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Andys Mum update ** WON !!! **

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  • 2 weeks later...

Hi update and advice please.

Rang my court and was told by a very nice man that the Abbeys AQ had been filed but with only 1 day to spare. Apparently the judge has asked the court clerk to file a direction on the Abbey quoting an order by Judge Toomb. I have read up on this order and it seems to me that he is saying that he is not happy that they settle just before the case goes to court and he looks for evidence of claims of this type proceeding to a final contested hearing. Am I reading this correctly.

He also said I need do nothing, but I don't want to get caught out and not be ready with papers for court case.

Am I likely to get a Direction or a copy of the one sent to the Abbey. The clerk said it would take about 5 days to get this Direction to the Abbey. How long are they normally given to respond.

Thanks a million and keep up the good work.

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Thanks Michael,

Do you really think that will be it. I had heard that Lincolnshire was a good county to live in. I'm originally from the south and I still miss the hills!!

I would have liked to hear whether the court would have allowed me to stand in for my son just so that other CAG members could perhaps help their kids, this process is a bit daunting when all said and done.

I will let you know outcome and thanks to you and Judge Toombs.

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Andy's Mum

You are nearly there I also was claiming for my son and today won 10K full settlement which includes interest +30 hours @9.25. Feels so good Good Luck I am nearly 65 so please do not feel worried if I can do it without having a heart attack then anybody can .:D :D

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Hi Anney, only just turned on computer I had a day off work yesterday so decided to keep away from all things mentioning Banks and Courts.

Thanks for your message, I have just read that you have WON ... well done!!

and by the way happy birthday for Sunday, my 65th is October. You sound like me young at heart and in spirit.

Ours is not a huge claim 1500'ish but my son could sure do with it, him and his girlfriend are trying to buy a home together.

I expect you have read that it looks like my local Judge is not too pleased with the banks going near to court date and then settling. I am just waiting with baited breath... There have been a couple of interviews and articles during past week on this subject plus Martin Lewis was on TV last night.

Many many thanks again Anney, I have been following your story since I picked up that you were trying to help your son as well.

Have a really good day tomorrow.

I am still smiling ... Brenda

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Had a letter today from the Court today I would say following on from my conversation with the court last week, looks like a standard letter basically saying 'The court of its own motion is considering striking out the Defence in this action as an abuse of process'.

going on to say .. 'The basis for this is the fact that the Defendant is settling all claims of this nature where Claimants are seeking the reimbursement of Bank Chrges, with no claims proceeding to a contested hearing'

The court is asking for schedules setting out all claims of this type which have proceeded to a contested hearing and a schedule of all such claims which is has comprised before final hearing, etc.etc...


I'm sure you have heard of this before but it sounds pretty good to me. Can you tell me please do I need to acknowledge to the Court and should I perhaps contact Abbey and try and get a settlement, what do you guys think??

As always many thanks, Bren

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Hi Anney and Kimmy

Thanks for messages. Got the phone numbers haven't spoken to either of them yet. I work on a reception desk so difficult to make phone calls. e-mail not a problem. It would seem that this is the best thing about living in Lincolnshire the District Court Judge for Lincoln CC is the one pressing for all banks to keep their end of the bargain and disclose their costs, attend court and not settle just days before the case goes to court.

I have read a few articles on this lately there has been a lot of media attention on this. One thing I saw today on Martin Lewis' web site is that in April the OFT is likely to push the banks into changing their charges, probably to £12 per item which could mean that the banks can cite the OFT's ruling and only settle for the difference between £12 and whatever the various banks are charging now. According to Martin this could mean the banks will start defending these claims for the whole amount and only settle for the differences. As he says get claims in now!!

By the way I hope you had a very happy 65th last Sunday, Anney

Keep in touch. Bren

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According to Martin this could mean the banks will start defending these claims for the whole amount and only settle for the differences.

I'm not sure why he says things like this. The OFT ruled similarly on credit cards over a year ago and it hasn't made a jot of difference to credit card claims. They're still having to settle in full
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Hi Andy's Mum

I just put a note on my AQ that my son wanted me to speak for him and they stated that he would have to be present that is just not going to happen . They will settle way before then I predict it will be very soon. I had a great birthday. 3 of my 4 boys took me to an Italian restaurant for lunch. Unfortunately the one who I did the case for is in Barbados but his back Saturday. My husband couldn't come as he has had Oral cancer and can only eat soft food . So it was the first time I had been out for a year really nice. We hope all his treatment will be over by the time the wedding comes in August as he has the honour of giving the bride away. What a year has started brilliantly Good Luck

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Hi Anney,

Thanks yet again for that advise about Inga, I don't know whether she will speak to me as the claim is in my son's name. He did sign a letter giving me authority but alternatively I was wondering whether to e-mail them. What did you do?

I'm glad you had a nice birthday, I realised from reading your thread that your hubby had been poorly but sounds like he's on the road to recovery. Special Good Wishes to you both.

Keep in touch. Bren

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Hi Michael,

Do you subscribe to Martin's MoneySavingExpert.com? He was the one who started me thinking about this whole scenario of claiming. I did all my preliminary research etc., through his web site and eventually picked up the thread to the CAG. I suppose he just wants to make people aware of what's going on 'behind closed doors' and what it could mean to their claims. I must admit I don't always agree with what he says but as I'm a novice at this and I think I am in a good position at the moment.

Thanks yet again for your views.

Keep in touch, Bren

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It must pay to live in Lincolnshire. The Abbey cant do what the Judge from our local court asked so without any contact from us with the Abbey, a letter came today settling in full (£1594).

On the advice of the Court Clerk at our designated court, I didn't contact Abbey he said, more or less, don't waste a phone call, they will not be able to do what the Judge has asked, just sit tight, he was a very nice man!!!

I never did stop smiling ... Keep up the good work

Many, many thanks for all encouragement and help.

I will let you no when money in bank ... Bren

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Well done

Drinks are you!!!


Read throught the

FAQ's and when your ready, start a thread in your banks forum to keep us all updated!

If the information I have provided is useful, please click the scales!

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Hi Guys

and THANKS FOR GOOD WISHES. My son doesn't know yet I haven't been able to get hold of him as he's working down south today.

Will keep in touch and let you know when money in bank.

By the way saw you won recently Reg, many congratulations to you too.

I think we were lucky didn't seem to have too many problems, as I said maybe it's the Lincolnshire thing!!

Keep up the good work CAG .... Bren

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Well done to you!! I've got my fingers crossed for a settlement soon. Like you I'm doing this on behalf of my son so hope to be able to go to court with him as he's not too well up on what's happening.

Just had letter of allocation to small claim track from the court today. I'm a little confused as they haven't given a court date. Just wondering whether I should start the court bundle yet or wait till I get the date of the hearing.

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