Airbag v Abbey

[philread1]

I know what you mean!

 

Even with the overdraft interest, just explain it in simple terms that its interest that they have charged you on the unlawful charges that they have put on you! (bit of a tongue twister!)

 

If you know what I mean! I don't think they want you to break it down as you think, just an explanation of what its for. If they are that keen to see how its done, tell them you will show them how when you meet them in court:eek:

 

Hope this helps!

Phil:)

[KnellyK]

Hi Airbag

 

I think you're right about letting them have your email address but not phone number, as you say, a phone call puts you on the spot but you've also got proof of their contact with you in an email. I usually tell people that I'm in and out of office during the work day and my mobile belongs to work, so I'd rather not give that number out - they don't usually ask again!

KnellyK:)

[airbag]

Right! Now sent a recorded reply to Abbey in response to their letter with yet another copy of the schedule of charges.

 

They wanted to know how I had calculated the total claim amount, so I explained that schedule shows the breakdown of charges plus any overdraft interest on those charges.

 

I also stated that it now also includes the 8% statutory interest in accordance with Section 69 of the County Courts Act 1980.

 

They also said they didn't have the account number even though this is the 4th copy of the list of charges which shows it at the top. Sheesh!

 

I gave them my email address too but not my phone number.

 

Not much longer to wait now before they have to file a defence...

[mariejader]

my guess is they will file it on Monday and you will receive a copy on Thursday with a 50% offer if they have not done so already

[airbag]

Close but no banana Marie (and no 50% offer either)

I received a copy of the defence from Abbey yesterday (Wednesday).

 

I also got a letter (down at my england address) from the court also with a copy of their defence and the AQ (Allocation Questionairre) to fill out.

 

THEIR DEFENCE

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Just some stuff about their defence statement here...

 

They are defending the whole claim denying that the money was unlawfully debited. (it also says said their fees reflect and are proportionate to their administritive expenses inccurred.)

 

After this it says "Further or in the alternative, even if said fees are NOT proportionate to the Defendant's administritive expenses incurred (which is denied) , the Claimant remains liable to pay such fees as may be found to be proportionate and the Claimant is not entitled to claim repayment of the full amount of each charge made to the Account."

 

It's long winded but its basically saying that I can only get back part of the fees. Have they always said this in the past or is it new?

 

Just I heard on the grapevine somewhere that the OFT were soon to be issuing a ruling or something where they are stating what the bank's charges should be fixed at. (£12 was mentioned).

 

Maybe they are now going to court in the hope of only partial settlements to save themselves a few quid. Anyone up to speed on this?

 

I'm just hoping they settle in full out of court like they have done for others.

--------------------------------------------------------------------

 

So I best go find out how i go about filling this AQ form out then I suppose , and what happens next.. Is it an easy bit? hope so,,

 

Hints and tips (and thoughts) always welcomed

[ICY]

The banks would still have to prove that it does actually cost them £12 for each time your account goes overdrawn, so even if the OFT have ruled the £12 it still doesnt mean this is a fair and just amount, the same happened with credit cards with a suggested MAXIMUM fee of £12 however this hasnt stopped peoples claims, as the bank still wont show how much the true cost to them is

[charleyfarley]

Hi airbag,

 

Also the legislation is all or nothing, so Abbey's argument is spurious. So if the charges are a penalty then the whole lot is a penalty.

[airbag]

cheers guys.

 

Next step now taken...

----------------------

Well I got my AQ through, filled it out and will send to court tomorrow. I will also send a courtesy copy of it (and attachments) to Abbey.

 

I dealt with my AQ as per the new strategy as discussed here:

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html

 

I attached the Draft Order along with the section G information on a separate sheet as too big for the box.

 

In the actual section G box , I put :-

Please find the following attached to this allocation questionnaire:

1) Section G - other information

2) Draft order for directions.

This allocation questionnairre and its attachments were sent to the defendant on 4/4/2007.

 

This AQ method could be good to use with Abbey as it should speed up the process... They only have 14 days after you submit the stuff you have to in the Draft Order to submit theirs. (rather than wait until just b4 the court date)

 

Hopefully will speed up a full settlement.

[KnellyK]

Good Luck Airbag!

 

Hope you get the full settlement soon!

[airbag]

well the court have now got my AQ albeit by fax as the posted one didn't show up and my deadline was tomorrow.

 

Probably the post office and easter and all. grrr.

 

Oh well, I think the court bundle is next, sounds a big job. best start looking into it. I think I'm nearly there!

 

As usual, comments, thoughts, tips etc. welcomed.

