Thanks again for the advice Lula and CF!! I have now completed my AQ. I used the new "Abuse of Process" system and following that template have decided to request small claims as it fits in with the template better and I feel happier with it. I am sure I can claim costs anyway if it gets to bundle stage and I too have been keeping a detailed spreadsheet going since the beginning (even though I am a mere woman CF;) !!) I am going to copy everything at work tomorrow (getting a bit low on ink at the mo) and will post a copy to the Abbey together with the originals to the Court tomorrow afternoon. I think I will leave things for a week then, and contact Abbey with a view to reaching a settlement sooner rather than later! Feel free to jump in if you don't think this is wise/necessary/going to help etc!

Have you submitted a complaint to the Information Commissioners? In the meantime, you could estimate your missing charges. A popular way of doing this is to look at the charges you have received in the statements you do have and work out an average per year, then use this figure for the statements you are missing. You could also write to Abbey informing them that you will be submitting an estimated claim to the Courts in 7 or 14 days if you have not received your missing statements by this date. Good luck!!

Just wanted to point out in case you didn't realise, that you can't add the interest onto your claim until you file your claim at court. Until then just request your charges and make no mention of interest. If you make a simple mistake like this early on the Bank will think you don't know what you re doing and you may be in trouble. Good luck with your claim and keep posting (especially before you actually do anything and then someone can let you know if you're doing the right thing!)

Thanks Lula, so if I go for fast track do I leave out the directions relating to standard disclosure if it is automatic anyway?

Thanks for the advice Lula and Michael! I am completing the AQ using the pdf version online. I am using the template recommended by charleyfarley and others but I also want to put in the draft order for abuse of process and was wondering if it is okay to combine these. I have been sent a N150 (i suppose because my claim with interest is over £7k) but have requested allocation to small claims. Please could someone give me some advice on this!! thank you:)

Has anyone got any ideas on my last post?? Any help at all would be appreciated!

Had a letter from the Court this morning but it wasn't the one I was hoping for! It enclosed a copy of Abbey's defence together with an Allocation Questionnaire to be returned by 4th June and also details of a mediation scheme which I have to choose if I want to try. If I don't agree to it it says that I may have to attend court to explain why I don't want to try mediation! I am so cross because when I phoned the Court I was told they were 6 days behind but they received Abbey's defence on 15th May and managed to send a copy to me on 17th - hardly 6 days is it. There is no mention of my Request for Judgement either. Don't know whether it's worth me phoning Court on Monday to ask what is going on and why my Request wasn't dealt with as it was received before Abbey's defence. Really fed up now:( Has anyone got any ideas what I can do now??

Well, I just spoke to another lady at the Court and told her that I had received a copy of Abbey's defence dated 14th May, I asked her if it was likely in light of this, that my Request for Judgement would stand as they received it on 10th May. She wasn't too sure what would happen as she said some work was being sent out to other courts to process as they were rather snowed under but as she understood it, provided my Request was received before Abbey's defence, it should stand. She then went on to say that Abbey might request a stay in order to submit their defence anyway but that it didn't always happen - so not feeling so confident about it now - I'm sure Abbey will request a stay.

got home today to find a copy of Abbey's Defence! It is dated 14th May though and the deadline for submitting it was the 14th. I'm really hoping that the Court stick to their word as they will have received my Request for Judgement on 11th May. Might telephone them tomorrow to check!

I filed my N1 in person not MCOL but I presume it is the same either way you do it and I used both full names on my claim as our account is joint too. Hope this helps and good luck with your claim!

Quick update - phoned Court this morning as I sent request for judgement off on 9th May. Abbey had until 13th May to submit their defence. Court are running about 6 days behind at the moment but they said that if my request for judgement was received by them before Abbey's defence, it would stand and they would grant me judgement and request immediate payment from Abbey. If Abbey's defence arrived before my request, they will allow it and the claim will follow its usual course. Nothing is showing on their records as of today though so they think it is likely that Abbey have not yet responded! Will keep fingers (and everything else) crossed that Abbey have forgotten about me and I will get judgement. (one of my cats has been at the Vets since last Tuesday and bill is up to £850 at the moment so desperately need the money!! :o

Posted my request for judgement to court yesterday by first class recorded. Will keep my fingers crossed now and will phone the court if I get the judgement for claimant like KnellyK! Thanks so much for all the help KnellyK and Charleyfarley:D

After reading KnellyK's thread I have decided to go ahead and send off the Request for Judgement. I have filled it in and requested payment in full by 18th May so I shall just wait and see what happens now. Knowing my luck Abbey will just submit defence late and request a stay and I shall have held up my claim by a month but never mind, at least I feel like I'm doing something constructive, all this sitting around waiting for something to happen is driving me mad!!

