just got court summons really worried

[Robot_roo]

Hello Everyone

I just got home and recieved a county court summons, claimant robinson way ltd

I have 14 days, im not sure what to do, around 4 years ago I had an overdraft with abbey and when i fell out of work they withdrew the overdraft, they said they had sent a letter 6 weeks prior to this saying they were going to do this, but i dont ever remeber receiving it. one day i checked my bank account and all of a sudden i was 1400 dr with no overdraft. This left me in a dire financial trouble as my single parent benefit got swallowed up with it. I spoke to one of them on the phone and they said I would have to start a new bank acount somewhere else, which i felt was harsh as I had been a good customer for many years.

do I have any line of defence? could i still try to go for the bank charges? which is almost as much as what I owe?

 

 

Roo

[rebel11]

Hi rob

 

I think the best thing to do is scan, post the document, removing all personal details inclusing reference numbers, try not to panic, it's a case of dealing with it.

 

As for the charges, it seems that you have suffered 'Hardship', the Lending Code says that the bank should treat you fairly.

 

http://www.itv.com/daybreak/money/martinlewissection/bankcharges/

 

Also did they put the interest rate up?

 

For the time being - information only:- http://www.consumerwiki.co.uk/index.php/DCA:_Using_CPR_31.14_to_Your_Advantage

[Robot_roo]

thanks for you speedy reply I really appreciate it, im really worried. I dont have a scanner but here is the particulars of the claim, its from northampton county court

 

"the claimant is the assignee of a debt(s) from abbey national plc. Notice of assignment was provided to the defendent by the claimant in writting.Despite demand for payment the assigned debt(s) remains due. the claimant complied with section III and IV and annex B of the PD pre-action conduct.

And the claimant claims:

current account account number xxxxx balance of 1,617.03 as of 13/5/07. Interest under s69 of the county court act 1984 at the rate of 8% a year from the default date(s) to

8/11/11 of 581.24 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.35 and costs. "

[rebel11]

Were you sent a letter of assignment? Do you know when it was assigned? I wonder whether it should read Santander and not Abbey National.

[Robot_roo]

does that mean when the debt collectors took over the debt? if yes then yes I think so, I have been burying my head in the sand for ages over this one. I have been generally recieving letters from them for ages, probably a couple of years. Guess I was just hoping it would go away

[Robot_roo]

Is there any law that abbey may have broke due to them taking my benefit money and leaving me with no money to live on?

Which at the time caused severe hardship.

 

I would really like to fight abbey over the way they treated me, is it possible to make my defence around this?

Or should i go for the bank charges?

I really dont know what to do, when should I fill in the court form? I have 14 days

Or should I just roll over and give in?

Edited November 11, 2011 by Robot_roo
changed post info

[Robot_roo]

anyone that could help please ?

[rebel11]

There isn't a law as such. But there is a Lending code that Santander signed up too.

 

http://www.lendingstandardsboard.org.uk/docs/lendingcode.pdf

 

Have you got evidence of your Hardship, benefits etc.?

 

Is there any law that abbey may have broke due to them taking my benefit money and leaving me with no money to live on?

Which at the time caused severe hardship.

 

I would really like to fight abbey over the way they treated me, is it possible to make my defence around this?

Or should i go for the bank charges?

I really dont know what to do, when should I fill in the court form? I have 14 days

Or should I just roll over and give in?

[Robot_roo]

hi thanks for your reply

I have got bank statements from that time, would they help?

[rebel11]

Do the statements show your benefits going in?

 

hi thanks for your reply

I have got bank statements from that time, would they help?

[Robot_roo]

just read the pdf file they never helped me in anyway and I was struggling with things bouncing like mad!! Is this document relevent to a few years ago as it says 2011?

[Robot_roo]

hi thanks for your reply

I have got bank statements from that time, would they help?

 

yes I think they do going to search the house like mad to find them!!!

[rebel11]

Just Google the relevant year, Lending Code, should throw up the relevant document.

 

just read the pdf file they never helped me in anyway and I was struggling with things bouncing like mad!! Is this document relevent to a few years ago as it says 2011?

[Robot_roo]

yes the bank statements show my benefits going in

[Robot_roo]

just checked my statements i was incurring charges all over the place up until the 3rd november 2006, then all of a sudden my overdraft was taken away and I was 1500 in debt

[rebel11]

You've still got some time, lets get somemore input.

