OMG!!! £10,332 and then some!!

[Destinyofsouls]

Hi all,

Received my statements today and had a look through and found that they owe me

 

£10,332 + Feb 07

 

Barbados - get the sunbeds ready!!! IZA comin' baby!! ( I'll take Dotty with me )

 

Back to earth- how the hell am I going to claim this back? They are going to put up a hell of a fight.

 

I will probs need some help of you lovely people further down the line,but for now - claim going out tomorrow.

Might take it to branch and say loudly when it packed

' Excuse me, could you please take this letter of me, it's for claiming 10 grand of charges you put on my account'

Love to see their faces.

[Armsoft]

Hi all,

Received my statements today and had a look through and found that they owe me

 

£10,332 + Feb 07

 

Barbados - get the sunbeds ready!!! IZA comin' baby!! ( I'll take Dotty with me )

 

Back to earth- how the hell am I going to claim this back? They are going to put up a hell of a fight.

 

I will probs need some help of you lovely people further down the line,but for now - claim going out tomorrow.

Might take it to branch and say loudly when it packed

' Excuse me, could you please take this letter of me, it's for claiming 10 grand of charges you put on my account'

Love to see their faces.

 

Hello,

Not wanting to give the impression that Abbey might use Delay Tactic if you try this:D

 

Make sure you get a receipt for the letter when you hand it in, then they can`t turn round and say they have not received it.

Its important that you get proof of receipt, and follow up within YOUR timescales -

* Give them 14 days to respond

* Send Letter Before Action

* Give them 14 Days to Respond

* File in Court

 

As for the £10k and them putting up a fight, they might give the impression that they will fight you in court, but they won`t!

You`ll get settlement sometime before 1 minute before the hearing (normally within 48 hours at the moment)

So be prepared for the long haul (and I don`t mean the flight to Barbados) and you`ll win in the end

 

Good Luck (Not that Luck Comes into it really)

[Villafan]

Hi,

 

Take a look at the top of this forum under 'Abbey & Cahoot successes' & find the thread by 'Catherinebear' I've just finished reading the whole thread & she recovered £13,000+ at the end of last year. She seems a really lovely person & despite all she has been through recently she is very happy to help anyone who needs it. There are also lots of other lovely people on this site too with heaps of useful advice...her story is very inspiring indeed for those of us just starting the battle with Abbey!

 

Good luck.

 

Villafan

[Destinyofsouls]

Thank you both for your advice. I will look at that thread and read with interest.

[Destinyofsouls]

Help is needed!

 

Today received form the court

Upon the Courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

It is orderd that the matter be listed for directions on 3 April with an estimated time of 10mins.

 

What is this? Do I have to go? What's it for?

I can feel a Deidre coming on!!!

 

Help

[Destinyofsouls]

BTW this is not the £10K one, it's a little one my OH have has. (woops! told everyone now)

 

Its for £1.5K

Followed and used all the templates in the library. Sent in AQ 12/3. Using the strike out order as in the Lincoln case, and attaching a list of cases settled without a hearing.

[Destinyofsouls]

little bump to see if any experts are about.

[Destinyofsouls]

well I've spent the last 24yrs looking through other threads in the Abbey forum, but cannot find anyone who has had this directions hearing.

 

Have we done something wrong?

[Destinyofsouls]

And another thing, it's a bit short notice isn't it? received today and hearing on 3rd April?

 

My OH can't make it then, now what does he do?

 

I'm really panicking now. I've done this work for him and looks like we are going down the pan.

[Chimera]

Haven't got a clue what it means.. but thought I'd bump the trhead for you - see if we can get the attention of some more knowledgable people.. Good Luck anyway!

[mariejader]

i am sure I have read this before so don't panic to much, I will have a look around for you http://www.consumeractiongroup.co.uk/forum/abbey-bank/70368-maniac886-abbey-2-a.html?highlight=Upon+the+Courts+own+motion

 

I would suggest that you pm a mod or go and ask someone in the chat room to help you

[Destinyofsouls]

You mean I have to turn up? My old man can't he's working away. Now what?

 

Are they not likely to settle before the hearing?

[Destinyofsouls]

so take a copy of the order, the case numbers of those linocln cases, and the reading one too now

 

where do I find these?

[Destinyofsouls]

what happens if the bank doesn't turn up?

[Destinyofsouls]

what happens if it does?

 

I'm thinking I'd better back out of this!!

[mariejader]

I'm thinking I'd better back out of this!!

 

you have come this far don't back out now, someone will advise what you can do

[Destinyofsouls]

This is what I put in Sect G of 149

In respect of my claim, I would respectfully ask the court to consider the attached order.

 

There is now a wealth of evidence that the Banks are reluctant to pursue any defence of the claims of their clients against unfair bank charges, thus abusing and wasting valuable court time and resources.

Also attached is a list of cases of the bank filing a defence for this type of claim and yet settling the claim before the court hearing.

Until they are in a position to reveal all to the courts, I would hope that the Honorable Judges at the Court would take note of this information in bringing a speedy conclusion to claims that they are dealing with.

