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Andys Mum update ** WON !!! **


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This is my first 'thread' but have visited the site lots and lots, very interesting and encouraging.

My son Andy is the registered user but I am the one doing the donkey work, he doesn't know a great deal about what I have been doing. I have started a court claim against Abbey using advice, sample letters etc., from this site. I also bought the Small Claims Kit from CAG, again very interesting and extremely helpful. The court has accepted our claim and the Abbey are defending.

My questions are:

Although I have registered the claim in my son's name, will I be allowed to attend the court on his behalf if necessary. He works away from home a lot, he is mainly in Hants I am in Lincolnshire. He would also find this a very daunting procedure, whereas I am used to dealing with people on all levels and just don't want to see any of these banks getting off lightly.

Also are these cases generally heard local to the claimaint and could I request this.

Finally, the Abbey asked for extra information when they received the claim, I have provided this info. Should I also copy this info to the Court or will this come later.

Good luck to everyone who is claiming.

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Hi Andys Mum ,

I can see no problem you acting as litigant for Andy as long as you get him to sign a letter authourising you to do so . Also send a copy of this letter to the courts and to Abbey .

 

The cases are generally allocated locally and you should request that it be dealt with (if you submitted the claim by MCOL) at your local county court.

 

If the courts need the extra info you sent the Abbey they should ask you for it but there is no harm in sending the courts it anyway with a covering letter explaining that this is a copy of the info requested by Abbey.

 

Please start a new thread in the Abbey forum if you have not done so already by following this link

http://www.consumeractiongroup.co.uk/forum/abbey-bank/

 

Good Luck and keep everyone up to date with your progress.

 

Jules

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This site has given me inspiration and encouragement to claim on behalf of my son.

I have already submitted a claim on line and the Abbey have said they are defending. I will not be intimidated by them. I also bought CAG's Small Claims Kit, very very helpful. I am not sure that I have submitted my 'threads' to the right place, if not I apologise and perhaps someone would put me right.

Good luck to everyone claiming

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Hi Andy's Mum

I am at the same stage as you, although shAbbey recently sent me a letter asking for a SOC. I replied stating that their Bradford office at PO Box 1109 had been sent these documents by Royal Mail special delivery. I also took the opportunity to ask them to supply me with a complete detailed/itemised breakdown of how they calculated the actual cost to Abbey for each and every tariff of charges cited in my claim. No reply yet. BTW I think we can post items on the Abbey discussion site/blog whateveritis? All the best!

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I'm dealing with Cahoot, who are Abbey in disguise, lol.

 

Submitted my claim but no defence yet.

 

You may find it weasier starting your own thread. That way people can chip in and help.

 

Good Luck

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Hi diomedes,

Thanks for that info. My feelings up to now are that they will try stall tactics wherever poss. My claim is being dealt with at their Triton Square address (2 Triton Square, Regents Park. NW1 3AN). I think you need to try and keep a step ahead and not wait for a reply. Flood them with as much info as poss.

Good luck to you as well. I'm getting hooked on this site, thank heaven for computors and lots of people wanting to help.

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Thanks guys for the advice, this has now been done. When I originally registered with your group I did it in my sons name to encourage him to look into the charges. He now hasn't got an internet linked computor so I've taken over. I started in a new thread last night, hope I did it right.

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I think I'm progressing quite nicely, thanks to info gained from everyone.

Abbey have filed a defence: 31st January 2007, they requested further info which I supplied. My strategy is try and think ahead of what they might need and send it before they ask, what does anyone else think?

Should I send copies to the Court, or wait until court date received, etc....

Yesterday received Notice of Transfer (my local CC much to my delight) together with Allocation Questionnaire, which I can do following guidance from other CAG users.

I want to claim on behalf of my son, should I get his letter of authority now and send to court with AQ? Has anyone else done this? I just have more time than him and can hopefully do it properly!! I've done all donkey work so far. On the AQ it says "to be signed by:only the party to the claim or litigation friend or legal representative" Can I be litigation friend...

He's living away from home at present and we have had post go astray recently so reluctant to send to him for signing.

 

I'm totally hooked on this site, its nice to see a lot of people winning and not getting intimidated by any of these large organisations. By the way I'm an OAP but young at heart and in spirit.

Good luck to you all and thanks for your inspiration so far.

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Can I be litigation friend...

 

No, he must sign the AQ himself. A litigation friend is someone representing a child or patient ie incapable of representing themselves. If it ever reaches court you can represent him as a lay representative (although he must be present) or as a 'MacKenzie's friend' where you can advise him in court but not actually address the court yourself.

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Thanks Karne and Michael for info and guidance, etc. and Jules.

