Steward vs Abbey....Help please!!

[colinsteward]

Hi This site has been an inspiration for me and I want to shout its address from the roof tops!!! My DPA letter goes in the post today.

The only niggle in the back of my head is that when I have complained to Abbey in the past about their unreasonable charges (BTW the worst a £30 charge for a 79p itunes debit!) they have offered me a token refund in full and final payment which in my ignorance I have accepted.

Would this have any bearing on my claim??

Thanks again

colin:D

[jannercobbler]

Previous refunds have no bearing on it at all.

 

Just follow the route mentioned in the FAQ's and stick to the timelines mentioned.

[Andy999]

Obviously you cannot claim back what's already been refunded though, so remember to take these amounts off your total claim if you haven't already.

[colinsteward]

Thanks for the prompt advice guys. cheers

[colinsteward]

Sent request for statements, got back the standard microfiche argument!!

 

Prompted me to have a search around in the loft and have managed to find five years worth of statements bar a couple of odd months... so first request for return of charges going in the post tomorrow!!!

[colinsteward]

Hi all my claims progressing as per most threads I've been reading against abbeyt. just sending back the trnsfer of proceedings. My question is can the ammount of claim be amended at this late stage to take into account further charges? I've just been hit for another £80 for going £20 over my limit for 1 day!!! or do I have to make a fresh claim at a later date?? Also anybody have any idea of timescales from this point in the proceedings??

Thanks

[colinsteward]

Hi Can anyone help please? I've filled out and sent my allocation questionnaire and received a copy of abbeys with an offer to give me half of my claim which I am refusing.

I had assumed the next stage of the proceedings would be to receive a date for the hearing from the court when I received the following this morning:

>>>>

Before District Judge Singleton sitting at Gloucester........GL1 2DE

Upon Both parties filling allocation questionaries.

 

IT IS ORDERED THAT

The claim be stayed on the grounds that the claiment's statement of case discloses inadequate particulars of claim. Unless by 4.00pm on 13th December 2006 the claimant files and servers a further statement of the case that sets out the full particulars of the claim, the claim will stand struck out.

 

No details have been given as to how the charges figure is arrived at.

 

The claiment should also send a copy otf the further statement to the defendant or their representatives and confirm to the court that this has been done.

 

ends.>>>>

 

is the court just asking for my schedule of claim for charges?? The original clim was filedusing moneyclaim online before being passed on to Glos court when abbey filed a defence. Searched through the site but cant find anyone thats had similar... What should i do now??

[Michael Browne]

It nothibng to worry about, but you must take the court order seriously. You need to submit fuller POC's

here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=681

and also expand on the statutes cited

 

and include a schedule if you haven't sent one since filing.

 

See here:

 

http://www.consumeractiongroup.co.uk/forum/general/48799-anyone-else-had-their.html

[colinsteward]

Thanks Michael

 

Forgive my Ignorance!! no court experience at all!!

 

Do I fill out the N1 form with the same POC (from the template) I used when I filed the original claim online or will that just be repeating what the judge has already seen? No schedule has been sent as yet so I can send that with the form, although the interest will have increased from the original claim?

[Michael Browne]

Don't use the MCOL POC's use the N1 hard copy here:

4. Particulars of claim - N1 - hard copy version

 

and quote the specific clauses from paragraph 1(e) of Schedule 2 to the Unfair Terms in Consumer Contracts Regulations (Sch. 2(1)(e) UTCCR SI1999:2083 - from here:

http://www.consumeractiongroup.co.uk/forum/statutes-library/

 

I don't think you need the N1 form just head it Particulars of Claim and Case No. XXX and You v Abbey

 

Add this at the bottom:

Statement of Truth

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

 

The schedule should be the same as when you filed. Click on the time in your taskbar and reset the date to the date you filed. Open the s/s and it should then be correct. Reset date after.

 

Obviously enclose a covering letter.

[colinsteward]

Thanks for your help Michael.. makes sense to me now, cheers

[Michael Browne]

I don't think you need the N1 form

 

You should phone the court, just to check.

[colinsteward]

Ok I call Mon Thanx again

[Glenn UK]

Michale is spot on,

 

I would recommend that you post your proposed

particulars online so they can be commented on before you submit them.

 

It would be a pain to do some work then still get struck out so a help can be given to make sure that doesn't happen.

 

HTH

 

Glenn

[bish]

Would agree with Michael and Glenn, need to get it right for the court so they do not throw it out.

 

Regards bish.

[colinsteward]

Hi

I contacted the court and I dont need the N1 form thanx.

Below is my covering letter and further statement. If you could check it out for me I would be much obliged. Should I put the case No on all documents do you think?

