09.09.06 Article by the Guardian on the Office of Fair Trading Plans to Slash Bank penalties 2 AG Article by Paul Lewis – BBC Radio 4’s Money Box 2 AH 18.02.06 Radio Transcript by Paul Lewis – BBC Radio 4’s Money Box 4 AI 05.04.06 Office of Fair Trading Report April 2006 3 Additional Evidence & Research AJ Liquidated damages and Unenforceable penalties - from bankchargeshell.co.uk 1 AK Information from parliament 2 AL 22.05.06 House of Commons Early Day Motion on Default Banking Charges 1 AM 21.01.06 Paper on ‘Are Bank Charges a Penalty at Law and Unenforceable?’ 6 AN Explanation of Bank Charges by Wikipedia – the free encyclopaedia 2 Statement of Truth I believe the facts stated within this xxxxxxxxxx to be true and comprises of xx pages. Dated this day of 2007 Signed

obviously i've taken out the italics from point 3:o