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manolo

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About manolo

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  1. Hi I was wondering, I know that for each bank you have to wait until one claim is over and done with before starting the next one for the same bank to avoid them consolidating them and it going over the small claims limit, but can you do claims for different banks at the same time??? Thanks for any advice.
  2. Hi, i think I read somewhere on this site that you can get your statements if you no longer know your account no. Can someone please tell me if this is right as I am trying to get statemets from a closed account. Thank you for any help
  3. The cheque was finally put into my account today!!! Yay. Apparently they have a big work load on at the moment! lol. Good luck everyone else. And thank you to everyone who has been so kind and helpfull to me. Onto claim 2! Kerry x
  4. Can anyone who has won against Abbey please tell me how long they waited before the money was in there account? I had a letter confirming that they were going to pay up over two weeks ago. I sent everything back but nothing as yet. Thanks for any info, x
  5. Hi guys, I am so sorry I have not been around in ages. I have not been well and had to move back to my parents for a while, to be looked after, boo. So had no internet access. I am better now and back online. yay!! My claim has been carrying on too. The second hearing was supposed to be for the 1st of September, but I was not well enough, to travel up to Aberdeen (my parents live in Edinburgh) so they continued it and made the hearing date the 28th September. I then got a letter from Abbeys lawyers saying that I had not handed in proof of these Terms and Conditions I talk of ( complete lie i sent them signe for to Abbeys lawyers and to the court) and they were dissapointed but understood why I could not make the hearing on the 1st September, and to get it all over and done with they are now willing to offer me a settlement of £200. Then I got a letter from the in court advisior I had been in contact with saying that the Abbey lawyers had still turned up and were willing to pay back the charges. So I sent them a very nice letter in reply to there £200 offer and said, that I was going to keep going for the full amount. I then wrote to the court to say that were were in settlement negtiations and that the court date of 28th september would need to be continued again, as I was awaiting a reply from Abbeys lawyers. Two weeks later I got a letter saying that DLA Piper were not handling this case anymore and that it was now Ashurst (strange) dealing withi it. I again could not manage the hearing date as I was not well enough. (grrr) and the court date passed and I still had not heard anything back off them. Then last week I got a letter from the Abbey itself, saying that they had decided in this instance to pay the claim in full including the court fee, and that a cheque would be going into my account. Yippeee!!!!!!!!!!! However they have forgotten to pay the intrest, so it means another letter. So my battle with Abbey is over, for now. I have a second claim to make. But this one will be a lot quicker I hope. I really wish I had been well enough to go to the court dates. I had everything prepared. Maybe next time. Thank you to everyone wo has been following this link, even though I have not been able to make it on here. Good luck everyone. Kerry x
  6. hi guys, not dropped off the end of the world, just been v busy. Will come back tomorrow and update every one. x
  7. I said the letters could be made avalible if needed and I made sure that I tool them with me to the prelim hearing.
  8. ok, here is what i put in my claim The pursuer Kerry Finch, has held a bank account with the defendent since febuary 2005 the account no being ******. The defendent deducted from the account various amounts of money in penalty charges during the period July 2005 to May 2006. These were in respect of 'charges as notified' (levied if a cheque, direct debit or standing order payment was returned because the specific overdraft had been exceeded) The pursuer contends that these charges were legally unenforceable and the pursuer is demanding repayment of money. The defendent has refused full payment of these monies due. No admissions are made by the pursuer as th the incorporation of any term into the contract between the pursuer and ther defendent purporting to entitle the defendednt to levy penalty charges. If the defendent is able to establish that the contract did containthese terms, the pursuer will will contend that these charges are unenforcable by law, being penalty charges designed to penalise the pursuer for breach of conduct and generate profit for the defendant for the actuall loos occouring to the defendant rather than being liquidated damages designed to compensate the defendant for the actuall loss occouring to the defendant as a result of the breach. The pursuer claims from the defendant a sum eqivilant to the to the amount unlawfully debited from the pursuers account from July 2005 to May 2006. The sums are in the attached schedule. The contractual provisions that permit the defendant to levy such charges in unenforcable by virtue of the unfair contract terms in consumer contracts regulations(1999), the unfair contract terms act(1977) and the common law The defendeant has a branch in Aberdeen therefore it is under the jurisdiction of this court. Phew that took me ages to type and i am suddenly worried you guys are going to tell me i said loads of wrong things!
