Heyho! I ** Won !!! ** Ostrich v Abbey

[Ostrich]

Sorry to keep bouncing this but I have to get this off in the post tomorrow and I have gaps in my bundle at the moment because of the amounts query above.

 

Can I do this (nb iv below)?:

 

18. Accordingly the Claimant claims:

 

i. The return of the amounts debited in respect of charges in the sum of £3447.00;

ii. Court costs (Court fee of £120.00, Allocation Questionnaire fee of £100.00).

iii. Interest of £530.43 (as at 14.01.07) under Section 69 of the County Courts Act as set out on the attached list of charges.

iv. Less gesture of goodwill payment paid on 20/09/06 in the sum of £857.00

[Ostrich]

Another gentle nudge to see if anyone can put my mind at rest re my last post. I have to get this off in the post tomorrow and need to print it tonight so I can get it photocopied tomorrow, so any thoughts/advice would be much appreciated.

[elizabeth1]

Ostrich - that looks fine to me - it shows the GOGW etc. other than include a copy of their letter as an attachment which is explaining the GOGW there isn't anything else you can do that I know of. Goodluck!!

[Michael Browne]

i. The return of the amounts debited in respect of charges in the sum of £3447.00;

ii. Court costs (Court fee of £120.00, Allocation Questionnaire fee of £100.00).

iii. Interest of £530.43 (as at 14.01.07) under Section 69 of the County Courts Act as set out on the attached list of charges.

iv. Less gesture of goodwill payment paid on 20/09/06 in the sum of £857.00

 

This is fine, if they want to argue about it they'll have to do it in front of a judge.

[Ostrich]

Thanks for replying Elizabeth. I just needed someone else to say it looked ok. I have visions of sending it off tomorrow and someone to log on here tomorrow night saying 'Oh no, you've ruined your whole claim...'!!

 

I'm including a copy of the GOGW letter anyway, so it should be clear what it's all about.

 

Thanks again.

[Ostrich]

Thanks again Michael. My voice of reason.

[Ostrich]

I've got my court bundle together, all printed off and photocopied and ready for the post today. I'm posting both my recorded delivery, just so there can be no claims of non receipt by Abbey!

 

As I got it all ready last night I realised I'm missing one statement (out of 46!). It's for Aug 06 and refers to the last six charges on my schedule of charges. I know this was around the time I was getting my initial letters together and I hadn't yet received that statement in the post so just checked the charges on my account online, thinking I'd add the statement to the bundle later when I received it. Now either I never received it or I've mislaid it. What should I do?

 

I'm not holding up the bundle because I really need to get it sent off today. Will it matter that much that I'm missing one statement? My online records don't go back that far so I can't even print one online and include it. Can anyone advise?

 

Other than that, I'm all set. I'm just hoping and praying they decide to settle the full amount in advance of the court hearing because I'm scared. Really scared.

[elizabeth1]

Ostrich - there would be nothing stopping you having a word with the court manager explaining this and attaching a note to a hand writtten/typed page showing the charges as per your "schedule of charges" .

 

You could re order the missing statement from Bank?? and swap later if needed & post a copy to bank to go in your bundle ?

Leave a sticky "post it" as a page marker to allow ease of swaping the page later when replacement arrives. I am sure if you simply mention this at court when you hand it in by post - you'd be allowed to swap page later if statement arrives. (probably better to have the proper thing in there?).

 

Chances are you'll have statement in time ? I know it seems a fuss over one page - but it's perhaps better to be "right" than to leave room for questions?

 

That's what I would do anyway - please look for someone else to answer as I'd hate to tell you wrong way to solve this - I haven't got to this stage yet with Abbey - hopefully someone else may have a better idea. But I would write the page to begin with to ensure figures in etc.. and ask if I can swap once I had proper page to back it up etc..

 

I hope that the Bank pays out and there is no need to worry about it - they know you'll be right anyway!!

[Ostrich]

Thanks for your reply Elizabeth. I decided not to hold up the bundles because I needed to get them off in the post, so I just sent them off without that missing statement.

 

Does anyone know if I should phone the Court and tell them I'm missing a statement? I didn't think to leave a gap in the bundle where the statement is missing from. Should I request a copy of the statement from Abbey now? Will they know what I'm up to and purposely delay it? It would have to get to me within the next 9 days.

 

Any advice appreciated.

[Buffysum]

Hi Ostrich, Just wanted to say we are about the same stage so will be keeping a eye on how you are doing hoping to get my bundle off next week and I am going to email Inga today to see if they would like to settle before court. My date is 21st March. good luck x

[rachel01]

I have my court date also on the 23rd March, sent my bundle at the end of December to Abbey and have not heard anything - do you think i should call them up and ask if they've received it and would consider making me an offer? only claiming £289!

 

Need to send the bundle to the court also - thought i'd give Abbey a chance to contact me - but nothing - typical!!

 

Good Luck Ostrich - keep us updated.

[Ostrich]

Thanks guys. It's not an exaggeration to say I'm absolutely petrified, but hey, I've come this far.

 

Still a bit worried about the missing statement. Can anyone advise what I should do? How can I get a copy of it quickly, without alerting Abbey to why I need it (not I suppose that it matters). Do I have to write to them and pay for it? Or just request one over the phone?

 

I will keep you all updated and if successful will be coming back anyway to donate to this site. I couldn't have done this without the help and advice on here.

