Estellabianca V Abbey

[charleyfarley]

Hi Estella,

 

Once your claim is underway the only way you can amend it costs you 35 quid which isn't claimable, so it's swings and roundabouts.

 

You've got a couple of options as I see it. Either this latest charge is the start of your next claim against Abbey or you could do what James33 did here (Post 30 I think)

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61429-james33-taking-abbey-2.html

 

and to be honest if you don't ask then you don't get.

[Mad Nick]

Hi, in theory you could amend your claim but it'll cost £35 which you can't reclaim so that would be daft. All you can do is to include the extra charge when they want to negotiate settlement. But I expect they'll just say no, sue us (which you could do via a 2nd action). And apart from avoiding charges (which isn't very helpful advice, I know), there's nothing to stop them adding more if you exceed your limit. Sorry. Regards, Mad Nick

[bp]

Hi, its a long shot but you could try writing to them requesting they cease, charging you as your acc is in dispute and since the dispute is about charges, they should stop doing it. I finally said that to my bank and they have put everything on hold including freezing the interest so all i have to do is repay my overdraft on a monthly basis.

[Estellabianca]

Hi all I did what you adviced me to do: wrote a letter to Abbey explaining everything but they still applied the new charge on my account last week:mad: .

Other thing I've been waiting for 3 weeks now for a court date:evil: Does it normaly take that long?:-?

I've had no answer from Abbey regarding my money, haven't received anything from them, no refund cheque:mad:. I'm starting to beleive that I will never see my money again:eek: .

[mariejader]

Other thing I've been waiting for 3 weeks now for a court date Does it normaly take that long?

 

It can do if your concerned then give the courts a call and ask what's happening with your claim.

 

I've had no answer from Abbey regarding my money, haven't received anything from them, no refund cheque I'm starting to beleive that I will never see my money again .

 

I had the 50% offer also at the defence stage the same as you, I have not had any money into my account either so again it's normal, to be honest I would prefer to wait for the lump sum, also don't forget you like me did send a letter rejecting it at this stage.

 

Can I ask do you know if Abbey has filed the AQ with the court?

 

And have you received a copy?

[Estellabianca]

I have no idea. I haven't received any copies of Abbey 's AQ, nothing at all:eek: . What does this mean?

[AppleCrumble]

I have no idea. I haven't received any copies of Abbey 's AQ, nothing at all:eek: . What does this mean?

 

You received a copy of their defence earlier (with their 50% offer) so they (Abbey) have obviously got your case on the go ok.

 

I don't think there is anything much for you to worry about, the court will see to the deadlines now.

 

Abbey can't get away with messing the court around too much (they do try: they may be late with things, as many banks seem to be, but there does seem to be an increasing trend in many forums that the Courts are seeing through this practice and stopping them abusing the court process).

 

If you are really worried, give the court where you submitted your N1 a call. The numbers on the forms. The staff are happy to tell you what has happened.

 

BUT I think it is important that you remember that you are ging through a legal process and taking someone to the Small Claims Court. OK, in this instance it is a Bank, and is a process that both us (the claimants) and them (the Banks) are doing a number of times. So we have all our replies etc pretty much ready at each stage.

 

The Court, however, has to treat EVERY SINGLE case in the court process the same, and so each step can take time. You have to allow a couple of weeks, at least, for each stage. This is required in the law to give both the Claimant and the Defendant time to prepare their cases at each stage - and to give time for protential resolution.

 

Abbey will take their time, they always do as they hope the Claimant's will get cold feet and they will settle for a smaller amount. BUT don't worry, hold out and you will get there! - everyone has so far ...

[mariejader]

I haven't received any copies of Abbey 's AQ, nothing at all . What does this mean?

 

The reason I asked was I have not received Abbey's AQ either, I was just trying to work out if this is standard practice, I have had a few reply's on my topic where people have and some have not

[bp]

Hi i wouldn't worry too much about it as said before they def know of your claims. personally, i would send whoever is named as the their solicitor an email asking why good practice has not been followed and could they send you a copy of their AQ.

[Mad Nick]

Hi, I second bp - don't worry about it. Abbey don't always copy their AQ to the claimant, and even when they do it's usually just a bit of a giggle. In my case, they ticked the "we're going to submit an expert's report". Guess what ? They submitted diddly-squat. Regards, Mad Nick

[Estellabianca]

Hi all, it's been a month now since I sent my AQ. I haven't received any letters yet, nothing from Abbey and nothing from the court. I've used the new strategie for AQ and I haven't got a court date even after more than a month .All I know is that the court 's got my AQ. What do I have to do next?? I'm getting tired of waiting:mad:

[mariejader]

Give the court a ring tomorrow and ask them what's happening with your case

[Estellabianca]

ok I will thanks. Does it normaly take that long to get a court date??? my local county court is the Uxbridge Middx one.

[mariejader]

It depends on the court, it does seem to be taking 3-4 weeks but there are other cases where it's longer.

 

Let us know how you get on please

[Estellabianca]

Hi all, I phoned the court yesterday. I was told it's going to take between 5 to 10 days for the judge to decide of directions. The lady told me that Abbey sent them their allocation questionnaire in time. I didn't get a copy of it. That's it really. Does this mean I 'm going to court shortly???

[charleyfarley]

Hi Estelle,

 

Does this mean I 'm going to court shortly???

 

let me think about this for a minute......................................no, the abbey don't go to court. It means that soon you'll be told which court, when, what to do prior to the date, what documents to prepare. And then you'll do all this and Abbey will settle beforehand.

 

 

 

Unless you get mariejader's or kia's Judge and he throws their defence out completely

[Estellabianca]

hi all just to let you know good news I finally have a court date mid-june.

[charleyfarley]

Estell,

 

mid -June is fantastic, much sooner than mine.......court bundle time..............and then large cheque time soon after:)

[Estellabianca]

hi there. What do you think: should I really prepare all the court bundle papers for june or should I just leave it and expect a cheque from Abbey before the court date??:?

[adw]

You should start to read up on the court bundle and preparing it. Don't leave it till the last minute - better to take your time and understand it all just in case you do end up in court.

[Estellabianca]

Hello everyone, I've just received a second offer from Abbey just days before the court date. The offer is of £1700 ( the first offer was £1000) and it is in full and final settlement of my claim. The letter is from Inga Kirkman. It's written that this offer is an attempt to reach an amicale resolution of my claim without recourse to a FULLY CONTESTED court hearing.

What do you think should I accept it? Abbey ows me around £2500 in total interest included.

or should I wait for the full refund? What's your advice? Will I ever see the full amount or could this claim end up badly for me at the court?

[ICY]

depends at what level you are prepared to settle for, it is always better to go for the full amount though

[charleyfarley]

Estelle

 

 

Fully contested....................."bring it on" should be your answer.......they won't turn up but will pay you in full.

 

Don't accept that offer................it's derisory:mad:

[Estellabianca]

Thank you for your advices:) . Have you got an email address for Inga Kirkman??? Is it ok to email her intead of sending a letter by recorded delivery?

[charleyfarley]

abbey e-mails are first name dot last name@ abbey.com, so it's

 

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