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Karish

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Posts posted by Karish

  1. YeeeeeHaaaaaaa.:D :D :D

     

    Abbey have settled. I cant believe it:eek: :eek: :eek:. I had a call this evening at around 4.15pm. A lovely young man with a soft irish accent explained that he was calling from Abbey. He had recieved my court bundle as directed by the the District Judge. (I only sent it yesterday) and he wanted to know if I wished to settle. He gave me the blurb about saying that the charges were fair etc and also mentioned something about someone at Lloyds losing a case today( I think it was more blurb) I think he was reading from a script. Anyway I explained that I wanted the full amount and told him that I had incurred a number of costs. He said that he would offer me £3000 I said to send me an e mail and I would consider it he said that he wanted to settle the matter today and offered me £3200. I agreed to settle as that is only £150 less than I was expecting. He said that he would process everything in the next three to four working days. I will wait till I see it before I cancel my court case. The Standard Order for directions certainly did the trick. My case is not due to be heard until 17th July. Thank you to everyone who has helped me. I will be making a donation as soon as I receive the money.

     

    Karish

  2. Well I have completed the collation of my documents for my court bundle. I will take them to the court tomorrow. Abbey now have fourteen days to provide a response to my schedule stating in response of each item claimed.

     

     

    a. Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon.

    b. Whether such charge is accepted as a penalty. If not why not.

    c. If such charge is alleged to be a pre-estimate of the defendents loss incurred by the claimants actions(whether such action is treated as breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

    d. If such loss is not alleged to be a pre-estimate of the defendents loss incurred by the claimants actions then fact and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

    e. Any witess statements

    f. copies of decided cases and other legal materials to be relied upon.

     

    Some how I think that they will not want to comply:rolleyes:

     

    Also I e mailed Inga to see if she wanted to settle. I await her response.

     

    Bye for now folks

     

    Karish

  3. Gary Its me again. Please can you tell me how I work out the additional interest to be charged from the date I receieved the last charge. Ie. Is there a set amount per pound per day that i should charge or is it a bit more complicated than that.

     

    karish

  4. Hi Gary,

     

    Its going to be heard at Dudley County Court. The notice definately asks for both. I have typed it out below.

     

    a. A schedule seting out each charge repayment of which is sought, showing the date, amount,time and reason given(if any) for that charge.

    b.Copies of any statement or other document relied upo showing that each and every charge has been made.

    c. A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise.

    d. Copies of decided cases and other legal materials to be relied upon

    e. A Witness statement.

     

    Can you help me with a couple of other things. Where is the SOGA 1982 document Is it part of the court bundle or do I have to print it off from a link.

     

    When I click on the unfair fees report for the australian banks a page a bout domain names appears. Sorry I am nt very pc literate do I have to type anything else in to get the report or can I find the document anywhere else.

     

    Also I am thinking about sending a without prejudice e mail to see if Abbey will settle. Can you give me any idea about the figures I should be quoting for additional interest since filing my claim and I know that I can include a charge for my preparation time can I include the costs of postage( I have kept all of my receipts)

  5. Hi.

     

    I have recieved my date for my hearing and the district judge has issued the draft order for directions as recommended. My date for the hearing is 17th July. Can anyone help me with the following?

     

    1. Can I use the draft witness statement and draft statement of evidence as shown in Gary H post?

     

    2. The witness statement and statement of eveidence are very similar is this meant to be the case?

     

    3. Is it ok to just type the link to the BBC Commission Report and the australian default charges report in my pack or do I have to print off the whole document.

     

    Thanks in advance for your help folks. I know that this is a critical stage and if all goes well I will have my case settled in the next 28 days.

     

    Karish

  6. Hi Everyone. I have received a court date for 17th July. I am also pleased that the district judge has taken on board my request for a draft order for directions. Following is what my order states.

     

    The claim has been allocated to the small claims track and should take no longre than 30 minutes.

     

    The claimant shall within 14 days of the service of the order to the defendent nd the court.

    a. a schedule of charges setting out each charge repayment of which is sought, showing the date, amount and reasn given (if any) for that charge being made.

     

    b. Copies of any statement or other document relied upon as showing that each and every charge has been made.

     

    I am being cautious but I am sure that this means that my case should be settled within the next 28 days. I m going to prepare the information to post after the bank holiday. I really could do with a little re-assurance on a couple of things.

