Jason v Abbey

[,hills]

Received my 6 years statements, going through them now.

 

At a guess, it looks like £5,000+.

 

Is this too much to claim ?

 

What is a Cleared Transaction Charge?? And can I claim for it ?

 

Thanks

[Weeksy59]

Received my 6 years statements, going through them now.

 

At a guess, it looks like £5,000+.

 

Is this too much to claim ?

 

What is a Cleared Transaction Charge?? And can I claim for it ?

 

Thanks

£5000+ seems fine. A guy on here was awarded about £8k just yestterday from Abbey.

 

I think a cleared transaction charge is when you use you Electron card and there's not enough funds etc... Most of mine with the above were for items bought with PAypal and the funds were not in my account in time.

Yes, i believe you can claim them, i certainly have.

[adw]

Hi Jason

 

Yes you can claim them. I have a few where they have honored a payment that takes me say £2 over my overdraught then charged me £30!

 

Nice work if you can get it.

 

Good luck

[,hills]

Total prelim letter is £5,174.00

 

Here go's

[,hills]

Was giving them until Wednesday but....

 

Got offer by letter today for £728. !!!

 

Guess I'll send the thanks but accept only as part offer letter.

 

Thinking I'll also add a bit of the LBA letter giving them an extra 7 days to refund in full before as prewarned before, that it will go to court after that with added 8% interest and costs after that.

 

What do you think ?

 

Also, with interest, it will take it over £6k, will that cause problems doing MCOL etc.

 

Thanks.

[Michael Browne]

Thinking I'll also add a bit of the LBA letter giving them an extra 7 days to refund in full before as prewarned before, that it will go to court after that with added 8% interest and costs after that.

 

What do you think ?

 

14 days is plenty

 

Also, with interest, it will take it over £6k, will that cause problems doing MCOL etc.

Only your charges count towards small claims limit, but court fees are based on charges + interest, so court fee will be £250

[,hills]

Recieved a 4 page 'without prejudice' letter today from Abbey showing their Defence against my claim.

 

I presume they have copied it to Northampton Court.

 

Is this normal ?

 

What happens next ?

 

Thanks.

[,hills]

Received a Notice of Transfer of Proceedings from Northampton County Court on 19th May, defence has been filed and it has been transferred to my local (Uxbridge) Court.

 

That was 3 weeks ago, no further news, I presume they are very busy.

[,hills]

Should I call up my local court to find out what is going on ?

 

Thanks

[,hills]

Received a N150 Allocation questionairre today. It surprised me because some of my friends using the same Court didn't get one, they just went straight to Mercantile Court in London.

 

Do you think it was just timing or that I am claiming back so much ?

 

I have read the notes on filling in the form on the advised thread but please can I ask for help on the following.

 

1) Before you fill in the relevant boxes (A,B etc) there is a box at the top for Claimant and Court information. Do I fill that in or do the Court.

 

2) Section C, Pre action protocols.

I've gone the the full process of SAR, Premlim, LBA, MCOL etc, if I tick YES in section 2, do I have to send another spreadsheet or am I reading it wrong.

 

3) Amount of Claim.

When does the MCOL £250 fee and the £100 AQ fee get added.

 

4) Which Track

My claim is for £5,174 charges (and £1,122.27 at 8% interest).

Although over £5,000 for Small Claims, should I still ask for that route.

If so do I write in the box below where it asks for reasons why requesting another track.

Is so, what do I write.

 

5) Proposed Directions

Do I print off the 2 pages and fill in the missing xxx's.

Does it also mean that I need to submit the Court Bundle within 14 days of me handing the AQ or 14 days when a Court date is set.

 

6) Section H, Other Information

If I send the Draft Order with the AQ, do I then say YES to attaching documents to the AQ, but, NO to sending to other parties and NO to any applications in the future.

 

7) As well as writing in the suggested text in the 'other information box' can you advise me what to put down as to why I want to use the Small Track although my claim is £5,174.00 + interest.

 

I hope I havn't annoyed anyone by asking these questions, it's just that with such a large amount and waiting so long, I don't want to fall at the last hurdle.

 

Many thanks

 

Jason

[,hills]

Still trying to work out the AQ 150.

 

When submitting the Draft order of Directions, it says I will send the Court Bundle to the Court and Abbey within 14 days of Service.

 

Is this 14 days after I give in the AQ or 14 days when I get a Court date ?

 

Can anyone please help.

 

Thanks

[Robdblynd]

Court bundle goes to court and Abbey 14 days before you are actually in court, OR when the court tells you to send it.

 

Are you attaching the Abuse of Process order to your AQ at Section H? It's worth doing as some courts are taking notice and striking the defence.

 

1) You fill in these boxes with the relevant information.

2) Tick yes in part two.