Hi Charleyfarley - thought I would come and visit you on your thread as you popped in to visit me on mine! Thanks for the info about KnellyK's thread - made for very interesting reading - have got some thinking to do now!! Your thread is really entertaining, cheered me up no end! If your harem is getting a bit thin on the ground i'll gladly join!!

Hi KnellyK, just finished reading your thread after been directed to it by charleyfarley! First of all congratulations!! My circumstances are pretty similar to yours in that Abbey should have acknowledged receipt of my claim by 30th April and the court today said they have still not heard anything. They advised me to send in Request for Judgement but I said I would probably wait and see if they filed their defence by the due date of 14th May as I believed they would only request a stay if I did go for judgement. Now I have read your thread I'm not so sure if I am doing the right thing! HELP!!

Hi Charleyfarley - slowly! Haven't heard a thing from Abbey since I filed my claim, they had until 30th April to acknowledge my claim but I checked with the court this morning and they still haven't received anything. The court advised me to send in my request for judgement but I said that Abbey often fail to acknowledge and then file their defence late and that if I did get judgement awarded against them they would probably only apply for a stay and then file their defence even later anyway. I think that I shall hold fire for the moment, if they fail to lodge their defence by 14th May I shall write to them as per Karne's advice above and see if I can negotiate an earlier settlement with them, think its worth a try anyway! THANKS FOR ASKING!! GOOD LUCK WITH YOUR CLAIM - BEEN FOLLOWING YOUR THREAD WITH INTEREST:D

Thanks for the advice everyone! As I expected really:( Think I might follow Karne's advice and send them a letter if I have not heard anything after 28 days.

Well Abbey have until 28th April to acknowledge claim. Haven't heard anything yet but not surprised! Was wondering what the current view is on entering judgement if Abbey do not acknowledge. Is it worth doing this or will it just delay matters even more. I presume if I do, Abbey will just ask for it to be set aside. I just thought that if judgement was entered it might provide me with a bargaining tool to try to negotiate an earlier settlement. Has anyone had experience of this that they could share with me?

The letter looks fine, but if I were you I wouldn't settle for anything less than 100% - after all it is your money. All the best!

Just wanted to offer you some support too James31. Keep going, don't give up. Even if you don't get to share the payment among your creditors, it will just about pay your overdraft off and then you can say a big GOODBYE to Abbey and put this behind you. Whichever way you look at it, £9000 is a hell of a lot of money and it would probably take you years to pay off your overdraft if you didn't claim your charges back. There are probably thousands of others in a similar situation to you who haven't got the guts to take their bank to court like you and will be paying back similar overdrafts for ever! You should be proud of yourself for coming this far - just focus on the fact that in the end you WILL be debt free eventually and what a great feeling that will be!! I wish you the best of luck - keep fighting.

How's your claim going James31 - you've been a bit quiet lately! Hope everything is going well:)

Hi, just starting a claim with GE Money for a Frasercard Account I have. I sent of a SAR on 6th February and yesterday received 3 years statements and notification that a GOGW "in full and final settlement" of £309 had been credited to my account. This just happens to be about what I owe on the card so intially I was rather pleased! After thinking about it though, I realised that as the account has been open since July 1994, I am missing about 9 1/2 years statements which I presume will add up to a great deal more money. I am composing a letter to them in which I want to reject their offer as full and final settlement and only accept as part payment, as per the template letter on here, I also want to give them 7 days notice to comply with the SAR before starting court proceedings against them for this and also to inform them that I will begin an estimated claim at court 14 days after the expiry of this notice for approximately £950. Does anyone else know if I can do all this in one letter and also whether I can claim for interest if it does get to the Court stage - any help will be very much appreciated!!!

Thanks for your reply Lula! I have got the details of the non-compliance letter template and also the rejection of offer letter. I was hoping to combine these letters into one and also use the letter as my letter before action informing them that I will submit an estimated claim 14 days later if they do not comply fully with the SAR. I was just wondering whether it was okay to do this all in one letter. Also, I was wondering if I can still claim 8% interest on this claim if it gets to court stage or is that only for banks?

I have received my Notice of Issue from the Court today - finally! My claim number is 7WR00848. PLEASE can anyone help me with my GE Money question that I posted before - I need to send a letter off to them but not sure if it's the right thing to do!!

CONGRATULATIONS!!! Well done Mad Nick (you're obviously not mad at all - just even!!) Hope you really enjoy your money! You have been very helpful to me and to many others, you really deserve your win, All the best!!