BISH V abby ** WON ** WON **

[bish]

Very good, think I will do that. I assume as no judge yet involved that I should just address it to the court.

 

Regards bish.

[catherinebear]

Dear Bish

 

I think the Abbey are just trying for the small claims track to avoid full disclosure hang in there you are entitled to askl for Fast Track as we did and I am sure you will then get an offer. Good luck. By the way on your Capital One claim did you claim back the retail interest as I am not quite sure what to claim for is it just charges? Many thanks and good luck.

lol

Catherine Bear

[bish]

Hi Catherinebear

 

I think the Judge will Allocate fast track anyway due to the amount, so going to wait to hear from the court. I am thinking that the courts and Judges are all getting fed up with these claims and the banks time wasting, so will order disclosure of the documents I requested in the allocation questionnaire. That should bring it to a rapid end I hope.

 

The capital one claim I am still undecided on what interest to apply. The schedule of charges I sent with my LBA did not include any interest. I had hoped that they would roll over like marbles did and pay up, especialy as I did not apply interest to the charges. I think I am going to claim back the higher rate of interest, not sure what its called or what the rate is, it is when you use your card to withdraw cash from an ATM. As they have been withdrawing cash from me for the last five years, unlawfully think it only fair I charge their rate of interest. Still a bit tied up with the abbey claim, so put capital one on back burner, don't want two cases running at the same time. I will look into it further and let you know what I decide. Are you about to file your N1.

 

Regards bish.

[bish]

Received a letter today from abbey regarding my account which is in dispute. Claim issued 30/08/06. Letter basicaly says account overdrawn/over limit by 645.50 still applying charges and interest and passing info to credit reference agency about how I run the account. I wrote to the person on 22/09/06 requesting that they stop charges and interest on this account as it was in dispute and a court claim had been issued. They are obviously ignoring this request and piling on the contractual interest at 28.7% and charges as they withdrew the overdraft facility in June. Any ideas how to deal with this would be appriciated. Thinking of emailing them a copy of original letter of 22/09/06 and amending my claim to include contractual interest of 28.7% rather than the 8% allowed under section 69 of the county court act. All comments welcome.

 

Regards bish.

 

Received a reply today regarding email I sent reminding them of the original email I sent with the pasted letter I'd sent them by snailmail. Email said that they could not read the attachement I'd sent containing the original email and snailmail I'd sent. So sent them a reply email with pasted original email and snailmail letter, saying 'Can you not read snailmail or email and if so I would send them a hard copy by post. Is it me or am I dealing with complete morons, or are they just trying to avoid me applying 28.7% like they have.

 

Regards bish.

[anney63]

HI Bish

 

Any further developments . I am watching your case closely. As it almost mirrors my sons except his account is closed and he is still paying off overdraft at an agreed £50 per month. Nearly cleared but never missed a payment. His claim is for £7200. sent Prelim LBA due 9th Nov. Good Luck !!!!!!!!!

 

A:-)

[bish]

Hi all

 

Just an update for every one and a request regarding my situation. I returned my AQ by the required date of 20/10/06. I received a copy of abbeys AQ which was faxed to the court on the 20/10/06. I have not received any further correspondence from the court since then, that was 3 weeks ago, is this normal. Should I contact the court to find out what is happening. Any comments or suggestions welcome.

 

Regards bish.

[srfrench]

Yup, I'd contact the court as well just in case.

 

REmember we are leading up to the Xmas breaks now so the Courts will be winding up and clearing their current caseloads as best they can ready for the New Year.

 

Patience, but do check with the Court as to the progress and status of your claim to be on the safe-side.

[bish]

Thanks Karn and frenchy, put my mind at rest. I will give the court a ring just to see how things are progressing and will update ASAP.

 

Regards bish.

[bish]

The abbey have still not complied with my DPA request, last letter sent on 14/07/06. Obviously I have the information to file my claim for charges, however, I am not happy with the fact that they have still not responded with the DPA request. Any comments appreciated as to what to do regarding this.

 

Regards bish.

