me v abbey *** WON !!! ***

[Michael Browne]

Look here:

Court Fees

 

Once you know your claim no. send 2 copies to the court clearly marked with your claim no. + brief covering letter

[etered]

Look here:

Court Fees

 

Once you know your claim no. send 2 copies to the court clearly marked with your claim no. + brief covering letter

 

Thanks Michael, I suppose when you get the claim number you also get allocated your court?

 

regards

[Michael Browne]

You get a claim no. the moment you file at court, allocation is after they have filed a defence.

[etered]

ok so if I filed this online, received a claim number, where would i send my spreadsheet to?

 

or will i wait until the AQ came through?

[Michael Browne]

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

[etered]

I see thanks Michael... very much appreciated...

[etered]

ok, filed moneyclaim but quite unlike myself I forgot to include the account number in the actual claim?

 

I am about to send of the spreadsheet which includes all the details of the charges to attach to the original claim is this ok?

 

also, do I just send a letter asking for this to be associated with claim number xxxx?

 

thanks in advance..

[etered]

what should we expect from these compared to DLA?

 

any info?

 

do you reckon the gw charges are part of the new setups plans to reduce the number of claims?

 

cheers

[give_me_it_back]

Yes - I am wondering this too.. are there any links to info we have missed..?

[etered]

Had an offer of 50% -the goodwill payment and a defense from abbey, standard stuff.

 

I have responded rejecting the 50% offer and explaining that my claim actually is discounted by the goodwill amount already (glad to see they read the charges spreadsheet!).

 

I have also counter offered, saying that we will split the £250 court charge, therefore giving abbey a £125 'discount' . This counter offer is valid for 7 days only...

 

If they dont respond within 7 days from wednesday, then I shall submit my AQ and a further £100 will be added to their liabilities...

[Royzeee]

I need some help, I have received £390 of the £1825 I'm claiming from the Abbey. I have sent them a letter informing them that I would accept another £820 on top for a compromise if they were to put the funds in my ACCOUNT BY THE 24/10/06 tHEY HAVE NOT AND ARE TOTALLY IGNORING MY FOLLOW UP LETTERS AND CALLS. i NEED TO KNOW HOW TO START WITH THE COURTS NOW... PLEASE ANUONE COZ I'M TAKING THIS ALL THE WAY.

 

CHEERS ROY

[etered]

Ok, my abbey overdraft facility was withdrawn because I have refused to pay my dividends into my account, the Overdraft was £3700

 

My claim after deduction of £990 gw payment is 6k, they are no gving me 28 days notice before a defualt is placed, I have sent official complaint to abbey and will be following up with a letter to banking ombudsman.

 

Can anyone give me any pointers to how i should breah this?

 

Specifically to include allen betts head of debt management... what a knob

[Glenn UK]

Have you written to Abbey specifically telling them you are disputing the debt and pointing out that the banking code prohibits them from defaulting the account whilst its in dispute?

 

Sec 13.6 of the banking code if you want to be sure, you should get yourself a copy so you know exactly what it says.

 

Re the banking ombudsman i haven't bothered looking on their site do they have a complaints procedure?

 

Glenn

[etered]

Complaints Abbey PO Box 5129 Milton Keynes MK9 2YN

9 November 2006

Dear Robert

Account number –

Your Ref: T

hank you for your letter dated 1st November 2006.

I must point out to you straight away that banking code sec 13.6 says that you cannot default accounts in dispute.

13.6 We may give information to credit reference agencies about the personal debts you owe us if:

• you have fallen behind with your payments;

• the amount owed is not in dispute; and

• you have not made proposals we are satisfied with for repaying your debt,

following our formal demand.

I therefore can only come to the conclusion that Allen Betts, head of debt management at Abbey either:

1. does not know the banking code

2, does not care what the banking code contains

3, is deliberately putting false defaults on customers who query the banks illegal charges

Please advise

Yours faithfully

David Etere

 

what do you think?

[etered]

Dear Mr xxx

Apologies for not responding to your original email.

I can confirm that a default has not been registered and we have suspended action pending the outcome of the dispute which is being managed by our Customer Complaints team.

Regards.

Allen Betts

[etered]

received today

 

Abbey asked for small claims , I requested Fast track and full discloure of costs, I also asked for the judge to dismiss their defence due to history of failing to defend.

