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I am going to court on thur (6th July), help!


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Just posted my first letter re bank charges refund to abbey today, lots of other bank accounts to go(doing both mine and my boyfriends bank charges) Everyone should know about this site!! Cant wait to see what knid of pathetic response they send me back!

ABBEY Total £1277 First Claim £687 hearing date 6/7/06

BOS Total £1069

RBS 3/7/06 Statments arrived

NW Waiting on Statements Data Protection Act UP!!

SENT NON-COMP 28/6/06 sent letter to Data

Protection Act manager

 

Total £2286

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  • 1 month later...

Hi i am looking to claim back £1053.34 from abbey and £165 from Lloyds, i have sent the first and second letter with no refund and am now going to tkae it to court. I am confused though as i have read as much as poss about this and i think it has only confused me more.

 

would be gratefull if anyone could help me

 

from my understanding, do i just fill in form 1 and 1b and hand them into the sherrif court and pay the fee, or is there ohter things i have to do to??

 

I wish there was a step by step guide to doing this in scotland, as i think i have got myself all muddled up.

 

Also i know the limit is £750, is that what you put in the claim form?

 

Sorry for all the questions i hope everyone here gets every single penny back from their banks.

 

Kerry x

ABBEY Total £1277 First Claim £687 hearing date 6/7/06

BOS Total £1069

RBS 3/7/06 Statments arrived

NW Waiting on Statements Data Protection Act UP!!

SENT NON-COMP 28/6/06 sent letter to Data

Protection Act manager

 

Total £2286

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Hi Kerry,

 

I know exactly how you feel! I was feeling exactly the same a couple of days ago - it might help you to read through my post on this 'Scotland' forum - 'Help please by meagainstrbs' as you might find some answers in there. I'm assuming you are in Scotland too?

 

Yes, if you have sent the prelim letter and the letter before action with no luck or cash, then the next step is the court. Just fill in the forms 1 and 1b (on scotcourts.gov.uk) - wintermare's post at the bottom of this 'Scotland' forum is helpful with wording and hand into the Sheriff Clerk's office (in the court building) with the fee for £39. Of course you'll have to pay twice if you are submitting two claims. I needed 1 copy of the forms and 2 copies of a list of charges for my 1 claim. That's all.

 

If you want to keep to the small claims track, then you'll have to keep both claims under £750. Mine was £973 cut down to £743 so I could get under £750. If you want to claim for more in Scotland, you can go under 'summary cause' - but this is more for solictor's etc (as I understand it) and you can be liable for the bank's costs if you lose so 100% more risky. If I was you, I would keep both claims under £750, then if you are successful, claim back the other £300 ish from Abbey.

 

If you want to see a copy of my claim form, I can send this to you - just PM (private message) me your email address - scotia did this for me and it was REALLY helpful. I can send you this if you like when I get home from work tonight.

 

Anyway - good luck!

 

meagainstrbs

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or you can look at my sticky at the top of the page.....lol

 

:D

IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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  • 2 weeks later...

Does anybody know???

 

I asked for a default to be removed from my credit file in my first letter to Abbey, do I also put that in part 7 of the court form.

 

Thank you so much and good luck, x

ABBEY Total £1277 First Claim £687 hearing date 6/7/06

BOS Total £1069

RBS 3/7/06 Statments arrived

NW Waiting on Statements Data Protection Act UP!!

SENT NON-COMP 28/6/06 sent letter to Data

Protection Act manager

 

Total £2286

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  • 3 weeks later...

ok well, it was the return deadline for Abbey yesterday, and i phone the court today to see what there response was... They had not replied to the court. So I win by default. Yay!!!!!!! Just got to fill out a Formm 11( hope i have filled it out correctly) and then i will see the first instalment of my bank charges.WOO HOO!!!

ABBEY Total £1277 First Claim £687 hearing date 6/7/06

BOS Total £1069

RBS 3/7/06 Statments arrived

NW Waiting on Statements Data Protection Act UP!!

SENT NON-COMP 28/6/06 sent letter to Data

Protection Act manager

 

Total £2286

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Hey manolo,

 

That's fantastic news! I'm so pleased for you!

 

Your court must be quicker than mine as I submitted my claim in person on 2nd May and can't ring the court until 20th June!

 

Make sure you tell the moderators and fill in the survey as they will be very interested.

 

Keep your fingers crossed for me!

 

meagainstrbs

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oh poo, just read the court forms again and they have till the 29th of june to respond, oh well. Strang the clerk i talked to didnt notice it, she just said i had a week to get my form 11 in. Oh well still in progress. I need to read more carefully. More determined now though to get it all back. good luck to you. x

ABBEY Total £1277 First Claim £687 hearing date 6/7/06

BOS Total £1069

RBS 3/7/06 Statments arrived

NW Waiting on Statements Data Protection Act UP!!

SENT NON-COMP 28/6/06 sent letter to Data

Protection Act manager

 

Total £2286

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  • 2 weeks later...

