New member pls Help. which court?

[Eri-Prodigy]

Hello I am new in here, but I have read a lot of posts regarding abbey unfair charges. I am in a process reclaiming my £400 from abbey bank the charges were bounced DD. I have offered abbey to pay back 50% of my money without prejudice, but I keep getting the standard bull**** replay from them, about "OFT". Know I am going to a court; this is where I want your help; I am a bit confused on which one is better? The local county court or the small claims court (litigation)... personally I want to litigate my case in the small claims court, but I’ve read in here a lot of people do the N1 form which I understand is the local county court forum. Right know I have 2 forms with me the N1 and the N244 I’m not sure which one to fill in please help, clarify on what I have to do. Thank You.

 

 

[PGH7447]

Confused:confused:

 

Your claiming back charges but are willing to pay shabbey some money Why?

 

All claims are on hold due to the court case with the oft/fsa v banks and will be until next year

 

have they issued a claim against you?

[Eri-Prodigy]

PGH7447... I wrote to abbey to pay back 50% of £400 the charges which is £200 with out interest...thier replay was the standared letter tellimg me about All claims are on hold due to the court case with the oft/fsa v banks...so i`m going to a court, but i dont know which one is better the county court or the small claims court? pls help

[PGH7447]

But why the courts will just put it on hold anyway

[Eri-Prodigy]

But why the courts will just put it on hold anyway

 

PGH7447 are you from the bank? The bank has the right to request for stay to the court; but most people successfully challenged the stay not be garented to the bank incase you didnt know ; and i`m not worred it. i will get my Money back + intrest befor the oft/fsa v banks thing!! the oft/fsa v banks is not my bussines OFT will deal with them .. all i care is the money abbye took from me.

[saintly_1]

Hi ..... the best way to forward your claim is by using the N1 with the bank specific POC's direct to your local county court

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/107566-bank-charge-poc-n1.html

 

You can complete the N1 on your pc however you cant save it so you would need to print out 3 copies as these will be required when you file at court

1 copy for the court

1 copy for the court to serve on the bank

1 copy that the court will stamp and send back to you

 

As has been said the claim will proberbly get stayed but at least you will be in the system and earning interest.

 

 

saint

[PGH7447]

PGH7447 are you from the bank? The bank has the right to request for stay to the court; but most people successfully challenged the stay not be garented to the bank incase you didnt know ; and i`m not worred it. i will get my Money back + intrest befor the oft/fsa v banks thing!! the oft/fsa v banks is not my bussines OFT will deal with them .. all i care is the money abbye took from me.

 

NO I AM NOT FROM THE BANKS,

[saintly_1]

PGH7447 are you from the bank? The bank has the right to request for stay to the court; but most people successfully challenged the stay not be garented to the bank incase you didnt know ; and i`m not worred it. i will get my Money back + intrest befor the oft/fsa v banks thing!! the oft/fsa v banks is not my bussines OFT will deal with them .. all i care is the money abbye took from me.

Not sure where you have got this from as the majority of claims are stayed and attempts to have stays lifted havent been successful

[PGH7447]

Thank you Saintly for some newbie who wants help, they have a pretty funny way of going about it,

[Eri-Prodigy]

=saintly_1;1660366]Not sure where you have got this from as the majority of claims are stayed and attempts to have stays lifted havent been successful

 

Thank You saintly ... I just want to know which way is the best way to go about it...You recomend the N1 form, local county court; Dose it involve [/size] litigateing my case or solicitor? and what is the difference BTW The local county court & the small claims court(N224)?

[Eri-Prodigy]

Thank you Saintly for some newbie who wants help, they have a pretty funny way of going about it,

 

Sorry i though your the propoganda machin of the banks in here.. still you could be; you never know ; The reason i siad that is you siad "All claims are on hold due to the court case with the oft/fsa v banks and will be until next year" that is the exact response i get from abbey when i called them, That is the standared response of all banks Abbey, Barc, Halifa.... so many people got that response, but still they successfully won their case...infact people who didnt manage becouse of the stay are very few .. they can allmost counted by finger... you can look in to the forum...you hardly find people say they got put off by the stay.... people are cliaming there mony regardless the stay issue. but anyways i`ll be happy if you can help me in my original problem

[saintly_1]

That is the standared response of all banks Abbey, Barc, Halifa.... so many people got that response, but still they successfully won their case...infact people who didnt manage becouse of the stay are very few .. they can allmost counted by finger...

 

I'm still not sure where you have got this from as it would take a very brave Judge to not grant a stay ......... My own case having been stayed for 12 months now ......

[PGH7447]

Sorry i though your the propoganda machin of the banks in here.. still you could be; you never know ; I'll treat that remark with the contempt it deserves The reason i siad that is you siad "All claims are on hold due to the court case with the oft/fsa v banks and will be until next year" that is the exact response i get from abbey when i called them, That is the standared response of all banks Abbey, Barc, Halifa.... so many people got that response, but still they successfully won their case...infact people who didnt manage becouse of the stay are very few Really I must be one of the few then along with most people on here .. they can allmost counted by finger... you can look in to the forum...you hardly find people say they got put off by the stay. thats because they won before the stay, have you looked at the dates of the threads where people have won?... people are cliaming there mony regardless the stay issue. but anyways i`ll be happy if you can help me in my original problem

 

 

Won against HSBC

won against shabbey

won against paragon

stayed againts If

 

CCA in default x6

 

there's my credentials

Edited August 14, 2008 by PGH7447

[breeze1996]

You said it's for D/D .

