mariejader v Abbey **DEFENCE STRUCK OUT!**WON**

[mariejader]

Hi Marie

How did the interview go!

 

The interview went well, but I cannot find a link to it to post it here I will e-mail the jouranlist and see if he can help me.

 

I spent last night at BBC Radio Berkshire, there had been an event on all day for what they call stringers, who are local people in the community who report on local story's for them, my friend is one. I only went along for the free food

 

Anyhow I hopefully will be doing somthing with them next week, and also met one of the tv reporters for BBC South Today who I knew and he said he may be interested in my story.

[paula wardman]

Well done!

 

I have 2 claims with them and I won 1 of them. I too issued a warrant of execution (firstly to the PO Box address on the statements - oops I had to re-issue to a postal address). Abbey have now come back with an "Order to set aside judement " Bugger - this now means that I have to wait until next month for the hearing of this and no sign of the money.

When I spoke to the court today they said that this is to have the adverse judgement against them removed and that the case was still won by me.

They have advise me to attend court for this hearing - but once again I stress that a further delay to seeing the payment is ahead and I don't undrestand If the warrant is not going to get money to me in the given time how anm I going to get it?

[Robdblynd]

I've won a set aside in another case (not bank) and it means that they judgement is totally wiped> The DJ who set it aside told me that the claimants had to refile if they wanted to continue with the case so I sincerely hope that's not the case for you.

 

I'd have a bit of a dig around and see what info I could find out about set aside cos I'd hate you to find out too late that the case was over and you needed to start again.

 

Don't want to upset anyone, this is just what I found out from my experience with a set aside.

 

Sorry to jump in Maria, just wanted Paula to be aware that there might be things she needs to do.

[Lady E]

I have to say Marie , that you are keeping the case against bank charges in the news , which is great as it makes people think that it is something achievable by the average person . Keep it going , the more people that hear your story the more people will be encouraged to persue what is rightfully theirs. Good luck . Why not email Jeremy Vine for his "Your money and your life "slot on Friday at 1pm ? I am certain he would be interested or knowing me , I bet that has already been done?

[mariejader]

Why not email Jeremy Vine for his "Your money and your life "slot on Friday at 1pm ?

 

I have never heard of of that programme before, I will have a dig around and see what I can find, unless you have a link:D

 

To be honest I was quite happy to have won my case and have left it at that, but then I read about the Lloyds cases and how Abbey were trying to use this as a ploy to put people off which to some degree I think it may have done originally I then decided to go public to hopefully help others.

[Lady E]

Jeremy Vine does the 12-2pm shift on Radio 2 everyday, in days gone by it would have been Jimmy Young

 

Most Fridays he does a special slot your money or your life and it is a bit about lifestyle issues including medical/financial/social issues.

 

Here is the link (hopefully)BBC - Radio 2 - Shows - Jeremy Vine

 

I just think it would be helpful to people who are unsure about persuing their case or dont know where to go , hear about someone who did it and won. Nothing ventured nothing gained and as you are media savvy it would make sense to spread the word nationally. Good luck

[cassie2006]

Marie

 

We're going to have to make an appointment to see or talk to you soon:p

 

You're speaking for so many of us.................. I hope your voice last forever:D

 

You're admirable:cool:

 

Cassie

[mariejader]

Marie

 

We're going to have to make an appointment to see or talk to you soon

 

That will never happen as it's all of you I am doing it for

[charleyfarley]

E,

 

I think that's a great suggestion about Jeremy Vine................it's usually Martyn Lewis that gets trotted out as a talking head on money.............so Maria would be great on there:)

[kia]

thanks to you marie j your fighting single handed for all of us and your help with my case was invaluable and everyone else youve helped love. xxkia

[mariejader]

I think that's a great suggestion about Jeremy Vine................it's usually Martyn Lewis that gets trotted out as a talking head on money.............so Maria would be great on there

 

Well I don't know about that but I will give it ago:o I have just sent an e-mail so let's see if they get back to me

 

You lot will get me hung:D

 

My school report's always said "Maria is easily lead" how true

[RFisher33]

Hi Maria,

 

I must have got the same judge cause Barclays defence got struck out. I also know of one other person who has won cause the defence got struck out over in the Barclays forum. The other person was from Reading. Mine was in Newbury as discussed further back.

