The Y's V Abbey - Claim submitted ** WON **

[jany40]

Hi Jany40

 

Glad to be of assistance. My claim is progressing very quickly now, I am confident that things will be settled on Monday.

 

Regards bish.

 

Hi Bish

 

Best of luck for Monday! Let us know how you get on.

 

Jan

[jany40]

Well, Abbey have had my LBA for 7 days now, but feeling a wee bit doubtful this morning about any GOGW coming my way. I have heard nothing from them, don't know if thats good or bad! For some reason I thought they just 'might' give me a GOGW as my claim is only for £782 ( I say only, but it's a lot to me), but it's looking doubtful they will. So far then it's MCOL next Tuesday 5th Dec.

Feeling a little bit down hearted about it all today, is it normal to have doubts now ?

Jan

[jany40]

Completely normal to have doubts, and to feel like you are the one they will pick on to take it all the way. I still do and I'm on my third Abbey claim

 

Keep an eye on your account in case they sneak a GOGW in.

 

But otherwise yes - court on the 5th (which is my birthday )

 

I would however recommend using the N1 form(link below) you can post it ot the court and include your schedule of charges with it.

 

 

Thanks for your reply. I am checking my account each day, just incase! I do feel a bit out of my depth here, but trying my best! I thought that MCOL was a better option if it went to court, would you say that dealing direct with the court not going through MCOL is better then? I would rather go down the easiest route if possible!

 

I appreciate your help.

Jan

 

 

 

 

Abbey £782 refund requested.

S.A.R - (Subject Access Request) - Data protection letter 19/9/06

Microfiche response letter 28/9/06

Recieved microfiche 20/10/06

Prelim letter 7/11/06

Bog off from Abbey letter 15/11/06

LBA - 21/11/06

[midge61]

Hi

I did my claim against LLoyds using the N1 form and taking it into the court as it is nearby. This form allows you to get the POC right especially as they check it in front of you and tell you if you need to change anything and you can do it there and then. Also you can give in your schedule of charges at the same time. This means that the bank can't delay by saying the POC are too vague or complaining that you have not listed how you came to the amount claimed. The clerk also tells you when it will be served ( mine was sent that day). I found it really useful to go to the court as they really are very helpful.

 

Hope this helps

[bish]

Hi Jany40,

 

Agree with Karn and midge, N1 form much more flexible and roomy especialy if your claim is large with a big schedule of charges. Sure MCOL will improve with time and for small claims it is ok.

 

Regards bish.

[jany40]

Thanks everyone for your advice!

My claim is for £782 plus interest which brings it to just under £1000. Would that be classed as a small claim?

 

Can anyone point me towards a forum for discussing going to court or MCOL please.....I feel totally out of my depth here with mere mention of court, and this is worrying me. I want to make sure I add the correct details to the right documents, and just anyone to discuss this with would be great!

 

I know I am a pain, but a pain who wants to do it right and one who wants to stop stressing herself!

 

Cheers

 

Jan

[jany40]

Can anyone please give me some advice about going to court. LBA 14 days is up on Tuesday and could really do with some advice. Court scares the pants off me to be honest.

One question I have is if I use MCOL am I correct in thinking I cannot attach the schedule of charges to it, or list of interest? Don't quite understand that bit! I have searched the site for a forum to get help with court, but for the life of me cant find it.

And as my claim is for £782 + interest am I better is doing MCOL or County Court.

 

Also reading the forum, I note loads of people have had a GOGW by this stage off Abbey, but I have not heard a peep from Abbey, letter or GOGW. Is this a new trend I wondered?

 

Sorry for all the questions, its just my heads in a muddle at the mo!

Any help would be great!

cheers:)

 

Abbey £782 refund requested.

S.A.R - (Subject Access Request) - Data protection letter 19/9/06

Microfiche response letter 28/9/06

Recieved microfiche 20/10/06

Prelim letter 7/11/06

Bog off from Abbey letter 15/11/06

LBA - 21/11/06

Getting Ready to start ball rolling for court 5/12/06

[TUTTSI]

Hi Jany

Good Luck with you MCOL....

