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naffaz

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Everything posted by naffaz

  1. Have a look at the section Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary . I put dividers in mine so that it was easy to reference. I also used the disclosure by list as a sort of contents page. And I did number the pages (You'll be surpsrised how many pages you actually have by time you've completed it). There's quite a lot of help in what to put in the bundle on various posts throughout the Abbey section.
  2. I have a court date early July. Having read quite a few other posts I've noticed that other people have e-mailed Abbey (I think direct to a person calle Inga) to start negotiotions. Does anyone have any advised as to whether I should do this or should I just sit tight and wait for them to get in touch with me? I haven't spoken to anyone directly there - just via the post. The last thing I sent to them was a copy of the court bundle.
  3. Hi Not sure if this is what has happened to my husband. Online his available balance is way different to what it ought to be, so I googled the problem and apparently Abbey have been having some sort of technical problem. My husband also spoke to Abbey who seemed to know about the problem, although sometimes you do get the impression that they are just trying to get you off the phone. He's calling back this morning to see what the problem is - maybe his o.d. facility has been removed, maybe it really is a technical fault.
  4. Just got link to this thread through google. My husband is having the same problem today. His available balance is way out of how much he should have (over £2,000 in Abbey's favour). It means he can't access any of his money. He has just phoned Abbey who said it should be ok tomorrow, but from looking at other posts on other sites it seems to be ongoing. Is anyone else haveing similar experiences?
  5. Following the Prelim & LBA letters, I am now at the stage of submitting on MCOL. Only thing is that it's for an account in my and my husbands names. How do I go about this? Can I submit the claim solely in one of our names?
  6. Hi thanks for reply. I've included everything from the bundle & extras as detailed above, but am still insure if I will have covered everything asked for by the judge. Is it worth me including a witness statement as well? Also, I've been looking at the link to archived Abbey T&Cs, should I be including these as each one is about 20 pages long?
  7. Hi I'm just putting together my Court Bundle (due in next week). My General Form of Judgement or Order states that I must include a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason 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; 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 mateials to be relied upon. I'm putting the following in: 1. Disclosure by list 2. Case Summary 3, Correspondence 4. Bank Statements 5. Unfair Terms in Consumer Contracts Regulations, Supply of Goods & Services Act 1982 etc... 6. Current Schedule of Claim for Charges Firstly, the Disclosure by List that I have used from the Examples of Witness Statements/Disclosure by List/Case Summary (by Karnevil) says to enter 'from Name to Name' do I put from Defendant to Claimant, My Name to Abbey or My Name to the person I wrote to at Abbey? Secondly, am I missing anything vital if the aboe covers © & (d). Any help is much appreciated
  8. Hi, although I have spent many hours reading the advise & experiences given on this site, this is my first ever post. Firstly, I'll tell you where I'm up to.... 3rd Jan sent Data Protection Act to Abbey 26th Jan received statements for past 12 months 31st Jan received balance of statements going back 6 years 3rd Feb Prelim sent 9th Feb letter received stating Abbey looking into complaint will hear in 4 weeks 19th Feb LBA sent 8th March another '4 week' letter received 9th March Claim filed at court 10th March offer of £100.00 received from Abbey 10th March letter sent to Abbey informing them that court action has started and they can have the £100.00 back if they wish 19th March yet another '4 week' letter received. 23rd March Notice of intention to defend received 31st March details of defence recieved 27th April AQ submitted 16th May General form of Judgement received Now I have to submit a court bundle to the court by the 25th of May. I've a few questions that I hope someone could answer 1. This claim is actually my husbands, but I've been doing all the work. Although he's more than capable of acting on his own behalf, I've really enjoyed it!! Can I attend court on the day with him, and if so in what capacity? Am I only allowed to just watch or can I sit with him? 2. My husband called the court yesterday to find out what date Abbey had submitted their AQ (hoping that it would have been late) and was told they submitted it on the 2rd of May which was the same day as us & the clerk couldn't see that date it had to be submitted by. Although I know I took ours in on the 27th of April (that being the last day we could submit it) & have a receipt from the court. Should I get my husband to phone back & confirm that actual date of receipt of Abbeys AQ & the date they had to have it in by? 3. I've seen a few posts about asking the judge to consider the tens of other cases that have been taken to the court stage & have either been settled just before the date or the bank hasn't turned up. Is it worth us asking our judge to consider this even at this late stage & would we write seprately or submit this with the bundle? I know it's a long post but I'm now at the stage where things seem to be getting a bit more technical. Thanks in anticipation of a response
  9. Livelylad, I am not boasting, I'm just informing people who may not wish to pursue a full claim that it is possible to get some money back. What is this forum for if not to inform of all aspects of any claim? I don't particularly like the tone of your thread.
  10. Hello, I started a claim against egg for 6 years of overlimit charges on my credit card. Unfortunately I didn't exactly follow the correct procedure, I am a bit hasty when it comes to things like this and instead of getting the correct figures from Egg on how much I had paid in charges, I simply multilplied by 6 my charges for the last year. (Don't all berate me at once, I'm just a bit impetuous like that!) Anyway, to cut a short story even shorter, I rushed into filing a claim with the Northampton County Court. At this point I was still claiming for £1440 +interest so it cost me £120 in court fees. I decided to offer Egg the opportunity to settle at 75% of the fees and to my surprise they did; only they calculated my exact charges to be £420, so they will be crediting my account with £315 plus £50 court fees, which is what it would have been had I been more diligent from the start.(As it turned out, my wife reminded me that I hadn't even had the Egg card six years!!!) I have decided to drop the case against Egg, increasing workloads and the pressures of family life mean I don't want the added hassle, even though from this offer, it is clear they know they don't really have a leg to stand on. For everyone who is continuing to pursue Egg, good luck and if you can afford more time and effort than me, then I'm sure you'll win. Finally I would like to thank everyone who has posted on here in particular Mcuth.
  11. Thanks Phatram, Having read all that and others, I feel I've just thrown away £120 by filing the claim. I still see no evidence anywhere of a succesful claim against (Sm)Egg. Could tomorrows court case provide a landmark?, I think we're all hoping for an EEK!! victory paving the way for us all.
  12. This is a reply I received from Egg regarding overlimit charges, can anyone suggest how to proceed? Dear ColinThanks for your message. We have noted the announcement made by the Office of Fair Trading on 05 April 2006 regarding credit card default charges.We are pleased that the OFT has recognised that Egg has practices in place to make it as easy as possible for customers to pay their monthly credit card bill, which includes the requirement to set up a Direct Debit prior to receiving an Egg Card. We have worked closely with the OFT throughout this inquiry and now intend to study closely the key principles set out in their statement.For further information regarding our charges please go to section 7 of the Egg Card Credit Agreement - new.egg.com/visitor/0,,3_11087--View_1068,00.htmlAs the fee's have been applied correctly I'll be unable refund these to your account. RegardsBen TaylorInternet Customer Services -----Original Message----- Date: 13 Nov 2006 Time: 12:43 Subject: Claim 13th November 2006LETTER BEFORE ACTIONDear Sir/Madam, CARD NUMBER: xxxxxxxxxxxx I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.I calculate that you have taken ?1032 plus ?179.49 which you have charged me in interest for the sums which you have taken. Total ?1211.49Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosities caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.Yours faithfully, xxxxx xxxxxxx
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