And attached this order

General Form of Judgment or Order

 

Upon the courts own motion. The court has made this order of its own initiative without a hearing.

 

IT IS ORDERED THAT

 

1/ The court of its own motion is considering striking the Defence in this action as an abuse of process

 

2/ 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 charges, with no claims proceeding to a contested hearing

 

3/ The court considers the authority of Mullen-V Hackney London Borough Council (1997)2 A11ER 906 relevant

 

4/ If the defendant objects to the proposed strike out it is ordered to file within 14 days of this order a schedule setting out all claims of this type in England and Wales which have proceeded to a final contested hearing, and the outcome of such hearings, together with a schedule of all such claims which it has compromised before final hearing, after proceedings have been issued

 

5/ Upon receipt of any such objections the court will consider listing the claim for an on notice hearing of the strike out issue

 

6/ In the absence of any such objections being filed in time, the defence herein will be struck out and entered for the amount claimed, together with the appropriate costs claimable on the small claims track.

 

 

I now need someone to tell me I don't have to go to court !!1

 

 

 

[Destinyofsouls]

Karne the full order that I sent.

IN THE xxxx COUNTY COURT CLAIM NO. xxxx

BETWEEN:

xxxxxx - CLAIMANT

And

ABBEYNATIONAL BANK PLC - DEFENDANT

General Form of Judgment or Order

 

Upon the courts own motion. The court has made this order of its own initiative without a hearing.

 

IT IS ORDERED THAT

 

 

1/ The court of its own motion is considering striking the Defence in this action as an abuse of process

 

2/ 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 charges, with no claims proceeding to a contested hearing

 

3/ The court considers the authority of Mullen-V Hackney London Borough Council (1997)2 A11ER 906 relevant

 

4/ If the defendant objects to the proposed strike out it is ordered to file within 14 days of this order a schedule setting out all claims of this type in England and Wales which have proceeded to a final contested hearing, and the outcome of such hearings, together with a schedule of all such claims which it has compromised before final hearing, after proceedings have been issued

 

5/ Upon receipt of any such objections the court will consider listing the claim for an on notice hearing of the strike out issue

 

6/ In the absence of any such objections being filed in time, the defence herein will be struck out and entered for the amount claimed, together with the appropriate costs claimable on the small claims track.

 

 

But where do I find the Mullen case? I've googled it but cannot find the actual case. Just in case he asks me.

[itsamomentintime]

Destinyofsouls

 

i can understand why you are panicking a bit

 

but you just CANNOT lose

 

abbey will not go to court to defend this claim, as they cannot prove that penalty charges are proportionate to their actual costs

 

whether its a claim for £50 or £50,000 - both will be settled before any court hearing

 

hope this helps

[Destinyofsouls]

thanks itsa

 

Just rung the court and they tell me that he has to attend. Now I'm panicking

[Destinyofsouls]

quickly looking on the CAG chat site, it looks like TSB turned up for one claim!!!!

[Armsoft]

quickly looking on the CAG chat site, it looks like TSB turned up for one claim!!!!

 

Abbey have turned up at court on a number of claims:o

But they have still to appear in court:D

 

There will, I doubt, never be an occasion when a bank turns up at court to argue its case that their charges are fair, they have the whole world stacked against them, and believe me, that is not very strong odds! and certainly not odds that would entice a bank to take a chance.

 

I`ve not read your thread fully, but, I would suggest that 2 weeks before your court date give James Arrandale a call at the Abbey, ask him if he wants to settle, he will:D

[Destinyofsouls]

aRMSOFT

 

The hearing is for directions only. Haven't got a clue what to say. Karnevil has kindlyt helped me out with things to take, but I cannot get a copy of the Mullen case anywhere. He might ask me what that case is all about and I can't tell him

[charleyfarley]

aRMSOFT

 

The hearing is for directions only. Haven't got a clue what to say. Karnevil has kindlyt helped me out with things to take, but I cannot get a copy of the Mullen case anywhere. He might ask me what that case is all about and I can't tell him

 

 

The power of google:

 

ex parte London Borough of Hackney -v- Maureen Mullen [1996] EWCA Civ 76718 Oct 1996

CA

Housing, Litigation PracticeThe authority appealed a fine of £5,000 for a breach of an undertaking to carry out repairs to their tenant's property. They complained that there had been no evidence of previous breaches, and that the judge had been wrong to take account of other breaches. Held: The authority might have applied for an adjournment, anticipating the order to be made. It had not. The judge was exercising a proper discretion, was entitled to take account of other breaches, and also to use his own special knowledge of the respondent's behaviour in other cases. An affidavit from the authority that it had only broken one such order in the previous twelve months was not to the point.Link omitted

 

 

also

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/10581-dead-dawn-lloyds-tsb-5.html

 

post#90

[stan5131]

Destiny. You just need to await further directions now. It is very unlikey you will have to go to court.

 

I have filed against Abbey for £9,300 on behalf of my friend. We just received acknowledgement this week.