  9. oh my goodness, thank you everyone for replying, so much info on here i am going to have to sit down and read it all properly. Not really taking it in just now. I am going to phone the in court advisor tomorrow and book an appointment to go see her. I too thought it was strange that the defendents wanted a list of the terms and conditions. i too now see it strange that the judge told me the next case will be for me to prove that these charges are penalty charges(that was the only thing she said) i am the one accusing them, surley they should be trying to prove me wrong. I think i will have loads more questions but cant think of them now. Oh all my evidence, does that all have to be submitted to the courts and Abbey lawyers?? I am no where near ready to submit it yet as i want to make sure i have every single thing possible so they have no way of arguing against it!! Also Robertxc do you mind if i pm you with question as i think of them, will need a few things cleared up after i talk to the incourt advisor, , bit unsure if they are trying to say that i have breached the terms and conditions or that i have not and thats why they are charging me! Going to sleep now as my brain hurts. post back tomorrow. Once again thanks for all the support and information x
  10. ewan i am not sure about the terms and conditions, i am hoping a mod can clear this up a bit later on.
  11. i am definatly going to go see the in court advisor and email the gov website, to get as much info as poss. Feeling quite happy with myself as i can pull a lot of other things into proving that these charges are penalty charges, such as the amount of profit they make on charges etc
  12. Ok guys I am back. Here goes, And it was a local lawyer acting on behalf of Abbeys Lawyers I was in a court room, like you see on tv only smaller, everyone who had a small claim was sitting in the court room and there was a big high table where the judge sat ant the end with a table infront of it for the pursuer and the defendent to stand at either side. The judge seemed a little grumpy but I was relived to see that she was being very fair to the people before me so that made me feel a bit better. When my case was called I went up and stood on my side of the desk and the lawyer on the other side handed the judge their defence, (which i only got today in the post when I came back form court!!)and said that i had a contract with them under the terms and condition and that bouncing dd etc breached this contract which was why they took the money. And they said that i had failed to submitt a copy of the terms and conditions to either the court or themselves(didnt realise i had to do this, but will send them in tomorrow if someone can confirm this) and because of this they would like the trial to continue where evidence can be submitted. The judge then turned to me and said the amount i was claiming and was this correct, both myself and the lawyer agreed the amount being claimed was correct, She then asked me my view and i said that i did understand the terms and conditions however i disagreed, i think that the charges they apply to your account when you go overdrawn are far too high and not representitive of what the bank looses from me, and that i think these charges are unenforceble and punative. She then said that we were to have a further session in about 2 months time where i was to supply evedience that there charges were penalty charges. And then i was free to leave, on my way out the in court advisor came up to me and said could i call her. which was interesting as she only handed out leaflets to the other people that were defending themselves. All in all a bit intimidating but so glad I went and stood up against the other lawyer, made a few mistakes but not to bad since this was my first time in court. Onto finding everysingle piece of evidence i can that proves this to add to what i have already got.
  13. Thanks Robertxc, it is Aberdeen sheriff court, though its interesting that you are in dunfermline, I am moving there in a weeks time. Thanks for telling me that this is just to make sure everything is sorted, going to quickly prepare a mini brief for that and I am going to take all my other information just in case. Away to do that now and then bed. Will check back before I head to court, and then will post as soon as I am back. Thank you once again. x
  14. Think I might be... lol. Might be able to make things easier for people in Scotland if I win, or should I say when I win!!! 12 hours to go! Yay
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