[Robot_roo]

just found this link but cant work out if abbey was subscribed to this ?

 

http://www.bankingcode.org.uk/pdfdocs/2005codelit/Banking%20Code%20Guidance%20March%202005%20FINAL.pdf

Edited November 14, 2011 by Robot_roo
forgot to add link!!!

[Robot_roo]

You've still got some time, lets get somemore input.

 

thankyou Rebel I really appreciate your help

[rebel11]

I'm fairly certain they were.

 

just found this link but cant work out if abbey was subscribed to this ?

 

http://www.bankingcode.org.uk/pdfdocs/2005codelit/Banking%20Code%20Guidance%20March%202005%20FINAL.pdf

[Robot_roo]

I'm going to try and defend my case on the basis of abbey breaking the code of conduct that they should have followed when dealing with my hardship, I'm going to start writting out my reply, any help or thoughts would be really appreciated

 

Roo

[caro]

If you draft a response and post it on here we'll see if we can help.

[Robot_roo]

This is my defence so far. Can I submit my defence online with the courts as I dont have very long left?

 

 

My defence

 

 

I believe that abbey national PLC mismanaged my account and did not follow the code of banking standards that they were subscribed to at the time of this debt. Abbey did not help me or offer to give assistance in anyway and removed my overdraft facility at a time that I was suffering with financial hardship which caused this debt to myself.

If they had followed the code of banking standards to which they were subscribed, this debt and the severe financial hardship that I suffered as a result of there behaviour towards my account would not have happened.

[AndyOrch]

Hi Robot Roo

 

Rebel as asked I pop in.I assume the claim is from Northampton CCBC and as such you have 33 days in total so don't panic yet.5 deemed served so 28 days (14 to acknowledge and a further 14 to submit a defence) assuming you are going to defend all.Claims from Northampton are done through MCOL so all can be done on line (including defence).

 

First thing is to total all unfair charges and interest and any default charges so we have a figure to play with.(assuming you have all statements) if not you will have to do a CPR 31.14 or CPR 18 request subject to how they have plead their particulars.

 

If you could type out their Particulars of Claim verbatim (less any identifiable) and a ball park fig claimed.

 

Regards

Andy

[Robot_roo]

hello and thankyou for your reply, sorry about the delay in my reply I have been working away from home for a couple of days with no internet access.The issue date is the 8th November,I do have my statements.

 

I dont have a scanner but here is the particulars of the claim, its from northampton county court

 

"the claimant is the assignee of a debt(s) from Abbey national plc. Notice of assignment was provided to the defendent by the claimant in writting.Despite demand for payment the assigned debt(s) remains due. the claimant complied with section III and IV and annex B of the PD pre-action conduct.

And the claimant claims:

current account account number xxxxx balance of 1,617.03 as of 13/5/07. interest under s69 of the county court act 1984 at the rate of 8% a year from the default date(s) to

8/11/11 of 581.24 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.35 and costs. "

Edited November 23, 2011 by Robot_roo
more info

[AndyOrch]

hello and thankyou for your reply, sorry about the delay in my reply I have been working away from home for a couple of days with no internet access.The issue date is the 8th November,I do have my statements. Can you calculate a figure of unfair charges?

 

I dont have a scanner but here is the particulars of the claim, its from northampton county court

 

"the claimant is the assignee of a debt(s) from Abbey national plc. Notice of assignment was provided to the defendent by the claimant in writting.Despite demand for payment the assigned debt(s) remains due. the claimant complied with section III and IV and annex B of the PD pre-action conduct.

And the claimant claims:

current account account number xxxxx balance of 1,617.03 as of 13/5/07. interest under s69 of the county court act 1984 at the rate of 8% a year from the default date(s) to

8/11/11 of 581.24 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.35 and costs. "

 

Ok the points in red are of significant importance and you need to request copies of these references via CPR

NoA (Notice of Assignment)

Demands for payments (statements / Arrears Notices / Recall Notice)

section III and IV and annex B of the PD pre-action conduct. (LBAs)

current account account number xxxxx ( copy of any Overdraft Agreement Not CCA)

Regards

Andy