[airbag]

well its been a long time since anything happened but today I got a letter from the court saying the judge has allocated to small claims track. (which it was always going to be.)

 

No mention of the court date yet though!

It just says we have to present copies of all documents to the court within 14 days of the court date to be set. Or words to that effect.

 

So does anyone know if this is normal and when I can expect to get a date?

 

I guess I should start preparing my paperwork.

[charleyfarley]

Hi ab,

 

Well at least you're making progress

 

Nice to see you back:)

[KnellyK]

Hi Airbag ~ I was wondering where your claim had got to! Good Luck with the next stage!

[airbag]

well today I FINALLY got my court date. It's taken ages this bit.

 

It's scheduled for August 17th.

 

I believe I have to prepare a 'court bundle' next, but I'm hoping I won't actually have to go to court.

 

Just hope that judge is better than that one in Hull and the Birmingham one and favours me.

[charleyfarley]

airbag....................

 

I reckon you are in line for the "most drawn out claim"...........it's taken ages for you.....

 

Let's hope it's the home straight now

 

PS Do your cb asap........abbey won't pay any attention until it's done, and even if they settle before the cb is due, they then niggle over costs. so get it done;)

 

so bang goes your weekend mate:)

[airbag]

it takes a whole weekend to do a CB ?! eek.

[airbag]

Just found out my case has been 'stayed' (suspended) until after the OFT test case. More months of waiting, maybe a year, who knows [sigh]

 

Bloody Rotherham court, they took ages to get the court date. (3 months).

 

And my sister started her similar claim with Abbey a month or so AFTER I did , and received a full settlement on 1st Aug, 2 weeks before her court date with no need for a court bundle.

 

Very annoying.

 

When did this test case thing start up?

[Lula]

dunno love, I found out about it on the Thursday or the Friday more or less out of the blue, damned annoying isnt it

[airbag]

I haven't yet done my court bundle (was hoping I wouldn't have to).

 

Do you think I should wait now Ive been stayed or just do it anyway?

 

Thinking about doing that letter about removal of stay, but costs £35. I think if I do that I will need my court bundle to go with it won't i ?

 

This is doing my head in now.

[airbag]

Been a long time since I was in here. Just checking in for updates.

 

A year and a half on and still no end in sight. I was so close to getting paid out too. I understand the FSA is appealing or something and another 6 months wait until something happens?

 

If anyone can sum up in a nutshell?

Hey ho. Maybe one day I'll get me money back

[KnellyK]

Hi Airbag!

 

Long time no see! There's a few links at the top of the page have a look there you might find some nutshells ~ juse keep hanging on with the rest of us!

 

KK:)

[airbag]

Well for last 2.5 years my claim has been stayed, and today I got letter from the court (after getting a letter from bank) saying that my case has been struck off.

 

Quite annoying. Esp. as my sister started her claim after me and got paid out.

 

I only have until 19th March to take action or appeal or something.

 

Does anyone know the best course of action? Is there any hope left?

Edited March 10, 2010 by airbag

[KnellyK]

Hi Again Airbag!

 

There is hope left, I'm about at the same place as you, stayed in court but I've had no news as yet so, based on your letter I really am going to phone the court tomorrow to find out what's happening. I think we need to amend the particulars of claim in some way. I see you've posted on the Abbey charges thread as well, hopefully someone else will be along to advise you.

 

Good Luck:)

[airbag]

Thanks Knelly, its been indeed a very long time and maybe a slither of hope remains. I'm hoping Bankfodder can help me out with the next steps to amend my case.

 

 

Here is the letter I got from Rotherham County Court.

Airbag v Abbey PLC

 

Dear Sir/Madam,

 

The courts file of papers in the above matter was referred to the district judge for his directions. The district judge commented as follows:

 

"In the above case which was stayed pending the outcome of the test case now determined by the supreme court, the defendants have written requesting the court strike out your claim as having no reasonable prospects of success. If such order is made the court will also make no order in respect of costs.

 

If you object to the stay being removed and your claim being struck out you should notify the court, with your reasons, by 4pm on 19th March 2010."

 

Yours faithfully,

Miss W.

Claims Section

Edited March 10, 2010 by airbag

[airbag]

Ok, I have now scanned in those docs (except new strike out order as that letter is still down at my Mums address in Rotherham, she is sending it up to me today)

 

I have Photoshop and think I can Save my scans (currently JPGs) as Photoshop PDF's but I don't know how to create a multipage PDF.

 

Have been looking into it, Googling etc but no joy.

 

Can I just email you the JPEG files? Or is there an easy way to create a multipage PDF from them? Cheers.