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withoutapaddle

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  1. I successfully managed, 2yrs ago, to reclaim my bank charges from the Abbey National.

    My husband had an account with Nationwide and has charges on it. My question is, is it best to wait for this appeal to reach a conculsion or go ahead and make a claim anyway? We did start with a claim about a year ago but didn't submit the N1 - can we continue where we left off or should we start afresh?

     

    Any advice would be most helpful.

  2. Thanks Lula!

    After the test case we intend to get back charges on my husbands bank acc and tackle Welcome Finance too!

    So to quote Arnie's famous words 'I'll be back'!!

     

    Hey charleyfarley,

    Thanks for the reply!

     

    Nice to hear from you! Hope you're well!

    It certainly did go on for ages!! I did manage to get their defense struck-out and avoid court dates and bundles but boy did I make up for it in time-wise! Still it's over now (wipes brow) thank God!

     

     

    Have a good one everyone!!! Merry Christmas

  3. I won I won I won!!!:D

     

    I kicked the shABBEY'S butt!

     

    I sent in the judgement and I trully thought they would apply to have it setaside 'till after the test case.

     

    About a couple of weeks later I was trying to get some sleep in the afternoon (night worker) when my husband burst through the bedroom door and said he had to sign for this letter, he thought it was something bad, he opened it and he nearly passed out!!

     

    £3,348 paid in full!!!

     

    He then said, 'sorry to wake you, thought I'd tell you - you can go back to sleep now'

     

    NOT!!!!:lol: :lol:

     

    Needless to say it's going to be a good new year for us! Everything paid up and starting the new year afresh!! Which is bloody handy because I'm starting a new job and the money is awful at first.

    The hardest part is NOT going crazy at christmas with the kids! :lol:

     

    Anyhoo I'd like to thank everyone at CAG for the wealth of information and advice I'd recieved during this epic journey. The hours of reading and research have finally paid off and without you guys it wouldn't have been possible. This site has be an invaluable tool against the little guy 'V' big guys and slowly but surely the wheels are turning.

    Throughout this saga I have learnt not only a little more about law but ir you're not sure about something being right or wrong then go find the answer for yourself - the information you need will be out somewhere. Just like with this case read, read and read some more - eventually it makes sense.

    At times I really felt out of my depth, almost on my hands and knees:eek: . I'm so glad I stayed the course not only for the return my money but for what I've learnt along the way and of course winning.

     

    Special thanks to Lula:D .

  4. Right....heard from my local CC today.

     

    Abbeys defense has been thrown out. I have already applied for judgement but as clerk told me that Abbey can apply to have it set aside:mad: .

     

    So I guess it's a matter of waiting 'till I hear from the court again?? Can anyone confirm this for me. Not sure what to do now. I'm glad their defense was thrown out but I'm still in the dark as to what to do next??

  5. Thanks for the reply Lula,

     

    Will keep you updated!

     

    I have copies of everything. The orders that were sent to Abbey and myself stated that if Abbey didn't provide evidence of why they're charging me so much (in a nutshell) then their defense would be struck-out. I spoke to the court and they said they haven't received anything yet but they are behind but fingers crossed Abbey have forgotton about me.

     

    Thanks again!

  6. I've got a really bad feeling about this.......

     

    I'm with a County Court that's carrying on but I think it's just a matter of time before all cases, nationwide are 'stayed' by Judges following suit with one another....

     

    I still think we'll win in the end but that end seems to be further away at the moment.

  7. Yes - I've had this letter through this morning and I called-up my local CC again today and was told that they are carrying on as normal.

     

    I guess the banks can ask but it's up to the Judge wether they get a stay or not.

     

    The court clerk did stay, they have to comply with the order that has been sent out to them. Which basically breaks down to Abbey having to show the cost of charges.

  8. OK so finally I've had something in response to my AQ from my local CC. I filed the AQ quite sometime ago using the 'abuse orders'. And just today I've received the following.......

     

     

     

    Before Deputy District Judge Willis sitting at Wellingborough County Court.

     

    Upon reading the documents filed and upon it appearing that there are many similar cases proceeding in this Court which do not come to trial, and upon recognising that the Court's resources are finite and of the Court's own motion it is ordered that:

     

    1 The claim is not allocated to a track but will be allocated when directions are given pursuant to paragraph 8.

     

    2. The claim shall be stayed between 5 September and 3 October to give the paries an opportunity to reach a settlement.

     

    3. If no settlement is reached by 3 October 2007, the defendant shall by 17 October 2007 file and serve a schedule in response to the Claimants schedule, stating in respect of eac item claimed:

    a) pursant to which, if any, contractual provision such charge was made,

    b) if such charge is alleged to be lawful, the basis on which it is alleged

    c) if it is alleged that the charge is a genuine pre-estimate of the Defendants loss incurred as a result of the Claimants actions (whether or not such action are in breach of contract), all facts and matters on which the Defendant relies as showing that the charges are a genuine pre-estimate of loss, including the Defendants positive case as to the actual cost of dealing with such actions; and

    d) draft directions for the further conduct of the case, to be agreed with the claimant if possible.

     

     

    4. If the Defendant fails to comply with paragraph 3 of this order, the defence be struck out and the claimant shall be entitled to enter judgement without further notice.

     

    5. If the Defendant complies with paragraph 3 above, the matter will be referred to a District Judge for directions.

     

    6. This order has been made by the court of its own initiative without hearing the parties of giving them an opportunity to make representations. Any party affected by the order may apply to have it set aside, varied or stayed. Such an application must be made not more than 7 days after the date the order was served on the party making the application.

     

     

     

     

     

    OK what I need advice on is...

     

    Does this mean that Abbey have untill the 17 October to file their reasons for charging me so much!!

     

    And I don't understand para 1. It's not going on track because of para 8! Where para 8????

     

    Am I right in thinking that if Abbey don't respond to this then their fence gets struck out?

     

    Please help!!

  9. I called-up Wellingborough CC a few days ago.

     

    They are proceeding as normal. But they have one hellava backlog so I won't be hearing from them for sometime.

     

     

    Just goes to show how observent I am. I knew there was a court of some kind next to the cop shop but didn't realise it was a CC, I thought it was some local carrat crunchers court for the farmers to sort out there disputes in!!!!!!!!:D :D :D Oh well, Could have saved me petrol and parking costs, traveling All the way to Northampton!

     

     

     

     

     

    Nope that's not the CC, the CC is by the Job Centre on West Villa Road. Not the easiest of buildings to spot but it's there

  10. Hi Glad,

     

    Filed my AQ last Thursday, have still yet to sent Abbey their copy (must do that!! Reading your post has reminded me-thanks!)

     

    Don't about you but I feel this whole Abbey thing is now really dragging its heels-guess that's why they string it out, hoping we'll get bored and bog-off.

     

    Anyhoo, good luck!

  11. Woohoo the Ritz, very pooosh:D !! Well have a tea on me!!

     

    As for emailing Inga, I did, asking for a settlment before filing AQ.

     

    Promptly got told to go serve my papers elswhere!!:rolleyes:

     

    Didn't even read my email thoroughly!

     

     

    Hoohum, be filing my AQ on Thursday!

  12. Toni,

     

    Just wanted to add on your thread too!

     

    Many many congratulations!!!!!!:D :D :D :D

     

    Betcha glad you didn't have to make up that court bundle!!!:razz:

     

    Soooo come on tell us what you gonna splash out on first?????

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