Got a letter saying that Abbey were intending to defend my claim against them but they would offer a 50% settlement and that if accepted it would be the full and final settlement of all claims against Abbey. I have to reply to this letter. Does any one have any ideas what to say in the letter. Should I accept but say I will still claim for the full amount, or should I refuse and say I am still claiming? Cant find any templates for this kind of thing. Thank you for any help.

ABBEY Total £1277 First Claim £687 hearing date 6/7/06

BOS Total £1069

RBS 3/7/06 Statments arrived

NW Waiting on Statements Data Protection Act UP!!

SENT NON-COMP 28/6/06 sent letter to Data

Protection Act manager

 

Total £2286

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you can do either, just dont accept and leave it at that. stick to your timetable. this is on your terms not theirs and your going to get your money bank either way.:)

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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Yes, don't allow them to bully you with talk of defending. Be firm & resolute, I would refuse completely & say your action will continue until you receive full settlement.

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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Take inspiration from Whizzkid's and Neil P's cases....Be strong...hold out and they WILL pay up !!

 

Dont let the bar stewards grind you down !!

Jamloo

__________________________________________________

Abbey - Data Protection Act Disclosure Request Sent 03/04/2006 - 40 day limit was 13th May.

9th June 2003 to 9th April 2004 Statements We Have - Total Charges = £1,420.00 :o

18th February 2005 to 18th March 2006 Statements Received - Total Charges = £3,177.00 :o

Still awaiting remaining statements.:evil: (as of 25th June)

Request for Repayment Letter Sent Recorded Delivery 02/06/2006 - 14 day limit is 16th June. Requesting £4,597.00

Letter Before Action Sent Recorded Delivery 22/06/2006 - 14 day limit is 6th July. Requesting £4,597.00

 

Capital One (Part 1) -

Request for Repayment Letter Sent Recorded Delivery 26/06/2006 - 14 day limit is 10th July. Requesting £359.22

 

Letter Before Action Sent Recorded Delivery 24/07/2006 - 14 day limit is 7th August. Requesting £359.22

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Thank you guys, I am just going to write them a liitle letter and say that I am not going to accept the offer and I will be continuing legal action. Cant wait till 29th June (Respond date). If i can get a 50% offer with 21 days to go, then fingers crossed I can get a 100% offer + interest not too long after. Thanks guys, good luck everyone. x

ABBEY Total £1277 First Claim £687 hearing date 6/7/06

BOS Total £1069

RBS 3/7/06 Statments arrived

NW Waiting on Statements Data Protection Act UP!!

SENT NON-COMP 28/6/06 sent letter to Data

Protection Act manager

 

Total £2286

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I am also wanting to claim back £2000 charges from Abbey . Could you tell me if you claimed their head office or your local branch and did you put in several claims or just one. Would be grateful for any advice

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Hi there. Clock is ticking for Abbey... bet you're counting the minutes! Glad to find this thread, as I too am in scotland and with Abbey. Keep us posted!

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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  • 2 weeks later...

ok, well the return date is tomorrow, i am just hoping they have not entered any defense and i will win, yay. will have to more research if it actuslly goes to court as i am not sure what i have to do/say then, will phone the court on fri and postrback to let you know, fingers crossed and good luck to everyone else taking on abbey.

ABBEY Total £1277 First Claim £687 hearing date 6/7/06

BOS Total £1069

RBS 3/7/06 Statments arrived

NW Waiting on Statements Data Protection Act UP!!

SENT NON-COMP 28/6/06 sent letter to Data

Protection Act manager

 

Total £2286

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waiting with a worm on my tongue.. (baited breath!)

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Thank you guys. 13.5 hours till I phone the court, really nervous, worried about what to do if i have to go to court. X

ABBEY Total £1277 First Claim £687 hearing date 6/7/06

BOS Total £1069

RBS 3/7/06 Statments arrived

NW Waiting on Statements Data Protection Act UP!!

SENT NON-COMP 28/6/06 sent letter to Data

Protection Act manager

 

Total £2286

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Try not to worry (easier said than done!), and get a good night's sleep. I'm sure it will all be fine. Even if you do have to go to court (and I seriously doubt that will happen!), there will be LOADS of advice and help here, and I'll chum you there if you like?

 

Can't wait to log in tomorrow.... x

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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ok, just phoned the court, and the are going to attend, 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. Give it me back, would you really be able to do that. That would be amazing!!

ABBEY Total £1277 First Claim £687 hearing date 6/7/06

BOS Total £1069

RBS 3/7/06 Statments arrived

NW Waiting on Statements Data Protection Act UP!!

SENT NON-COMP 28/6/06 sent letter to Data

Protection Act manager

 

Total £2286

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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

ABBEY Total £1277 First Claim £687 hearing date 6/7/06

BOS Total £1069

RBS 3/7/06 Statments arrived

NW Waiting on Statements Data Protection Act UP!!

SENT NON-COMP 28/6/06 sent letter to Data

Protection Act manager

 

Total £2286

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Hi Manolo. What did they actually say..? That they were going to 'attend' or that they 'intend to defend'.... Try not to panic just yet. I haven't seen this happen yet - so let's appeal to some of the experts out there.

 

Experts..? A wee helping hand here, please?

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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