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Notty

Been to Court Today!

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Thanks Gizmo. I have been on the website and put in the letters and numbers for a search but I cant find it! Sorry if I'm being think but help please.

 

No worries - your PM is full try this link Current credit card default charges unfair


Consumer Health Forums - where you can discuss any health or relationship matters.

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Thanks again Gizmo, got it!

 

On the OFT summary (I have printed off the 32 pages, not sure if that was right or if it was the 3 pages) it does mention the UTCCR 1999 and the UCTA 1977 but as my account is a business account I am not supposed to include the above in the bundle will it be okay in the OFT summary. Do appreciate your help.

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I have just finished my court bundle and I am sending it off tomorrow. Would someone please put my mind at rest, so that I can sleep tonight, that it is okay to send.

1. I am a business account so I have taken out the UTCCR and UTC act as advised. Is it okay to send the OFT summary as it does refer to the two acts?

 

2. I have had two payments from Abbey and informed the court of them but on the witness statement do I put in an amended figure to show the two payments or leave it as it is on the original schedule of charges.

 

3. Do I alter the schedule of charges to show I have been paid the two amounts.

 

4. And finally I have included in my bundle the following:

 

Index page, Witness statement, Schedule of Charges, Bank Statements, Relevant Case Law Summary, EDM, Dunlop v New Garage, SOGA 1982, OFT Statement of Summary.

 

Please could someone tell me if that is correct?

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Hi there you probably have prepaired to take it but not written it down as so, your corresponadance to and fro banks to show you exhausted every avenue before taking this action, the rest looks fine.

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Thanks for your reply George. Yes I did forget to write down the correspondence but I do have it all together.

 

Can anyone help with regards to the other points please?

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Can anyone help with the above please as I have to send off my court bundles.

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Hi Karn

 

Thanks so much for that. Sorry I pm'd you as well, please ignore.

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I have my court bundle x3 ready to send off to Abbey and court on Monday. If someone could just confirm:

 

1. if you need to send Abbey's defence as part of your court bundle?

 

2. the bit at the end of some witness statements says the following, but its

not on every statement. Should it be on or not?

(11. I would respectfully ask that the Court, in this case, notwithstanding allocation to the small claims track, order standard disclosure.

a. The Defendant to file at the Court office and serve me with a list setting out how charges have been calculated.

b. I understand that it is in the Courts discretion to do so.)

 

3. i didnt take a copy of my AQ (filled it in by hand as the computer was down). Will it be a problem?

 

Thanks again for all your help with this.

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Just one more thing, honest. I have the bundle ready to go but I am just worried that the SOGA 1982 should it be included or not? It refers to the UTCCR and UTC act at the bottom of the page and as I am a business and cannot send these I am just worried about sending the SOGA 1982? Thanks for all the help. It has been a real hard slog for this bank. I wish they were more like Halifax they paid up before the court allocation, great.

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Can anyone help me please on this last point as I need to post off tomorrow.

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Can anyone please just help me on this last question before I send of the bundle. (See above thread)

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Hello can anyone help me with this please. I have to send this off today and not use if I should include the SOGA 1982 act as I am a business

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I have a court date for the 7th March. I have sent the bundle nearly 2 weeks ago but not had anything from the court or Abbey. The 14 days before the court date is this Tuesday. If I dont get a copy of their bundle by then is it worth writing to them (dont think there will be enough time) and writing to the court with the "Strike out Defence due to non complicance bundle"?

Would it just be a wait and see and should I just go to the court hearing on the 7th?