 

The thing is I didn't even request mine to strike out the defence. They just did it!!

 

Good things are happening in Berkshire.

[mariejader]

Hi Maria,

 

I must have got the same judge cause Barclays defence got struck out

 

Well done what judge did you get?

[RFisher33]

District judge Burgess. Is that the same one as you?

[mariejader]

District judge Burgess. Is that the same one as you?

 

 

It sure is

 

Here is the article in my local paper if anyone is interested

 

Newbury Today | Woman beats bank charges fight

 

A quote from Abbey

 

A spokesman for Abbey, Steve Ainger, said the bank would not comment on individual cases but said in a statement: “Abbey is up front and transparent about all its banking charges as set out in its tariff of charges.

“It is the customer's responsibility to ensure that there are sufficient funds in the account or an arranged overdraft in place.”

He added that customers fined for straying into the red for the first time would receive an automatic refund from Abbey.

[Robdblynd]

Great article Maria.

 

Someone correct me if I'm wrong but isn't a 'fine' a financial penalty for wrongdoing? So, where do Abbey stand now in view of this statement, will they still insist that their 'charges' are not penalities?

 

Go go go Maria.

[ICY]

good report marie, how much do you pay your agent pmsl

[Buby x]

HI. I'm at the stage where abbey have now given me a copy of there defence which is the standard one sent after reading many posts on here....A Joke!!!!!!!!

In the same letter they have given me an offer. My claim is for £1678.66p.

They have said Quote

 

" Regardint the charges, you will see from the Defence that abbey takes issue with tour claim on a number of points. for the purpose of this letter though, we should like to mention in particular that your claim seems to be based on an argument that you should not pay any charges at all. It cannot be correct that abbey cannot charges anything at all if you become overdrawn or do not meet direct debits as abbey must remedy the issue with the account and this incurs expense. This is in lkine with banking industry practise ane the terms and conditions under which you opened the account. Evebn if it were accepted 9( which is not accepted) thAT the charges are greater than abbey's actual loss in dealing your account. Abbey would still be entitled to charge you something for the expense. Further, you would see the charges are liquidated damages, and not penalty charges and therefore valid pre-estimates of loss."

 

Abbey have said that in view that I should pay something they are willing to give me back 65% totalling £1091.13p . Making it short of £587.53.

Does any one think they have a valid point or should I say no and demand payment in full.

Please help.

Thanks Teresa xx

[mariejader]

Again it's another standard letter which personally I would not accept their offer, generally at the defence stage it's a 50% offer.

 

 

Look here for the letter that best suits your case

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

 

 

The whole point of this campaign is the banks will not disclose to you what their costs are which from what info we have it's in the region of approx £2.50,

 

There have been some wonderfull letters on here where people have replied stating this, I am sure someone will be able to point you in the right direction so you can copy it.

[Realist]

Mariejader, can I have an autograph

[RFisher33]

Hi Maria,

 

So have you now submitted a Warrant of execution? What did you receive back from the court that enabled you to do that?

[Buby x]

Well done for winning. It's great to hear it.............

At what stage did you send in the letter asking for the defence to be struck out and could you give me an idea of what you wrote to the bank.

Thank you and very well done....

Teresa xx

[mariejader]

What did you receive back from the court that enabled you to do that?

 

You should have received from the court a N24 (general form of judgement order) if you have this my copy said "claimant may enter judgement forthwith"

 

So have you now submitted a Warrant of execution? What did you receive back from the court that enabled you to do that?

 

I completed the request for judgement which is at the bottom of the notice of issue (don't forget to add your cout fees and any interest due up to date of judgement), I would not worry about a warrant just yet.

[mariejader]

At what stage did you send in the letter asking for the defence to be struck out and could you give me an idea of what you wrote to the bank.

Thank you and very well done....

Teresa xx

 

At the AQ stage, details of what I did are all listed in this topic I would suggest that you read it through and it will answer your question.

[Buby x]

Am new to this site so how do I find the AQ site where you posted your reply to the court

Teresa xx

And thank you