 

Personal or Buisness?

 

As the others have said there is a stay in place unless it's hardship.

I know people like to say you can claim and get it back but the banks know they can hide behind the stay because the OFT still need to present their report.

 

You may think you can just claim and get the money back but other than your claim being logged at the court I would be shocked if you got more than the standard wait and see reply back.

[tiglet]

Do you feel you may have a claim because of hardship?

[Eri-Prodigy]

You said it's for D/D .

 

Personal or Business?

 

As the others have said there is a stay in place unless it's hardship.

I know people like to say you can claim and get it back but the banks know they can hide behind the stay because the OFT still need to present their report.

 

You may think you can just claim and get the money back but other than your claim being logged at the court I would be shocked if you got more than the standard wait and see reply back.

 

I started my claim 3 weeks go, because abbey charged me £35,00 for my bounced DD, that trigger my anger so i asked them to send me all my bank statement since the opening of my account which is 3 years go. when they did i found £380 + interest the same charges bounced DD in my bank statment; My point is why charge me when they are locked court battle with OFT the last time abbey charge me was when the OFT vs Bank case was pending and still is pending, so why is abbey charging me? abbey told me they can not discus the case because they are going through a legal process with the OFT8-).

 

I`ve heard people successfully challenged the stay, so i`m going to try too with your help

[Eri-Prodigy]

Do you feel you may have a claim because of hardship?

sorry i did not understand how hardship works .. i`m new to this thing you know:). could you please explain hardship to me? if you got time ..

[lynne2john]

Hi i have just sent letter off to shabby citing hardship you have to prove to them that their charges are causing you financial hardship, send them a letter citing your income and expenditures and how the charges are making your financial situation worse, i sent mine to bradford, i got all the information off this brilliant site if you look through the other peoples threads you can find all the info you need to proceed if your unsure still someone on this site will help just ask they are really friendly and helpful good luck

[Eri-Prodigy]

Hi i have just sent letter off to shabby citing hardship you have to prove to them that their charges are causing you financial hardship, send them a letter citing your income and expenditures and how the charges are making your financial situation worse, i sent mine to bradford, i got all the information off this brilliant site if you look through the other peoples threads you can find all the info you need to proceed if your unsure still someone on this site will help just ask they are really friendly and helpful good luck

 

Thank you body i`m going to send hardship letter to shabby....

[PGH7447]

So you are going to claim hardship but you are willing to pay them back 50% as per your first post, doesn't quite ring true does it:rolleyes:

[breeze1996]

I'm confused, if all your owed is £400 and it costs about £40 plus to go to court why not wait a few months and see what happens.

 

Call Abbey and ask to claim the money back, so your in the que, and by all means send the hardship letter and see what they say, but as I said just because you wish they would doesn't mean they will pay you back straight away.

 

They are a bank and they are still charging you because you didn't have enough money in the account, the stay is to stop us claiming not to stop the banks charging us.

[Eri-Prodigy]

So you are going to claim hardship but you are willing to pay them back 50% as per your first post, doesn't quite ring true does it:rolleyes:

 

50% was befor everything ... i offerd them to pay back 50% of the unfair charges that they charged me in my First letter. but they refuced to replay to my offer. write know only 100% will do if i go thrugh legal presidings.

[Eri-Prodigy]

I'm confused, if all your owed is £400 and it costs about £40 plus to go to court why not wait a few months and see what happens.

 

Call Abbey and ask to claim the money back, so your in the que, and by all means send the hardship letter and see what they say, but as I said just because you wish they would doesn't mean they will pay you back straight away.

 

They are a bank and they are still charging you because you didn't have enough money in the account, the stay is to stop us claiming not to stop the banks charging us.

 

Thank you body .... I`ve decided not to go to court,; My last try is going to be the hardship, coz realy in all honesty i am in hardship... and i can prove it. If that didnt work out i`m going to have to wait to few months and see what will happen....

[Tawnyowl]

Why not go for both-hardship-then if you don't win that then court stage so you are in the queue-when finally banks sink and lose the case finally-just my opinion.Hardship so hard to prove-i bet-banks no sympathy-really for hardship-good luck in anything you decide to do. If banks keep getting stays-and keep appealing etc-many people will lose charges and are doing so already re- 6year rule if not at the court stage.3years ago your charges perhaps started plenty of time for both.Good luck-will watch your thread with interest-tawnyowl

Edited August 22, 2008 by tawnyowl

[Eri-Prodigy]

Why not go for both-hardship-then if you don't win that then court stage so you are in the queue-when finally banks sink and lose the case finally-just my opinion.Hardship so hard to prove-i bet-banks no sympathy-really for hardship-good luck in anything you decide to do. If banks keep getting stays-and keep appealing etc-many people will lose charges and are doing so already re- 6year rule if not at the court stage.3years ago your charges perhaps started plenty of time for both.Good luck-will watch your thread with interest-tawnyowl

 

In fact you are right ...i`m going to file in my case to small amount claims court...as well as the hardship...if all that did not work out then i`ll just sit back and wait for the verdict of the court regarding the unfair Bank charges.