_____________________________

The Court Manager

GLOUCESTER County Court

Kimbrose Way

Gloucester

GL1 2DE

 

 

30th Novemeber 2006

 

 

Dear Sir/Madam,

 

CLAIM NUMBER: 6QZ72294

 

Further to the General Form of Judgment Order dated 23rd November 2006, please find enclosed a further statement of case setting out the full particulars of the claim and a schedule of charges.

 

I would also confirm a copy of this statement and the schedule of charges have been sent to the defendant Abbey National Plc.

 

Yours faithfully,

 

 

 

 

Colin G Steward

_____________________________________________________

ends

 

_____________________________________________________

IN THE GLOUCESTER COUNTY COURT

 

BETWEEN

 

COLIN STEWARD CLAIMANT

 

And

 

ABBEY NATIONAL PLC DEFENDANT

 

 

PARTICULARS OF CLAIM

 

 

1. The Claimant has an account 65437815 ("the Account") with the Defendant which was opened on or around October 2001.

 

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999) in particular schedule 2 (INDICATIVE AND NON-EXHAUSTIVE LIST OF TERMS WHICH MAY BE REGARDED AS UNFAIR), paragraph 1(e) “requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation”, the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £2033.00 and any interest charged thereon;

 

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

I believe that the contents of these particulars of claim are true and comprises of 3 pages.

 

 

Signed:

 

 

Date:

____________________________

 

ends

[Michael Browne]

Looks fine to me.

[colinsteward]

Help I'm not sure what I should do now!!??? It seems like I have to just sit and wait whilst I watch everyone else win their cases!!!

 

I've just had a judgement after submiting a further statement of case to gloucester court saying:

 

It is ordered that the action be stayed until 13 feb 2007 or until further Order on the basis that there is a possibility of a test case before a higher court within the next few months the result of which is likely to reduce the need and/or amount of litigation in these types of cases:the stay will also afford the parties an opportunity to try and settle the matter without a court hearing.

 

Liberty to apply to remove the stay

 

File to be referred back to the district judge by 14th Feb 2007.

 

This order was made on the District judges own initiative pursuant to CPR Part 23.8 If you object to the terms of the order you must make an application to the court to have it set aside, varied or stayed within 7 days of receiving it pursuant to CPR part 23.10

 

ends

 

_______________________________

 

Should I object to the terms of the order and have it set aside??? How do i go about it??

 

Any help would of course be much appreciated.

 

Thanks

[colinsteward]

(posted this in the Abbey forum yesterday before I found this forum)

Help I'm not sure what I should do now!!??? It seems like I have to just sit and wait whilst I watch everyone else win their cases!!!

 

I've just had a judgement after submiting a further statement of case to gloucester court saying:

 

It is ordered that the action be stayed until 13 feb 2007 or until further Order on the basis that there is a possibility of a test case before a higher court within the next few months the result of which is likely to reduce the need and/or amount of litigation in these types of cases:the stay will also afford the parties an opportunity to try and settle the matter without a court hearing.

 

Liberty to apply to remove the stay

 

File to be referred back to the district judge by 14th Feb 2007.

 

This order was made on the District judges own initiative pursuant to CPR Part 23.8 If you object to the terms of the order you must make an application to the court to have it set aside, varied or stayed within 7 days of receiving it pursuant to CPR part 23.10

 

ends

 

_________________________ ______

 

Should I object to the terms of the order and have it set aside??? How do i go about it??

 

Any help would of course be much appreciated.

 

Thanks

[livelylad]

Ok If you wish to remove the stay it will cost £35. This is not recoverable.

here is a link for a letter used by Mcuth. You need to amend the letter and send it to the Judge to ask for the removal of the stay.

 

http://www.consumeractiongroup.co.uk/forum/post-316857.html

[chica]

I would sit it out as its most likely to be settled out of court anyway.

[colinsteward]

Ok If you wish to remove the stay it will cost £35. This is not recoverable.

here is a link for a letter used by Mcuth. You need to amend the letter and send it to the Judge to ask for the removal of the stay.

 

http://www.consumeractiongroup.co.uk/forum/post-316857.html

 

Thanks livelylad. Starting to amend the letter. Can anyone point me in the direction of a list of abbey cases that I can use instead of the Lloyds ones??

[Michael Browne]

http://www.worcester-networks.com/lit%20settled.xls

 

otherwise see Litigation Forums

[colinsteward]

Re- application for removal of stay.

Ok...I have amended the letter from the templates library and have the updated list of completed cases. Thanks guys:)

 

Now.. How do i go about making the application? Do I need to use the N244 form as suggested? If so is there guidance for filling it out for a complete nonce like me??? Not sure which bits are applicable!

 

Also is the fee £35 (no mention of it on the form)??

[colinsteward]

How do i go about making the application for removal of stay?

 

Do I need to use the N244 form as suggested? If so is there guidance for filling it out for a complete nonce like me???

 

Not sure which bits are applicable!