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    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx  
    • Well tbh that’s good news and something she can find out for herself.  She has no intention of peace.  I’m going to ask the thread stays open a little longer.   It seems she had not learned that I am just not the one!!!!  plus I have received new medical info from my vet today.   To remain within agreement, I need to generally ask for advice re:  If new medical information for the pup became apparent now - post agreement signing, that added proof a second genetic disease (tested for in those initial tests in the first case but relayed incorrectly to me then ), does it give me grounds for asking a court to unseal the deed so I can pursue this new info….. if she persists in being a pain ? If generally speaking, a first case was a cardiac issue that can be argued as both genetic and congenital until a genetic test is done and then a second absolute genetic only disease was then discovered, is that deemed a new case or grounds for unsealing? Make sense ?   This disease is only ever genetic!!!!   Rather more damning and indisputable proof of genetic disease breeding with no screening yk prevent.   The vet report showing this was uploaded in the original N1 pack.   Somehow rekeyed as normal when I was called with the results.   A vet visit today shows they were not normal and every symptom he has had reported in all reports uploaded from day one are related to the disease. 
    • Hi Roberto, Read some of the other threads here about S Sixes - they all follow the same routine of threats, threats, then nothing. When you do this, you'll see how many have been in exactly the same situation as you are. Keep us updated as necessary .............
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    • unrelated to the agreement then, could have come from Lowells filing cabinet (who lowells - they dont do that - oh yes they do!! just look at a few lowell paypal EU court claim threads) no name and address for time of take out either which they MUST contain. just like the rest of the agreement then..utter bogroll that proves nothing toward you ... slippery lowells as usual it's only a case management discussion on 26 April 2024 at 10:00am by WebEx. thats good simply refer to the responses you made on your 4a form response only. pleanty of SPC thread here to read before the 26th i suggest you read at least one a day. dx  
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Charges refunded. But they now want them back.


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Nononono!!!!

 

You have this the wrong way round.

 

Abbey doesn't take us to court, WE take THEM to court!!!

 

Abbey (or any other bank for that matter) are meant to DEFEND the claim... and they never do. They won't, as long as they are faced with revealing their real costs.

 

ok ok... i mean i wonder if Abbey has ever defended IN court?

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i've been ordered to appear at a preliminary hearing in the middle of august to discuss expert witnesses,amongst other things. As far as i know, this is a first on this web site(i'd be interested to know if it isn't). From what i can gather having read through some other bank's threads, the Abbey just seems to be the one which is taking the longest to roll over. They seem to fight each case as long as they can

 

 

I will get back to you over this , can you please post this in your own thread so as not to hi-jack this one , thanks

steter from dover, successfully reclaimed £2700 from Abbey thanks to THIS website

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i've been ordered to appear at a preliminary hearing in the middle of august to discuss expert witnesses,amongst other things. As far as i know, this is a first on this web site(i'd be interested to know if it isn't). From what i can gather having read through some other bank's threads, the Abbey just seems to be the one which is taking the longest to roll over. They seem to fight each case as long as they can

 

 

I will get back to you over this , can you please post this in your own thread so as not to hi-jack this one , thanks

 

Ooo that sounds a bit scary. let me know what happens. i'm claiming just under £5000 so therefore i bet this happens to me.

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It is an unusual and wasteful step but don't worry. If it actually goes ahead, it will bring you into court which will be good for your experience. You will also have an opportunity to ask the judge to order Abbey to make standard disclosure - which would be wonderful for everyone.

It will also be an opportunity to meet the Abbey people and to look them in the eye and show them that you are quite happy about going into court.

 

Believe me, it is the bank which does not want to go into court - desparately

 

Abbeyt have so many bad rins of luck in court and so much bad publicity out of it that they are desparately trying to retrieve thinhs - without letting go of the money, of course.

 

Make sure that you take lots of notes of what is said and take a friend or a buddy with you if you want.

 

What does the order actually say?