[elizabeth1]

Ostrich, Do you by any chance have access to online banking where you could print it off if it's a recent statement?? Otherwise I would simply phone them and ask for it Sheena Small's NUMBER IS ON HERE SOMEWHERE she is the lady responsible for the DPA stuff etc.. so it may be worth a call to her perhaps. She is reasonable and will help you if she can - do a search using her name and posts where I wrote her number to a few others will show up hopefully. (sorry my file isn't close by to write number for you - post again if you don't get the number and I will come back with it for you)

 

Rachel,

You'll find once your bundle is lodged and you have your court date Abbey will approach you.

But my thoughts are as your amount is so small you could ring them and see if they'd rather settle - don't forget to charge them for your bundle too as this has cost you time and money to produce etc.. Read Teebums thread she just got 49 hours for doing her bundle etc.. so it's a sum worth making sure you get it etc.. - you say you already sent bundle to Abbey and they'll know you have identical bundle for yourself and court so won't argue that cost as it's been done.

[Perseus]

Still a bit worried about the missing statement. Can anyone advise what I should do? How can I get a copy of it quickly, without alerting Abbey to why I need it (not I suppose that it matters). Do I have to write to them and pay for it? Or just request one over the phone?

quote]

 

Hi Ostrich - sorry to jump your thread here,

Just an idea - may be quicker...

Have you called into your local branch - they are normally able to do re-prints of statements there and then (not sure if there's a fee)!

Just an idea - as it's only 6 months ago - good chance they can still access it in branch!

 

Good fortune!

[Ostrich]

Thanks for the advice guys. I'm just going to ring my branch and tell them I need a copy statement and find out how long it will take for them to send it. I still have a couple of weeks so hopefully that'll work.

[rachel01]

Hello - did you have to complete a witness statement?

 

i need HELP....

 

I have been to the tread to help me with my witness statement and i have a few queries. Did anyone have to do a witness statement? if so i desperately need help...

 

 

What do i put at the end of this sentance?

1. I make this Witness Statement in support of....................... ........

 

Do i need to add anything to this section???

2. b. The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999, Paragraph 8, Schedule 2(1)(e); The Unfair (Contracts) Terms Act 1977 Section 4; and the Common Law.

 

Do i put the full total including, bundle time and court costs - or is it just the amount i'm claiming of charges???

3. The return of the amounts debited in respect of charges in the sum of £xx.xxwhich includes overdraft interest charged;

[Ostrich]

Hi Rachel

 

Yes, I completed a witness statement. Here's what I said:

 

1) I make this Witness Statement in support of my claim against the Defendant for the refund of bank charges

2) b. The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999, Paragraph 8, Schedule 2(1)(e); The Unfair (Contracts) Terms Act 1977 Section 4; and the Common Law.

(That's all I put, I didn't add anything)

3)

i. The return of the amounts debited in respect of charges in the sum of £XXXX;

ii. Court costs (Court fee of £120.00, Allocation Questionnaire fee of £100.00).

iii. Interest of £XXXX (as at 14.01.07) under Section 69 of the County Courts Act as set out on the attached list of charges.

iv. Less gesture of goodwill payment paid on 20/09/06 in the sum of £XXX

Hope that helps. Give me a shout if you need any other help.

 

 

[snapdragon]

Hi I am just completing my AQ (against Barclays) and wondered if you can clarify the following:-

- when did you complete your witness statement was it after you had received a court date???

[Ostrich]

Maybe I'm a wee bit intoxicated on my savings of the past six years. Maybe that's why I can't find my ongoing thread.

 

I WON!!!!!!!!!!!!!!!!!!!!!!

 

Full settlement today from the Shabbey.

 

Court date for Monday and I got a letter today saying "in view of the legal costs.....your claim will be settled in full."

 

Mwahahahaha.

 

Can a moderator PLEASE help me find my thread and update the title to say I beat them. I'll be back in a more hungover/sober mood tomorrow to donate to the site and gloat a bit more.

[Ostrich]

The winner takes it all, the loser has to fall......

 

I WON!!!!!

 

They wrote today (court date on Monday next) to offer full settlement. It's on a without prejudice basis and is entirely without any admission of legal liability by Abbey. Blah blah. They've written to the court to inform them that the case is being settled in full and asking them to withdraw the hearing from the Court list. Blah de blah.

 

What do I need to do now? Apart from donating to this site, of course. That goes without saying. Couldn't have done it without you.

 

Should I call the court and tell them? Anything else?

 

Woohoo. Hang on in there guys, it's soooooo worth it!

[Ostrich]

OK, I've managed to find my ongoing thread. Can a mod please delete this one and update the title of my existing thread to WON! Thanks.

[Robhughes]

Nice One ostrich! Mine's in the final stages (court date set for 28th Feb, disclosure ordered by 14th).

 

Hope to celebrating in a similar style by his time next month

[Bigmac versus]

lol, good news, congrats to you.

[elizabeth1]

BRILLIANT RESULT - SO GLAD YOU WON!!!!!

HAVE SEVERAL DRINKS TO CELEBRATE THAT WIN!!!!!

[Ostrich]

Oh dear. I have a hurty head from all that celebrating last night. What a result though. I'll be back on this site regularly now to encourage people to have faith and keep going. I was the most scared ever about going to court but it didn't get that far in the end.

 

Karn, thanks for all your help and advice. Couldn't have done it without you.

 

Does anyone know what I should do now? I'm just about to ring the court and tell them about the settlement. Just checked my account and the money is already in there!! I thought it would take ages to get the money, but it's in the account already. Result.