Let us know what happens next.

ds

[philread1]

Hello Jany

 

When you have completed the Money Claim Online, you send your schedule of charges, including the section 69 interest(8%), to them at Northampton County Court (This is where MCOL is based, I think). The address is on the top of your MCOL form you will have completed, just send it there with a forwarding letter asking them to put it on your case file. Make sure you put your name, address & case number on any correspodence with them. You can use MCOL or your local county court, it does'nt matter, its down to personal preference.

 

Don't worry about any GOGW. If you receive one, you can accept it as part payment, take it off your total amount you are claiming and let them know you are carrying on regardless for the outstanding amount!!!!!!!!

 

Keep at 'em!!!!

Phil:)

[bish]

Hi Jany40,

 

Do not panic, Court to abbey is like garlic to a vampire. To date as far as I am aware no bank has even bothered to defend a case in court. Including abbey, you just need to be prepared. If you use MCOL as already explained you can send the schedule of charges by post, it is just that MCOL is a bit limiting as to what you can put on line. Using the N1 in the court you can add everything to the claim including the schedule of charges, which may be more apealing if you have a long list of charges.HTH.

 

Regards bish.

[jany40]

Thanks guys for the support - again!

 

Had a letter off Abbey today

 

Dear XXXX

 

Thank you for your letter dated 21 November. I am sorry that you feel very disapointed with my responce to your letter of 7 November.

 

My letter of 15 November was my final decision. I am sorry that you find it necessary to pursue legal action, but I am not in a position to cancel anymore charges. the charges on your account were correct and in line with its terms and conditions.

I should remind you that you are entitled to take the matter to the financial ombudsman service. If you choose to do this, you should contact them within 6 months of this letter

 

Yours sincerley

 

So, first and foremost they say they 'are not in a position to cancel anymore charges', but, I have not asked for that, i asked for a refund of charges, so if they think they are delaying things by expecting me to reply with ' but I did not ask for that, you now have another 14 days to refund my charges' they are very much mistaken. I am sticking to my guns, and it is 13 days today since LBA, and being as they have responded with a 'final decision', I am now doing MCOL today.

This is just the nudge I needed, any doubts I had have gone since I read this!

 

Onwards and upwards, let battle commence!

Jan

 

Abbey £782 refund requested.

S.A.R - (Subject Access Request) - Data protection letter 19/9/06

Microfiche response letter 28/9/06

Recieved microfiche 20/10/06

Prelim letter 7/11/06

Bog off from Abbey letter 15/11/06

LBA - 21/11/06

No way, we no pay letter from Abbey 4/12/06

Getting Ready to start ball rolling for court 5/12/06

[jany40]

Well, papers have gone in to the court today, decided to do it through my local court instead of MOCOL. They were all very nice there, very helpful, she said papers would be served within 5 days. I just scraped in the £80 fee and under the £120 fee as it was a total of £988.32! I presume I will get a case number etc through the post now?

What happens next?

 

I have just heard off a friend and she has had a GOGW and not even got to the LBA stage yet! I keep feeling its only me its only me who has not, I know its not it just almost every thread has had a GOGW !!

 

Abbey £782 refund requested.

S.A.R - (Subject Access Request) - Data protection letter 19/9/06

Microfiche response letter 28/9/06

Recieved microfiche 20/10/06

Prelim letter 7/11/06

Bog off from Abbey letter 15/11/06

LBA - 21/11/06

No way, we no pay letter from Abbey 4/12/06

Papers gone to court 5/12/06

[TUTTSI]

Good Luck Jany - you are well on your way, it wont be long now.

regards

DS

[jany40]

Thanks DS and karne! Had notice of issue today, it is now deemed served today, 8/12, and they have till 22/12 to defend. So, its a waiting game now, and Christmas is slap bang in the middle of all this, so I suppose that will delay things too for everyone counting the days.Still its nice to take a breather for a while! I keep checking for a GOGW, but I think pigs will fly before I find one of those lol

Jan

 

Abbey £782 refund requested.