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It will also be an opportunity to meet the Abbey people and to look them in the eye and show them that you are quite happy about going into court.

 

I'd rather not do this quite frankly. Although i am angered that Abbey and the banks are stealing from us and victimising vunerable people... I'd crumble in court and be extremely nervous. I'd probably be a wreck.

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Just to add to my many worries...

 

I've just read BankFodders post about people making mistakes. One of them being 'claiming for charges which are not penalties'.

 

I'm a little concerned. I read everything here and took greatcare in calculating 'penalties'. But am worried that an unauthorised overdraft fee is not a penalty. Most of my charges are unpaid DDs, cheque clearance fees and other cleared transactions. Presumably unauthorised overdraft fee is a penalty. Just double checking.

 

:-/

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Do it what have you got to lose, they have already taken £2700 of you is £120.00 going to make any difference. Think of me £7000.00, could cost me £1000.00 or more, but still going to do it. At the end of the day as the OFT said its up to a Judge to deceide and as the Judges must be getting tired of the banks wasting their time as well as everyone elses got to be worth £120.00. I am more than happy to go with you if you need a bit of moral support, not any good on the court side but willing to learn, must be people on this site who have gone there or similar who may be able to help.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Do it what have you got to lose, they have already taken £2700 of you is £120.00 going to make any difference. Think of me £7000.00, could cost me £1000.00 or more, but still going to do it. At the end of the day as the OFT said its up to a Judge to deceide and as the Judges must be getting tired of the banks wasting their time as well as everyone elses got to be worth £120.00. I am more than happy to go with you if you need a bit of moral support, not any good on the court side but willing to learn, must be people on this site who have gone there or similar who may be able to help.

 

Regards bish.

 

gulp... why could it cost u £1000 or more?

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Your claim is for less than £5000.00 and therfore goes through the normal system and costs are coverd by your £120.00 court fee. My claim is for over £5000.00 and therefor can be allocated to the fast track system by the judge or the multi-track system which costs more and If I lose I can be liable to their costs of upto £750.00 or more depending on the track the judge deceides to allocate the claim to. Sounds a bit complicated but is explained on the courts web site, don't have a link but just type in county court to search engine and you will get there.Read a bit more on this site regarding litigation and small claims court and you will see that your claim is a lot of money but not to much to worry about losing. Good luck with it and keep me posted.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Sorry sounds a bit like I am an expert and I am not, just information I have gleaned from this site and others. Couuld be wrong on the cost side of things but just want to say that if you follow the guide lines set out on this site I am sure it will only cost you £120.00 if you were to lose, which by the sounds of it you won't. The main point here is that as far as I can tell not one bank has succesfully defended a case, or for that matter bothered to defend one, so go for it.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Sorry sounds a bit like I am an expert and I am not, just information I have gleaned from this site and others. Couuld be wrong on the cost side of things but just want to say that if you follow the guide lines set out on this site I am sure it will only cost you £120.00 if you were to lose, which by the sounds of it you won't. The main point here is that as far as I can tell not one bank has succesfully defended a case, or for that matter bothered to defend one, so go for it.

 

Regards bish.

 

cheers bish. actually my claim is for just under £5000 but the 8% interest at court stage takes it over £5000. So my fees were £250!!!!! Does this mean mine could be fast tracked? I was led to believe they look at what i am actually claiming £4850 and this keeps it in the small claims court?

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Karnevil is right, I also believe that it is at the Judges discretion, if your claim is over £5000.00, they can still allocate it to the normal track. As also said the court costs to file your claim increase as the amount of the claim increases, not sure why claiming £5000.00 costs more than claiming £50.00, but then still not sure why it costs £35.00 to bounce a DD. You don't think the courts are jumping on the band waggon do you ?. Good luck with your claim and as I said before, in the unlikely event you lose, £250.00 is small compared to what they have already taken so worth the gamble when the odds are stacked in your favour for once.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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It was a preliminary hearing but people need to be aware that every now and again they will be required to turn up in court and represent themselves a little bit - scary stuff !!!!!