It would be difficult to give dates to court for Andy to attend because of the nature of his job, he has been made redundant 3 times in as many years so he doesn't want to rock the boat with his new one. He now mainly lives down south but his post comes to me. If I get him to sign AQ and a letter explaining why he wants me to represent him do you think this would be OK or should I hold back on the letter for the time being? I don't want to antagonise (did I spell that right) anyone. Any ideas on what I should say?

regards, andys mum. (I'm still smiling)

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Before I start, thanks for all messages, etc I really do appreciate any advice/help available.

Received AQ and think I know how to answer all Q's following guidelines. Just bothered about Other Info, just how much detail should I go into.

Also rang the court and they have said get my son to write and ask for permission from Judge for me to represent me. I got the impression that this would be accepted. This is being done and all will be sent to court by weekend. As I understand it, I don't need to send any correspondence etc. with this yet. Am I right?

I tried to put details of our claim on the litigation section but I don't think it was accepted. I would like others to know our story, etc. advice on this please.

Again many thanks, and good luck to everyone. I'm still smiling and enjoying the challange.

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Thanks Karne

I'm not sure that I don't need a little bit of luck. I keep having the feeling that I've forgotton something!!

My hubby is self employed and I've looked after everything for years so nothing gets trashed, just in case, plus I was a legal PA in my youth so I'm used to dealing with people. I've done the same for both myself and Andy because he was going to start a business at one time. I'm glad I did now.

Keep up the good work and thanks to all of you at the CAG

Still smiling ......

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Hi Andy's mum

 

I'm Ivan's mum and I too am claiming on my son's behalf .Just waiting for directions now. See Anney v Abbey. Unfortunately the court admin are not very knowledgeable but are quite nice people.

Hope this helps found on HMCO website

ANNEy:)

Can I take someone with me to the hearing?

 

Yes. If you do not have a solicitor, you can take someone with you to speak for you. This person is called a 'lay representative' and can be anyone you choose, such as your husband or wife, a relative, a friend or an advice worker. If possible, the lay representative should not be a witness. Your lay representative cannot go to an appointment without you unless you have permission from the court.

Advice agencies cannot generally provide a lay representative to help you at hearings. If you are thinking of asking an agency, contact them as soon as possible and immediately you know your hearing date. They will tell you whether or not they can help. Some lay representatives may want to be paid for helping you at the hearing and you must make sure you know exactly how much this will be.

The district judge can tell a lay representative who misbehaves to leave the hearing.

Remember: You will have to pay for a lay representative yourself, even if you win the case, and you may wish to consider whether the amount of your claim is worth this. Lay representatives who charge for helping you may not belong to a professional organisation, and if you are not satisfied with their help there is nobody you can complain to.

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Hi Anney, nice to meet you and thanks for the info.

What I did was waited for the Transfer of Proceedings to my local court. I then rang the court and explained that my son works away from home and would find it difficult to give dates for the case to be heard. She told me to get a letter signed by my son (and he also needed to sign the Allocation Q) to ask the judge to allow me to represent him. I have done all this and sent it all to the Court today. So it's fingers crossed that they will agree. The lady I spoke to seemed to be pretty optimistic.

Keep in touch and good luck. What us mum's have to do.......

Bren

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Hi Karne,

I've been reading lots today on other members progress etc., had a bit of time on my hands.

One question should I send Abbey a copy of the AQ and copies of my letters requesting I represent my son. I don't want them having reason to hold up proceedings by insisting he is present!!! One of your members, Anney, looks to have gone down the road of 'lay representative'. My main problem is actually getting Andy to court he is very rarely in my neck of the woods.

Any ideas!!

Keep smiling ....Bren

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One question should I send Abbey a copy of the AQ and copies of my letters requesting I represent my son. I don't want them having reason to hold up proceedings by insisting he is present!!!

If you represent your son he would have to be present also. But the chances of actually having to appear in court are extremely slim.
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Hi Michael, thanks for that.

When I rang the court that the case is being transferred to, the very nice lady said it was at the judge's discretion as to whether he would need to be there, hence the letters from both my son and myself, 'respectfully' requesting same. Oh well I have today sent the AQ etc. off so I'll have to wait and see what they say. I'm still going down the road that it could go to court!!!

By the way do you know whether I need to send copy AQ to Abbey not sure on that one.

Thanks again and I'm still smiling....

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the very nice lady said it was at the judge's discretion as to whether he would need to be there, hence the letters from both my son and myself, 'respectfully' requesting same.

She's right, but judges generally insist that the claimant is present, but it's always worth asking. If you don't ask, you don't get
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All I can say is WOW, I live in south Lincs, so here's hoping. Very interesting reading, mind you all the cases are.

I've noticed that quite a few have had their accounts closed, so far we have not had any mention of this. I have managed to keep Andy on the straight and narrow lately because I have made him register on internet banking and when he doesn;t have access to a computor he just asks me to look, that way we can keep a firm grip on things.

He has got another account opened just in case.

Keep up the good tips and advise.

I'm still smiling.....

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