3) Enter the full amount, including court fees and interest.

4) Yes you can ask for small claims on the basis that you are a litigant in person who would be seriously financially disadvantaged if you had to bear the risk of costs against a multinational company who have access to vast financial resources.

5) Tick yes to this but no to agreed with other parties then attach the Draft order for Directions from here http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523

6) Attach Abuse of process order. Tick No to apllications in the future.

7) covered in 4).

 

When you've completed the AQ send copies to the court and to Abbey. Include the Abuse of process and the draft orders with the AQ. And don't forget to date and sign the AQ and pay the £100.

 

Hope this helps and good luck.

 

PS. Don't forget to include your latest schedule of charges and I'd personally add in a list of settled cases and copies of the Lincoln and Reading orders and the Hackney judgement. More ammo the better.

[,hills]

Thank you very much for assisting me, I'm nearly there filling the AQ in now. I have until this Friday to hand it it.

 

I've tried my hardest to search the posts to fill in the form but conflicting suggestions are confusing me.

 

In section C) Pre Action Protocols, I have seen posts which advise 'ticking' YES and also NO. I have gone through the process of SAR's, PRELIM's, LBA's, MCOL's and am not sure what to tick ???

 

In section D) Again I have seen posts where people have advised both 'only put value of claim plus interest' and also seen 'put value of claim plus inetrest plus Court costs). ???

 

Robdblynd, in the above post, you mention attaching 'Abuse of Process Order'. I have not seen anything about this before. Can you please advise.

 

Thanks again eveyone. I sometimes think it's not worth carrying on but I still hope that I see that pot of gold at the end.

[Robdblynd]

Section C - Pre-action protocols --- Ignore Part 1, Tick YES in Part 2.

 

Section D - I put the whole amount of the claim because Abbey dispute everything (charges, interest (if claimed) and court costs) See their defence document, they will say there that they dispute all. So you put in here what they dispute, which is everything.

 

Look here for Abuse of Process

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/87766-abbey-abuse-orders-keeping.html

 

Please don't give up now, you are so near the end. They will make you struggle to get back YOUR money but don't let them win. If you pull out now you will have let them take another lot of money in your court costs.

 

You will see your pot of gold, it will just take a little more time and effort.

[,hills]

Thanks for your help.

 

I will also attatch the Abuse of Process.

 

I presume, I just cut, paste and print.

 

Thanks again.

[,hills]

Good job I read the Abuse of Process order properly, I was just going to cut and paste it. I didn't realise you had to attatch the case studies as well.

 

One last thing, do I send a copy of the whole AQ and attachments to Abbey as well. It seems some people do and some don't.

[Lula]

Hi Hills, you are at the same stage as I, my AQ has to be in tomorrow. yes, copy and send it all to Abbey, with all the Abuse attachments, should put the wind up them lol. dont forget to attach the cheque when you send it to the court

[,hills]

Woh!!!

 

How many pages (x3)

 

I hope I have enough ink !

 

I notice some people have different contact names.

 

On Abbeys Defence it was signed by Willem Basson, Paralegal

Triton Square, London.

 

Should I use this contact details or is there a better one ?

 

Thanks

[Lula]

you need to send them a copy of the whole document (N150) plus all the attachments that make up the Abuse order, mine too was signed by Willem Basson but there is no email for him, i would suggest that if you want to contact them, contact them on inga.kirkman@abbey.com, but to be honest, wait till a few days after you have sent the AQ(recorded delivery)

[,hills]

AQ150 handed into the Court today with the £100.

 

Also copied all the documentation to Abbey Recorded Delivery.

 

See what happens now.

[Robdblynd]

Keep at them, they will fold.

 

Yesterday I got letter offering full amount as settlement, so you can win, it just takes a bit of perseverance and no backing down. They own you, go get your money back.

 

At the stage you're at now I got a copy of Abbey's AQ within days of sending them mine, but then my court (mercantile) dispensed with the bally thing (and after all the work I'd done too) and I had to fill in case management information instead but the day their CMI had to be filed I got the letter settling the claim. The time lag was exactly one month, so hopefully, you're in the final straight.

 

Good luck.

[,hills]

Still no news from my local Court after submitting all the Abuse stuff etc.

 

I'm getting worried that perhaps because it's over £5k (£5,1074 charges + Interest + Court Costs) totalling £6,546 it will end up being defended and not being allowed to go Small Claims.

 

Should I call the Court to find out the latest ???.

 

Many Thanks

[Lula]

If you go into Fast track it comes with automatic disclosure, they fold quicker in Fast track, so it is nothing to be wary of

[,hills]

Thanks

 

Should I give the local court a call to ask for news ?

[Lula]

you can do, but if they are anything like my local court all you will get it "you should get something in the post in a few days" beginning to sound like a miserable moo arent i lol