 

Kenny

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after reading what manalo has gone through i cant help but feel this is again another delay tactic which starts from the first letters you send. feel that the prelim court attendance is a bullying tactic to make people scared and feel out of their depth and think "stuff that" going any furthur. am i right in saying the judges in small claims courts are lay persons aswell which could be why they requested such evidence due to lack of insight. i attend court regulary for medical hearings etc and giving evidence and have known judges being used from crown court etc to attend potential complicated hearings in lesser courts. basic fact is that the banks have to prove their charges are fair and cost effective to them which they are not basically. the potential can of worms being opened to prove this will have severe consequences to the banks. well done manalo you have done so well, keep going.

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hi - I think we are within a day or so of each other - I replied on Friday to Piper's about the breakdown of charges. My claim was filed on the 6th, and I had the letter from Piper's Friday morning.

 

I'll check in with your thread to see how you go!

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Arrrrrrrrrrrgh!!!!

 

Tomorrow 19th July would've been time up. 14 days since since They received my claim from MoneyClaim. But the b*stards have anknowledged it! Now i gotta wait till 1st August.

 

I'm getting sooooooooooooooooooooo bored of their delying tactics!!!

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Still no communication or defense from Abbey. One week to go... i'm soooooo hoping they just don't bother and i can go for a judgement. However i suspect they will enter a defense at the last minute.

 

How long does the whole Allocation Questionaire take on average? Or is that a similar question to 'How long is a piece of string?'

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LL I think its better if they defend so you dont have to go through set aside hearing sand the like.....

 

Aq's will come with the courts copy of abbeys defence, your 50% offer will come with abbeys copy of the defence. You have two weeks to file your AQ and thats the time for negotiating - after that is 100% or court.....

 

timescales for once you have submitted your AQ is how long is a piece of string - depends what new fangled scheme abbey come up with to stall your claim.

 

Clear as mud ! :-)

 

So... if they do not defend and i apply for a judgement... what is the set aside all about? I have read a couple of threads about it here but am a little confused. As surely if they do not submit a defense in time that's it! They have lost!?

 

My claim, at a lot of money, will incur a higher fee for an AQ will it not?

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LMAO - me too ! 3 claims with abbey - 2 at AQ sent stage - 1 in the wings....

 

nah - none settled yet (except £88 from capital one after 1 letter so that doesnt really count )

 

but hey ! I'm positive :-) (ish ;-) )

 

well good luck... i have to say i'm getting very tired of waiting. i made the mistake back in may of dreaming about using the money for a holiday this summer. now it looks like it'll be more like a winter holiday... sigh!

 

i mean how crap is it to have to wait another 28 days if i win by default and they ask for a set aside? very very crap with an extra dollop of crap!

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Hello LL,

 

I know what you mean about their delaying tactics, it is infuriating :mad: However, I think that it's down to Abbey's spitefulness because they know they're going to have to cough up in the long run so this is their only means of getting back at you by making you wait. Pathetic, really :rolleyes:

 

Keep the faith darlin' you'll get there in the end:)

 

Janey

Do you have a website? Add the following code to add a link to The Consumer Action Group:

 

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Reclaim your rights as a consumer and reclaim your unfair bank charges! Free site with letter templates and helpful forum.

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LL - read comics thread :D.

 

I personally think rather than leaping on the default button you be best to contact the solicitors and ask them if they are filing the defence, pressing default button with abbey seems to prolong things.

 

But.. I expect your defence will come through any day now :-)

 

Well... MoneyClaim said they deemed Abbey to have been served on the 5th July. They acknowledged on the 10th... so if i'm right they have 28 days from the 5th July which takes them till tomorrow, 1st August 2006. So presumably i have to wait till the end of the day tomorrow?

 

Assuming that i get nothing in the post on the 1st August their time is up?

 

So, do you think i should contact the solicitors today? (31st July) Should i send them an email? Letter? I assume going for a default judgement is delayed as Abbey try for a set aside?

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