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Newbody Vs Abbey


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newbody,

 

I don't pretend to be an expert, but i've noticed two things that I would change.

 

In Section D (case management info) you just put the nett figure off your N1 or MCOL.

 

Also in Section H, I wouldn't put that bit in about being surprised they didn't couterclaim and you would have paid it.

 

I understand the bit about abuse of process and can see where you're coming from and also the bit about being a test case.

 

The only comment I would make here, and it's nothing more than an opinion, is that lots of areas are doing away with the AQ altogether to speed things up and you seem to be telling the Judge his job. I tried to keep mine relatively simple, but it's entirely up to you

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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thanks for your views charleyfarley it is why i posted it on here to get others opinions and then make a decision from there as unfortunatley the judge on this claim has issued AQ's on n150 to be filed by the 30th of april

 

Section D i wasnt sure of the figure to put in there so thanks for that

 

the counterclaim bit was put in as it was in the template library and as abbey in their defence have said i cant expect to pay nothing then i was looking at this as away of saying well they should have made a claim for true costs and not expect to just be refunded the difference in the amount they have charged to what they should have. make them prove a case justifying why they should now be paid £X now when in the first place they overcharged knowingly

 

as for telling the judge his job i can see how it comes off that way by quoting the relevant CPR acts but i didnt want any misunderstanding to which parts i am refering as within this AQ i am trying to get abbeys defence thrown out as if they had failed to file a defence (hence my response to Abbeys defense trying to point the judge into seeing it as i wish them to )and get an award of judgement from there

 

To be honest i doubt it will work but felt it is worth a try as nothing ventured nothing gained and all that

 

But again thanks for your views and i will take them on board alongside any that anyone else posts before i edit/submit this

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

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Mad Nick's considered opinion is that the Unfair Terms and Conditions legislation is black and white. If it's not a genuine pre-estimate then it's nothing which makes their argument totally invalid. I don't know enough to comment so I'm only passing on his opinion

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Mad Nick's considered opinion is that the Unfair Terms and Conditions legislation is black and white. If it's not a genuine pre-estimate then it's nothing which makes their argument totally invalid. I don't know enough to comment so I'm only passing on his opinion

Hi, it's because UTCCR defines an "unfair" term and says that "unfair" terms are "not binding" - ie they cannot be enforced in law. The terms covering default charges are "unfair" because the charges are disproportionate and the terms were negotiated (and subsequently amended) unilaterally by the Banks. But, regardless of UTCCR, common law about LDs is that LDs are either enforceable (as a genuine pre-estimate of loss) or they're not - no subsequent negotiation of a "fair" charge (unless of course you wanted to, which you don't. LOL). Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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Newbody, great thread, watching with interest. Am pursuing cap one for contractual interest (compounded), have issued court papers - they have made an offer of charges, 8%, all purchase interest paid on account and court fee, that leaves my claim about £1,000 short, about to send letter 'thanks but no thanks'.

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Update Nothing really to report nice letter from Moorcroft debt collection agencey saying that abbey have a nice dedicated complaints team if i would like to contact Abbey in regards the amount i owe on my overdraft that they have passed to this DCA after court proccedings were issued how nice of them i think i will contact abbey NOT

 

Well AQ now printed off with my response to defense and asking judge to boot abbeys defence out will post in the morning as has to be there by monday 30th april heard nowt from abbey so next step ring courts monday to confirm reciept of my AQ and re-ring Tuesday to see if they got abbey's

if not then ask for summary judgement again lol

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

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  • 2 weeks later...

I made a complaint to the abbey that they had claimed that i had insufficient funds in my account of which was not correct. what theyv'e done is repaid a total of £175 for that period of which i can find no charges for. so that's 5 x £35. So what percentage alone have they returned that?. If they claim to attend court to contest paying CI have they not already done it to the extreme with that one payment alone. It would be useful to know your opinion. But i have gone over the statements over and over again and on that day there are def NOT 5 charges. Only 1 and that was incorrect???????

 

even though i had a estimated amount of CI it was requested from the initial claim (after an amendment). I only had one charge for that day and that was a mistake on their part. So......... if their argument is that they do not award CI then would the £175 paid on that day argue that fact that it was not returned at 8%SI...... do u understand what i'm getting at.......

plus they've gone back on the bundle fee cost by reducing it by £100, not refunding S.A.R - (Subject Access Request) or showing breakdown of daily charge. I have in front of me a breakdown of charges, interest (at 8%) and refunds....... and thst's it. Nothing more mentioned ecept the court bundle revised bundle..... what, if anything can i do about that. there's no mention of null & void anywhere in these letters. Do i have a case to argue?