[anney63]

Hi Bish

I dealt with a lady Sheena Small in the DP office of Abbey and she was really helpful. Her direct line is 01908 344061 she even faxed some missing documents to my workplace. She apparently contacts Pam Speeds department and gets things done or at least in my case she did. Unusual I know but true.

How are things going?

 

Anney

[bish]

Hi Anney

 

Glad you have had some positive response fom abbey, I would frame those copies as very rare. I have at last received something from the court today regarding my AQ which was filed on 20/10/06 and claim in general. It is a General Form of Judgement or Order, and the following points are included

 

Before Distict Judge ******* sitting at blah blah county court etc.

 

Upon review of the court file

 

It is ordered that:

 

1. The claim be allocated to the Small Claims Track

 

2. The claim be listed for further directions only at a Preliminary Hearing to

 

take place on 28th November 2006 at 11.30 am, time estimate 5 minutes,

 

to be held at blah blah court.

 

3. At this hearing the court will consider either:

[bish]

Hi Anney

 

Glad you have had some positive response fom abbey, I would frame those copies as very rare. I have at last received something from the court today regarding my AQ which was filed on 20/10/06 and claim in general. It is a General Form of Judgement or Order, and the following points are included

 

Before Distict Judge ******* sitting at blah blah county court etc.

 

Upon review of the court file

 

It is ordered that:

 

1. The claim be allocated to the Small Claims Track

 

2. The claim be listed for further directions only at a Preliminary Hearing to

 

take place on 28th November 2006 at 11.30 am, time estimate 5 minutes,

 

to be held at blah blah court.

 

3. At this hearing the court will consider either:

 

a. to stay the claim pending the decision in a test case involving the

Defendant, or

 

b. to give directions for this claim to be heard as a test case, and if

necessary to reallocate the claim to the multi track for that purpose

 

4. Not less than 14 days before the preliminary hearing, the defendant shall file with the court and serve upon the claimant details of any cases proceeding as a test case, the decision in which will determine the issue in this claim. Alternativly, the defendant shall file with the court and serve upon the claimant draft directions for this case to proceed as a test case.

 

5. The claimant may make any representations to the court in writing provided these are received by the court and served on the defendant not less than 5 days before the preliminary hearing. If either party is prepared to abide by the decision of the judge as to the direction to be given, that party is excused from attending the preliminary hearing.

 

Dated 10th November 2006.

 

 

 

Sorry about the double post keep hitting the tab key.

 

Any comments welcome regarding this, seems like a double edged sword.

 

I have a problem with the hearing date, when I filed the AQ no dates were an issue, however since then my wife has had a date for her major operation. Yes you are right 28th November 2006.

 

Need some help with this one thanks

 

Regards bish.

[bish]

Hi Karn

 

Yes does sugest that abbey either provide test case details or mine will be sent up as a test case. I know that other cases have been sent up to multi track in the mercantile court and that at least one has been again settled out of court. This does concern me in that it is just giving abbey more time to just settle up further down the line than they would if my claim was dealt with on fast track. Seems abbey are the only ones to gain short term anyway.

 

I also see in the order that it was dated 10th November 2006, but I only received it on 17th November 2006. If abbey has to comply 14 days before the hearing date of 28th November 2006 and they received it at the same time as me they are not going to be able to comply with the 14 day time limit. I would assume that a stay would be asked for by abbey in that case.

 

Regards bish.

[bish]

Have any abbey claims been sent to the mercantile court as test cases yet, if so which ones. Been looking but can't find any abbey ones. Any pointers would be a help, need to get a letter of to the court as unlikley to be able to attend the hearing.

 

Regards bish.

[bish]

Hi all

 

Mine and wiffaleens case are at the same court and same Judge. I note on my order and as posted above it specificaly states test cases involving the defendant. Also for abbey to serve details of test cases or draft directions not less than 14 days before hearing which is on the 28th of November, its the 20th today and I have received nothing from abbey.

 

I need to get a letter to the court stating that I am happy to abide by the Judges decision, should I also say that I have received no details or draft directions from abbey to date. Do I need to send a copy of my letter to abbey 5 days before the hearing.

 

Regards bish.