S.A.R - (Subject Access Request) - Data protection letter 19/9/06

Microfiche response letter 28/9/06

Recieved microfiche 20/10/06

Prelim letter 7/11/06

Bog off from Abbey letter 15/11/06

LBA - 21/11/06

No way, we no pay letter from Abbey 4/12/06

N1 claim submitted 5/12/06, deemed served 8/12

[blackmanfamily]

good luck

we too are trying to get our money back from abbey and cahoot

[jany40]

Well, 7 days have gone since N1 was deemed served. No sign of a GOGW, but then I have given up on that I think Time already seems to be standing still! Anti climax sort of feeling! I have a few questions for those of you who have passed this stage:

IF Abbey acknowledge or defend, do they reply direct to me or does it go via the court and then come to me?

On the 14th day, if I have had no contact, do I then ring the court to see whats happening? I am worried that they may acknowledge or defend within the 14 days, but that due to the Christmas post it gets delayed in the postal system somewhere. 22nd Dec is the 14th day, nightmare for the Royal Mail at this time of the year.

Also, the 22nd is a Friday ( the 14th day), so do I wait till the Monday to issue the request for Judgement, or do it Friday 22nd before the court closes for buisness?

Also, what would happen if say Abbey issued an acknowledgement/defence on the 14th day, but that due to the Christmas post it got delayed in the system...does the court have to recieve it WITHIN the 14 days, or is it that it has to be POSTED within the 14 days?

Sorry for so many questions, so much going round my head!

Thanks:)

Abbey £782 refund requested.

S.A.R - (Subject Access Request) - 19/9/06

Microfiche response letter 28/9/06

Recieved microfiche 20/10/06

Prelim letter 7/11/06

Bog off from Abbey letter 15/11/06

LBA - 21/11/06

No way, we no pay letter from Abbey 4/12/06

N1 claim submitted 5/12/06, deemed served 8/12

[jany40]

Abbey have acknowledged and can I ask some advice please, had a letter today off Abbey as follows:

 

Yourself v Abbey National PLC

Claim no xxxxxxxxx

 

We are in the process of reviewing this claim and preparing our response. A defence will be filled in due course.

In the meantime, we note you have claimed the sum of £988.32 in respect of charges that you say have been made on your account.

As you will appreciate, you will need to produce evidence in the court regarding these amounts and this information should have been supplied by you when you filed your claim. We should be grateful if you would provide such details as soon as possible.

It would also be helpful if you could provide e-mail and telephone contact details to us.

We look forward to hearing from you

Yours faithfully

 

 

 

So, I rang the court, they said Abbey was maybe trying to confuse me and baffle me ( am used to their tatics now!) and she checked and a copy of schedule including interest was sent when I filled claim.The court lady could not have been more helpful to me.

 

I also asked her if Christmas and new year holidays would interfer with the next 14 days deadline for a defence, she said no, that Xmas etc was included in the 14 days, so that gives them even LESS time now to file a defence!

 

Have decided to comply with their request and once again send another schedule of charges to them, have drafted this letter, can someone tell me if it's ok to send, mind you, they wont get this till they go back to work after the Xmas break anyway.

Would anyone know why they want to know my email and phone numbers by the way?

 

Dear Abbey National,

 

Myself - V - Abbey National PLC

Claim number: XXXXXXX

 

In response to your letter dated 18th December 2006, received 22nd December 2006, I enclose the following information that you requested in your letter.

 

You requested me to supply you with evidence regarding the amount I am claiming. A copy of the schedule of charges was sent to you on 7th November 2006. A further copy was sent to you on 21st November. And a schedule of charges including interest was sent when I issued my claim to the County Court on 5th December 2006. I am also attaching a copy for you now as you requested in your letter.

 

You also requested me to provide an e-mail address and telephone number for you.

My e-mail address is XXXXXXXXX. My home telephone number is XXXXXXXXX and mobile number XXXXXXXXXXX

 

Yours Faithfully

 

 

 

Mrs XXXXX

 

CC County Court

 

 

 

 

 

Abbey £782 refund requested.

S.A.R - (Subject Access Request) - 19/9/06

Microfiche response letter 28/9/06

Recieved microfiche 20/10/06

Prelim letter 7/11/06

Bog off from Abbey letter 15/11/06

LBA - 21/11/06

No way, we no pay letter from Abbey 4/12/06

N1 claim submitted 5/12/06, for £988.32, deemed served 8/12

Acknowledged 19th Dec 2006

[jany40]

*Bump*

 

Can someone check the letter out I have drafted please, just to let me know its ok to send, ta! And Merry Christmas to all you folks out there:)

[jany40]

yes that letter is fine. they are trying to worry you, you'd think by now they'd realise it doesnt work.