 

Anyway, I have to give standard disclosure to every other party by list??? by 11th december

 

15 Jan exchange serve witness statements

 

No expert evidence

 

Pre Trial checklists are dispensed with

 

case has been listed for trial after 5 february.

 

well any advice? is this standard?

 

thanks

[etered]

erm, bump!

 

anyone for anyone?

 

Just really need some clarification as to whether this is standard ? my next steps etc?

 

thanks in advance..

[etered]

thanks karnevil...

 

 

youre a star...

[etered]

Can anyone please enlighten me a touch on what I should give to who and what it contains?

 

sorry for the ignorance, i have an idea which is a list of items that i will depend on in court?

 

cheers

[etered]

fantastic, thats cleared that up, well sort of, how to i go about asking for disclosure of Abbeys costs? I have been allocated fast track even after Abbey requested small claims, and on my AQ I asked for disclosure, should I put this in my bundle?

 

thansk again Karn

[etered]

Can someone comment on this please?

Ie is it ok?

CLAIMANT

-AND-

Abbey PLC

DEFENDANT

DISCLOSURE BY LIST

OF xxxxxxx CLAIMANT

 

I, xxxxxxxxxx Intend to rely on the following documents in court –

1. Correspondences

 

 

.....Date .......Description ......................... ......................... No. of pages

 

(A) 07/08/06 Letter: Data Protection Act request - 1

(B) 22-08-06 Letter: Preliminary Approach for repayment - 2

© 04-09-06 Letter: Letter Before Action to Abbey – 1

(D) 05/10/06 Copy of County Court Claim form issued by Claimant - 1

(E) 10-10-06 Letter: Letter sent to Northampton County Court & Abbey - 1

(F) 10-10-06 Schedule of charges sent to Northampton County Court & Abbey - 2

(G) Court Document: Notification of claim issued – 1

(H) 16-10-06 Court Document: Notification of Acknowledgment of Service - 2

(I) Copy of Abbey Acknowledgment of Service - 1

(J) 26-10-06 Court Document: Notification of Defence Filed by Abbey - 3

(K) 13-11-06 Copy of Defendants Allocation Questionairre - 6

(L) 14-11-06 Copy of Claimants Allocation Questionairre - 5

(M) 25-11-06 Court Document: Notification of Allocation to Fast Track – 2

 

2. Authorities

 

 

...........Description ......................... ......................... .............No. of pages

(AA) -- Copy of bank statements printed from online banking provided by Abbey

(BB) -- Unfair Terms in Consumer Contracts Regulations (1999) - 10

(CC) -- The Supply of Goods and Services Act (1982) - 13

(DD) -- Unfair Contract Terms Act (1977) - 9

(EE) -- Office of Fair Trading Report April 2006 (OFT842) - 35

( FF) -- House of Commons Early Day Motion (EDM 2227) - 1

(GG) -- House of Commons Select Committee on Treasury

Second Report: ‘Transparency in charging’ - 10

(HH) -- Report by Kendall Freeman on Liquidated Damages (May 2005) - 3

(II) -- Case Law Reference: Dunlop Pneumatic Tyre Co Ltd

v New Garage & Motor Co Ltd [1915] AC 79 - 2

(JJ) -- Case Law Reference: Alfred McAlpine Capital Projects Ltd

v Tilebox Ltd [2005] EWHC 281 (TCC) - 2

The Claimant will also make reference to the following case laws;

1. Murray v Leisureplay [2005] EWCA Civ 963

2. Wilson v Love [1898]

3. Lordsvale Finance PLC v Bank of Zambia (1996) QB 752

4. Bridge v Campbell Discount Co. Ltd. (1962)

 

Statement of Truth

I believe the facts stated within this Disclosure List to be true and comprises of xx pages.

 

 

Dated 7th December 2006

 

Signed

[etered]

Hi just sending off the court index to court and abbey now.

[etered]

okey dokey

 

Cheque in post today, 100% won, plus court costs

 

FYI Abbey are now not leaving it to the day before to settle as the courts are getting arsey with Abbey!

 

They are trying to settle early... hence my court date was week beggining 5th feb fast track...

 

 

on to abbey for my mortgage now... erc for 5k....

 

so now I have won 5k Abbey, 1k MBNA, MCOL with EGG and LBA to Abbey Mortgage..

 

lovely jubbley

[etered]

anyway they settled at 100% cheque from ashursts arrived today

 

lovely

[Bigmac versus]

Congrats to you and i bet you feel great, again well done.