[bish]

Hi all

 

OK sent letter to the Judge today and to abbey special delivery so both will get there within the five day period. Explained to Judge not able to attend as wifes operation on same day, but willing to abide by Judges decision. A stay pending test case decision or my case going up as a test case on multi track. I also stated that I had received no details from abbey as required by the order. I think the Judge will not be happy with that and more so if they have not bothered to send them to the court either.

 

Not been counting my chickens but thinking as abbey not complied with order they are about to settle this or loose by default. As I have now heard they have settled with Wiffaleen, which is great news, I am thinking my thinking was correct. As it cost me £8.40 to send the letters special delivery and abbey have not complied with the order, I am going to wait until after the hearing now and see what happens. I am sure the Judge was well aware of what the banks have been up to and applied the General Form of Judgment accordingly. I hope that by waiting until after the hearing this will provide more ammunition against the banks and help future claims be concluded quicker and to the advantage of us. I could also be completly wrong and facing the multi track. Gulp !.

 

Regards bish.

[wiffaleen]

Hi Bish

 

Good Luck for your case today, hope judge acts in your favour. Not long now I'm sure before your bank account will be credited wth the full amount

 

Wait to hear your news

x

[Mad Nick]

Having just embarked on my own reclaim marathon v Abbey, it's become addictive keeping track of how everyone ahead of me is getting on !!

 

Bish - hope it went well today. Regards.

[bish]

Hi Mad Nick,

 

Not able to attend hearing today as at hospital all day today, was not required to attend if agreed with Judges possible decision, which I did. Going to ring court first thing in the morning to see if I can get heads up on what was decided, so post tomorrow if I know anything. Wife through the op which is main thing, just long recovery for her. I would rather face an MC hearing than go through that again, thats three ops in the last 18 months, to much stress. Be glad to see the end of all this, but soldier on.

 

Regards bish.

[Mad Nick]

Best wishes to wife and good luck on the phone.

[anney63]

All the best to you both Bish. Glad all ok with wife hope you get good news today to take with you when you visit.

[bish]

Thanks Girls and guys for the support, wife came through the op ok and is on the mend. Disapointing news however from abbey. After a long drawn out conversation of questions regarding specific charges and on back of the envelope calculations, I came to the conclusion that it is another ploy by the abbey to screw me. Hope I have not libled anyone with that comment. It was a lesson in how to offer 75% of the claim without actualy mentioning 75%. The abby person I spoke to could definatly be a confidence trickster, very well unprepared, almost threw me of guard. Again sorry for any liable, not intended.

 

So in conclusion then, Just another delay tactic by abbey. Tried to blind me with over the phone calculations, also said can not claim interest back on charges due to charges, yeh right. Forgot to mention 8% S69 interest, Just tried to con me into a settlement, so beware people.

 

I obviuosly fell into a trap, especialy as I could not attend the hearing yesterday due to my wifes op. Abbey did not attend and faxed through a letter to say entering into talks with me. Judge decided to stay for one month pending talks to resolve case. Just another months grace for abbey.

 

Feel very deflated at the moment, hope to bounce back tomorrow. Concidering a counter offer, but not sure what to do as realy fed up with it all. Comments will be much appreciated.

 

Regards bish.

[catherinebear]

:) Dear Bish

 

Havn.t spoken for a while as I had a bit of a fall all this metal in my spine plays havoc with the balance you know!! Anyway glad to hear your wife is on the mend we send her lots of love from Norfolk. Don't give up Bish if we can do it anyone can. Any help we can give please just ask as I am available all the time. Good luck to you.

Catherine Bear

xxx

[REG SINGH]

Hi,Bish

I am glad to read that your wife getting well and hope for speedy recovery. Please bish you are doing fine with your case just have a break for few days and you will feel energetic again remember this that THE SHOW MUST GO ON.

[philread1]

Hello Bish

 

Best wishes to your wife and hope she has a good recovery!

 

I feel exactly the same as you, the shABBEY certainly know how to wear you down, but all you have to do is to come on here and look at all the support you can get, whether it is moral support or help with your claim!

 

Keep on taking the fight to 'em Bish, you really know there is only one winner at the end of your claim!!!!!!!!

 

Keep your spirits up!!!!!!!

Phil:)