     

    1. Is it ok to use the template statement of evidence in Gary H post and just adjust it to suit my claim with Abbey?

     

    2. Is it ok to use the template witness statement in Gary H post and adjust it to suit my claim?

     

    3. Is this information more or less the same as the court bundle?

     

    4. With regards to the bbc commission conclusion and australian default charges report is it sufficient to put he links in my pack or do I have to print out the whole document.

     

    I await a response from someone who can help. Thanks

     

    Karish

    c. A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalities or therwise

     

    d. Copies of decided cases and other legal materials relied upon.

     

    e. A witness statement.

     

     

    The defendent shall within 14 days therefater file and serve a response to the claimants schedule stating in respect of each item claimed.

     

    a. Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon.

     

    b Whether such charge is accepted to be a penalty, and if not why not.

     

    c. If such charge is alleged to be a pre-estimate of the defendents loss incurred by the claimants actions (whether or not such action is treated as a breach of contract between parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the trus cost of dealing with the matter was;

     

    d. If such charge is not alleged to be pre-estimate of the defendents loss incurred by the claimants actions then fact and matters intended to be relied upon showing the basis upon which the chargs was calculated and all evidence to be adduced at trial as to show taht the charge was fair and reasonable.

     

    e. Any witness statements.

     

    f. Copies of decided cases and legal materials to be relied upon

  7. Hi. I attached the draft order for directions to my allocation questionnaire. There is a section entitled New Strategy for allocation questionnaires on this site that is very useful. Good Luck

     

    Karish

  8. :( Hi everyone. I still have not heard anything about a court date yet. Also I am feeling a little fed up. When it goes quiet doubts start to set in. I am really at a point of no return but as it stands now Abbey have written to me to say that they will be reducing my overdraft by £900 on 1st June. This means that they will be putting me back in a position whereby I will be incurring charges. I have been really pleased lately as since I have opened my parachute account I have not had one single charge. Does anyone have any suggestions?

     

    karish:(

  9. Just keep on going. I had a letter from them today reducing my overdraft by £900. I dont have the £900 to pay so they are putting me in a postion whereby I will start incurring charges again. I have not had any charges since I took control of my money and moved to a parachute account so I am quite upset about this. I am just going to write back to them with similar information that you have given. I will just add the charges to my final total when they settle. We will all get our money back if we persevere. Its our money after all.

  10. Hi Ella, from what I have been reading Abbey tend to settle just before going to court or on the day of the hearing. You can try contacting them but most of the threads are showing late settlement. Good luck.

     

    ps. Think of the extra interest that you will be getting as well.

     

    Karish

  11. No you dont have to send anything back with the aq. But there was some information in the new strategy for allocation questionnaires that is very useful to help when filling in this form. I agree with Nick that you should read through other peoples threads to help you with the process. A lot of your questions will be answered and you will learn more about what happens next. You need to have a look at the court bundle documents and prepare yourself to go to court. From reading different threads you will see that there is no way of telling how abbey will deal with your case so you need to be prepared.

  12. I filed my allocation questionnaire yesterday. It feels good to know that I am nearer to getting my money back. I sent a copy to James Arrandale as well with a little note giving him the opportunity to settle in full. I will let you all know how I get on.

     

    Byeeeee

  13. I think that you can also complain to the ombudsman about this action as it appears to be a punitive response to you taking action against them. I think that you should seek further advice on this. I am surprised that they withdrew your overdraft so quickly. Good luck with your claim.

     

    karish

  14. I think that you need to check the wording of the letter that they sent you when you were paid the £800. Were there any conditions attached to it? If not then I would suggest that you start a claim again using the templates on this site and follow the step by step procedure?

  15. Hi, Abbey will send you a copy of their defence. I recieved mine two weeks ago. You will then be sent an allocation questionnare from the courts. You need to fill this in and return it to the courts. There is a section on this site that deals with the filling in of allocation questionnaires. You should not worry about going to court as there is plenty of information to help you through the process. You may want to have a look at the sample court bundle to help allay your fears. Even though I know that Abbey probably will not turn up on the day I am preparing myself so that I can argue my case if I need to. I am quite prepared to go to court if I need to. Try and read other threads to get yourself used to the process. Good luck with your claim

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