Teebum V Abbey **** WON !!!! ****

[teebum]

Abbey have not handed in there bundle as the judge has ordered, what now?

 

Phoned court and asked what to do next, the clerk I spoke to just advised me to get some legal advice or write to judge for his direction. Any ideas much appreciated.

[teebum]

The date was 21st December by 4pm. So glad I did not listen to Inga when she said she would have this settled in a couple of days (spoke on 14th Dec).

[teebum]

Phoned court and asked what to do next, the clerk I spoke to just advised me to get some legal advice or write to judge for his direction. No idea of how to word a letter.

 

p.s

Got a fax machine for crimbo just so I can speed things up and not wait for letters.

[teebum]

Am really hoping Judge just gives me the win.

 

Have PM'd Glenn

[teebum]

Is it worth ringing Inga and remind her of dates?

[teebum]

Have faxed a letter to the Judge, wait and see what happens now.

[teebum]

I need some help with:

 

"Both parties shall by 4pm on 18th January, serve on each other the witness statments of themselves and of all witnesses (other than expert witnesses) on whome they intend to rely"

 

I have handed in my bundle to the court and to Abbey, what is the above?

[teebum]

Thanks Karn, very confusing now.

Have still heard nothing from Inga or received any budle from them.

[teebum]

Bundle was due by 21st December and the defence by 18th Jan.

[teebum]

Will try

 

Thanks

[teebum]

It looks to me like the index from the bundle

[teebum]

As far as I know Yes she can, but I am no expert and would advise asking via a moderator.

 

Would also advise starting your own thread, that way everyone can help you, and the help on this site is fantastic.

[teebum]

Help, don't know what this is. Received the following letter from the Judge today.

 

General Form of Judgement or Order

 

On Friday, 29th December 2006

 

District Judge Hickman sitting at milton keynes court considered the written application of the claimant (no other person having had notice of the application) and made the following order.

 

1) The defendant shall now give to the claimant standard disclosure of documants by serving copies together with a disclosure statement by 4pm on Friday 12th January 2007.

 

To the defendant: if you do not comply with the requirements of the above paragraph within any time limits imposed by that paragraph, your defence will be struck out.

 

2) Because this order has been made by the court on the application of a party without notice of the hearing being given, any other party has the right to apply to have the order set aside or varied. Any such application must be sent or delivered to the court to arrive within 14 days of service of this order.

[teebum]

It is the 12th today and I have received nothing from Abbey?

The date of the order is 29th December so is Abbeys time up?

[teebum]

I phoned them in DEC then faxed them ON 28TH DEC

[teebum]

Have just rung court and they have nothing from Abbey

[teebum]

Phoned court again and still no bundle.

[teebum]

do you mean write to Abbey or Court?

[teebum]

Thanks Karn.

[teebum]

Thanks, whatever that means lol

[teebum]

Thanks, once I win I can come of the Valium,,,,LOL

[teebum]

Karn, have just rung court and they have nothing from Abbey, if possible can I have the letter,, thanks Tee

[teebum]

I will PM you

[teebum]

doing letter now

[teebum]

Claim Number:6Mxxxxxxx

Claimant:xxxxxxxxxxxxxx

Defendant: Abbey National PLC

In relation to : Bank charges applied to account numbers xxxxxxxxx since May 2002

 

I, xxxxxxxx will say as follows:-

 

1. I am the Claimant in this case.

 

2. I make this Witness Statement in support of claim against the defendant.

 

3. I make this Witness Statement from information and facts within my own knowledge and which I believe to be true.

 

4. I have contracts with the defendant since before May 2002. I am claiming the return of money taken by the defendant in the way of charges since May 2002. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law.

 

5. On 31 July 2006 Rubject Access Request under the Data Protection Act 1984. Letter to Defendant requesting complete list of transactions relating to my accounts since July 2000. £10 fee enclosed.

 

6. Received letter dated 09 August 2006 from Defendant agreeing to send details currently held on system within 40 days, but that earlier transactions held on microfiche are not covered by the Data Protection Act 1984.

 

7. On 12 August 2006 Letter to defendant reiterating original request for the data be sent to me.

 

8. On 19 August 2006 Letter to defendant requesting repayment of charges and pointing out that regime of 'fees' that the defendant had been applying my accounts in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. Request for repayment of charges and 7 days notice given for the defendant to respond positively.

 

9. On 27 August 2006 Standard holding letter dated 25 August 2006 received from defendant together with Complaints Leaflet

 

10. On 04 September 2006 Letter before Action to defendant enclosing further copy of schedule of charges.

 

11. Holding letter dated 07 September received from defendant, identical to letter dated 25 August 2006. Complaints Leaflet enclosed.

 

12. Full list of transactions for account numbers 72589879 received from defendant from period 04 April 2005 – August 2006.

 

13. 10 September 2006 Letter to defendant requesting missing transactions from July 2000 – April 2005.

 

14. 14 September 2006 received from defendant letter of apology for delay in handling the complaint.

 

15. 13 September 2006 Letter from defendant stating that their charges do not contravene the Unfair Terms in Consumer Contracts Regulations 1999.

 

16. Form N1 completed and sent to court together with schedule of charges. £250 fee enclosed.

 

17. 27 September 2006 Letter from defendant dated 25 September 2006 stating that they believe that the gesture of good will payment is full and final settlement.

 

18. 01 October 2006 letter from defendant dated 29 September 2006 stating that the information I have requested that is held on microfiche will not be provided under the Data Protection Act

 

19. On 07 October 2006 Notice of Issue received from court.

 

20. On 10 October 2006 letter to court informing that Abbey had made Gesture of good will payment.

 

21. On 14 October 2006 Notice of acknowledgement received from court.

 

22. On 14 October received notice of change of solicitor from defendant, letter dated 12 October 2006.

 

23. 18 October 2006 received letter from court dated 16 October 2006 asking if I accept gesture of good will as settlement and would like to withdraw my claim.

 

24. 20 October 2006 Letter to court Confirming that I do not wish to withdraw my claim.

 

25. 28 October 2006 Defence received from defendant.

 

26. 04 November 2006 Letter to defendant informing them that the Information commissioner has decided that the transactional information held on microfich are a relevant filing system.

 

27. 05 November 2006 Notice that a Defence has been filed received from court.

 

28. Allocation Questionnaire completed and returned to court. £100 fee enclosed.

 

29. 25 November 2006 letter from defendant Acknowledging receipt of my £10 fee and that they will send requested data.

 

30. 01 December 2006 Notice of Allocation to Fast track Court received.

 

31. Order from Judge Hickman received, stating disclosure of documents by 21 December 2006, Witness statements by 18 January 2007, pre trial checklists to court by 20 February 2007 and trial date of 27 April 2007.

 

32. My claim is that the bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

 

I have repeatedly asked the bank to justify their charges but they have declined to do so. As reported on a recent BBC2 ‘The Money Programme’, three experts have researched for a period of time and their conclusion is that the maximum cost incurred to process a ‘bounced cheque’ is £4.50 and a ‘direct debit or unauthorised overdraft’ is £2.50. Therefore being charged £20-£35 for the same ‘service’ is unlawful.

 

I am also claiming costs.

 

 

Statement of Truth

I believe the facts stated within this Witness Statement to be true and exhibit Exhibits comprising of 03 pages