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by most accounts on here abbey dont send the defence bundles if you havent heard by tuesday ring the court to see if they have recieved one if not then i believe ringing the courts is in order to see if abbey have filed with them

 

Not sure now of how u stand from there if you have to wait for court date or if you can request to have the defence struck out for failing to comply but the courts should be able to tell youi this better than i can I will see if i can find a mod or someone about to advise you better than i can

 

Ok spoke to someone more knowing than i on this via the site chat and i am basically on the right lines check on tuesday to see if the courts have recieved abbeys bundle if not get in touch with whomever it was dealing with your claim via email or write to them you could phone but unless you can record it you have no proof as to what was said or that you did indeed phone and ask where your bundle is if you have no joy then there is a letter in the templates library to send to the courts asking for judgement on the case in your favour due to non-compliance by abbey http://www.consumeractiongroup.co.uk/forum/post-479228.html


MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

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Thanks for the reply Newbody. I have just phoned the court and they have not had a copy of Abbey's bundle. In your thread you said to email Abbey see where it is but I read a thread earlier, from Karnevil, which said not to ring Abbey, so I am a bit confused. Karnevil said to send the letter (Non complicance) to the court but again I have read that Abbey could go for a Stay? Not sure what to do next any advice please?

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Hi Notty

Sorry I am not offering advice do you mind me asking what your bundle consists of I have to send mine to Abbey and Court for the 8th March only received the letter today. I am about to go abroad and a little panicked as bad timing .

Thanks

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wilkiw for court bundle here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

Notty reason said to email them is so you have proof of what is said and i believe that is why karnevil said in other threads not to phone them as you will have no proof as to what said or that you did indeed phone them

look at the draft letter for striking out the defence for failing to comply and hopefully it will help point you in the ditrection to go http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html#post479228


MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

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Just wanted to let the people who are still waiting that I've won!!! If I can do it anyone can. I had my letter this morning saying they would pay the full amount plus costs. They have to raise a cheque and will either deposit in my account or send it to me. My court date is for Wed 7th March so there is still time. I will not cancel the court until I have the money. I think it gives everyone else a boost when you see others win. I, like loads of others, thought I would be the first one in the dock! Anyway the last couple of days I have had the 48 virus that is doing the rounds, lost my voice, my dog has had six pup, and I think I might call one ABBEY.

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CONGRATULATIONS

please complete our survey

donation? ;)


 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Congrats, when did you submit your court bundle? I am just doing one for the mother-in-law which has to be in by Friday so panicing a bit myself!!

You just think you are going to be the one they will go all the way with!!

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well done notty... had aknowledgement from abbey for mine so now i am awaiting the next phase... can u give us sime time scale of events and what did u claim for inc what tintrest u went for??? well done :D

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I sent my court bundle in nearly two weeks ago. The judge had said on his directions 14 days before the court date which should have been the 21st February. Abbey didnt send anything to me or the court so I sent a letter to the judge yesterday to tell them I hadnt received anything. It does seem an awful long time ago that I filled in the AQ. I started with Halifax in March last year and they paid up (a doddle compared to Abbey) in the August. I then started the Abbey claim in September last year and the court date is a week away. Whew am I relieved. I claimed the 8% interest on both claims and Halifax and Abbey have paid it. Good luck with your claims. I know its daunting, especially the court bundle. I thought I would get laughed out of court with the one I sent but it was obviously okay. My account is a business account as well that made me a bit nervous that I was doing it all correctly. Karnevil has been such a great help and I want to thank her/him. As soon as I get the cheque I will donate as I did with Halifax and its worth every penny to keep this group going!

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I agree totally. I also won with HSBC and Alliance thanks to this website and again donated. Will be spending some of the in-laws money too WHEN we get it. Let's hope it is the same for her then!! Thanks again.

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Well done


Nat West Settled 2 acct's before action:

 

£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007

 

Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07

 

14/02/07 N1 filed @ local court

21/02/07 issued claim

23/02/07 deemed served

25/02/07 Abbey acknowledgement defend in full.

19/03/07 defence + 50% GOGW

13/04/07 AQ final day for submission

30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"

01/05/07 Judgement order

8/05/07 Warrant of Execution requested

 

 

Media coverage :D

 

http://news.bbc.co.uk/1/hi/business/6701231.stm

 

http://www.newburytoday.co.uk/News/Article.aspx?articleID=4505

 

 

If you find my post helpfull then please click my scales:)

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