 

The bank also missed x 1 charge and had to amend the amount today.

So £175 what interest rate is that? Technically if this is correct they have paid partial CI................ am i going mad or is this right?

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  • 2 weeks later...

ok update rcieved 2 letters today one from abbey in regards my second sar your statements for last 6 years will be with you shortly seems they dont read them as was requesting for pre 6 years So will re check my next steps on this later and chase that up

 

Also letter from courts my local district judge has transferred my case to southend for allocation with similar cases in the essex area

 

On tuesday 1st MAy 2007

 

District Judge S.R.Mitchell sitting at Falkland house 25 southway colchester essex considered papers in this case and

ordered that

 

1) transfer to southend county couryt and refer to District Judge R.D.Dudley for allocation and case management with similar proceeding in Essex.

 

2) Because this order has been made by the COurt without considering representations from the parties the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with the appropriate fee) to arrive within seven days of service of this order.

 

 

My question for clarification on this order means my case is now at southend county court and not my local court of colchester

 

If so i'm now in GlennUk's territory Hi:-)

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

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Link for abbeys terms and conditions this is a web archive click on the month under year you want and navigate to the relevant section Internet Archive Wayback Machine

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

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  • 5 weeks later...

Hi, stupid question here if you dont mind:

 

From a court fees point of view, is this claim for £4400 plus interest and costs or is it for £11000 plus costs?

 

I have a similar claim about to start for £23k and not sure what bracket the fee would be in as I am going to use the "in the alternative" request for interest at varying levels according to what the judge see's fit.

 

By the way, particulars are fantastic in this thread.

 

Cheers,

 

1970.

It's going to be an interesting year...

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i looked at the claim being for 11,000 as that is what i believe i am entitled to for various reasons but i was lucky in regards the costs side as i got remission on fees

 

personally i would try for the lower fee where poss and take it from there

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

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  • 3 weeks later...

ok not posted for abit update time

 

had a letter from southend court after being transferred there granting a stay for 1 month until the 28th june 07

 

after the stay now recieved a general form of judgement or order

 

 

Before District Judge ****** sitting at southend county court at tylers house tylers avenue southend on sea essex

 

Upon the courts own initiative

 

Take Notice that the allocation and case management Conference

will take place on 17th JUly 2007 at 12:30 pm

 

at southend county court tylers house tylers avenue southend on sea essex

 

to be heard before District Judge ******

 

When you should attend

 

PLEASE NOTE : This case may be released to another Judge possibly at

a different court.

 

 

So it looks like i have a directions meeting and have to swot up on arguments now for the CI element of claim why i wish for Fast Track and why i am indeed entitled to my money

 

But hey ho be a day out by a different CoastLine lol

 

 

Any pointers or new arguments to try or points that i should need to cover welcome

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

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Shameless bump:oops:

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

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Hi there

 

Sorry have been away hence not responding sooner.

 

Re CI, well the judge is unlikley to say go for it, in fact he said quite the contrary when i met him before.

 

However, now i have amended my POC to tackle the issue for a different view point ie utccr and account of profits.

 

somehting else that scuppered me last time was that abbey made an offer about five mins before we went in and i made some mistakes. If they have not made you an offer they will probably try this tomorrow.

 

Id stress you must say that you avoid any discussions if possible and if you cant then you stress that they are on a without prejudice basis.

 

Ill go look on the other thread you linked me to.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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link to sale of goods act

Supply of Goods and Services Act 1982

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

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hi one and all finally home at last gotta love the train system

 

heres how allocation/case management went

 

in to see judge

judge abbeys position on Newbodys case

slightly different we would like the CI 28.7% element thrown out now as Newbody has applied for it under Mutuality and Recipitory/ Fairness and Balance etc

Judge asked my opinion tried to use utccr as argument no Go

Judge explained as it is not in contract you have not a leg to stand on under this Argument

Point to abbey

 

Asked abbey in regards Settlement You guessed no schedule charges

Showed judge 4 copies that have been passed onto abbey from myself to abbey

and he also pointed out he also has 2 copies of it himself

Point me

 

On compound interest instead of Simple interest on sec 69 8% argue it out at trial if it comes to that

 

Draw

 

final result

 

Abbey told to settle in 28 days or we off to trial

 

My thoughts the Judge is a nice chap on our side I believe but think he is fed up hearing the same thing time and time again and just wants to see a test case bought to end it all

 

So here's to the 28 days and hopefully settlement for us all if not see some of you again in 28 days time

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

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Well thats okj, as I said in the other thread, take a look at the unfair enrichments and fiduciary thread lol

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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