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Everything posted by manolo

  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
  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 pa
  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 loa
  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
  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
  15. well it turns out i dont have to work tonight so all the more time to revise my argument! Yay
  16. ok so court is closed for the night and they are still intending to defend. Going into work for a bit, then home to re-read over my notes and evidence and tripple check i have everything. Then beauty sleep so I can be in fighting mode tomorrow!
  17. my boyfriend seems to think that they have up till one hour before the case is heard to remove there intent to defend(not sure on this), which would be 9am tomorrow. Anyway I am all ready to go and fight my case, anything less will just be a nice surprise. Court closes at five today so I am going to phone just before that. The sheriff clerk will be so fed up hearing form me today.
  18. Nothing in the post this morning and no other form of contact, so i guess all is go for tomorrow. I am getting quite excited now at the prospect of being able to prove them wrong. All my paperwork and questions and stuff are ready and my court outfit is looked out. One question though, If they pull out at the last min how will I know? I know I will find out tomorrow if they dont turn up, just wondering if i would be notified. I have already phoned the court and double checked they are still intending to defend.
  19. Sorry for starting too many threads mods, i will make sure i keep it to one from now on. I am hoping it doesn't go to court, and up till my court date i have read all the court guides on the scottish court web site, read all the information on going to court on this web site and tried to track down and read as many threads that have got to this point as possible. Plus internet searches. Give me it back dont worry about thur, if I have to go to court I will manage, no need for you to miss your appiontment. Hope i get a letter from them soon. x
  20. My return date was yesterdayand i phoned the court today, and they are intending to defend,arghhhhh!!!! So I will be in court on the 6th of July at 10 am!!! Oh my god really scared now!!! Dont have a clue what I have to do or say. going to trawl this web site for as much info as poss. Does any one have any info on this? Thanks x
  21. They said they intend to defend, does that mean that they might not turn up?? Hopefully, off to copy my post to Abbey and see if I get any more response tomorrow. Thanks, x
  22. Can anyone who has had to go to court in scotland please give me an idea of what info i will need, what to say, any idea of procedure please. I have had a look around the site and it is very english based, not sure if all the info works in scottish courts too. I am heading to court on Thur 6th July(though secretly hoping I will get a nice cheque for the full amount form them before that!) x
  23. just had a look at my bank and i the first cheque i sent out for rbs has been cashed, so i should be getting my statments soon. They better not cash the second cheque i sent them!!! or there will be trouble! Not heard anything from NW but as they are owned by the same people, they should follw soon too. Though that would make too much sense! lol
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