 

The probably want your email and telephone as its by these methods they negotiate settlement once a court date is pending. I would restrict this to email, which may be lengthier, but its better to have everything in writing.

 

 

Thanks Karn:)

[jany40]

Had Abbeys defence today. They have also offered me half of what I am claiming, (not including court costs), but want me to accept it as full and final settlement, which i am not prepared to do. No money has been paid into my account, so I am going to reject their 'kind' offer.

 

Any ideas what I can write back in reply?

 

Thanks in advance.

[susan1972]

Hi Jany,

 

Not the response you were looking for, is it!? They are trying their utmost to delay things by the sounds of it and hoping that you will tire of it and give up. BUT DON'T! You'll get there in the end.

 

I've come to a standstill since I can't afford the court fee to send the N1 claim off yet. Since they paid me the GOGW though I've noticed they have been reimbursing any further charges from my account. Which is nice!

 

Chin up and keep going. Take care.

 

Sue xxxx

[jany40]

Filled in and sent to Court my AQ, deadline tomorrow, 22nd Jan. Can anyone tell me what happens next please. Do Abbey have to fill it in by the deadline, by the way, I wondered what happens if they have not done it by 22nd Jan what happens then? I have been ok'ish' till now, but not sure what happens from now on. Is it worth ringing Court tomorrow to see if Abbey have sent in their AQ?

 

Thanks!

[TUTTSI]

Hi Jany

Im basically at the same position as you with Barclaycard and GM Card having sent back the AQ. Did you in fact send to both the courts and Abbey copies of your schedule of charges and quote your court claim ref on it as well as your name,account no of the account with Abbey, as I was looking through your threads and could not pick up that you had done this. Please forgive me if you have done it, just doting the i'sss and crossing the tssss.

In any event I do not think you should be panicking or worrying as none of the banks want to go to court, I think they will cough up just before the court date so they like hold on to the money as long as possible. I have read so many threads and in the end we win so it is just a matter of time.

Good Luck and keep us advised.

DS

[jany40]

Im basically at the same position as you with Barclaycard and GM Card having sent back the AQ. Did you in fact send to both the courts and Abbey copies of your schedule of charges and quote your court claim ref on it as well as your name,account no of the account with Abbey, as I was looking through your threads and could not pick up that you had done this. Please forgive me if you have done it, just doting the i'sss and crossing the tssss.

.

DS

 

Hi DS:)

 

Thanks for your reply. I don't mind you asking at all DS! Both Abbey and the Court have had copies of the schedule of charges, the last one sent when I filled my claim 5th December 06, (Abbey having had about 5 copies of it!!) I followed what to do from here, double checking everything about 5 times! I hope I have done this right, I don't want to start panicing now! Abbey did offer me 50% of my claim ( minus court costs) which would have been in full and final settlement, which I respectfully refused, and in any case, has not been put into my bank account.

The AQ was sent to court only, hope that was correct.

Am I correct now in thinking the next stage is waiting for a court date?

Best of luck with your claims DS.

Jan

[jany40]

Had a court date today, for the 5th March. The paperwork states A Notice of allocation to the small claims track (hearing), my question being is this THE court case that decides I get my money back or is it a pre hearing whatsit thing? I am at a loss! Have already begun to get my court bundle ready, my poor printer is shattered!

 

One further thing of interest is: Abbey wrote to me on 28th Dec offering me 50% in full and final, which I refused,stating I would only accept it as part payment and would continue to persue balance through the court (no money has appeared in my account though) and sent a copy of my reply to the court, but in the judges directions it states:

 

Defendant to notify court by 4pm on 7th Feb whether there is to be any application in relation to defendants letter of 28th dec which has been provided to the court by the claiment.

 

Am I right in thinking this is the judge asking them to reply if they are willing to settle in full as I requested in my letter to them? I am hopeful it is this and I may not have to go to court, and advice is welcome here!