Do Abbey go to court?

[taylormandy]

I am helping my sister with her charges.

 

We are at the stage where we have returned AQs and the court date is set for 13th April.

 

I am just completing the bundles for her.

 

Do Abbey generally let it go as far as a court hearing?

 

I ask because I recently had to go to court for my own claim and found it very traumatic!

 

We have claimed for contractual interest at unauthorised rate, but we would be perfectly prepared to settle for statutory if it meant I didn't have to enter a court room again!

 

So - I would like to know if Abbey tend to push it to court, particularly if it involves contractual interest?

[hellhasnofury]

I am helping my sister with her charges.

 

We are at the stage where we have returned AQs and the court date is set for 13th April.

 

I am just completing the bundles for her.

 

Do Abbey generally let it go as far as a court hearing?

 

I ask because I recently had to go to court for my own claim and found it very traumatic!

 

We have claimed for contractual interest at unauthorised rate, but we would be perfectly prepared to settle for statutory if it meant I didn't have to enter a court room again!

 

So - I would like to know if Abbey tend to push it to court, particularly if it involves contractual interest?

 

Hello,

 

You are the first post that I have read that actually went to court. Can you clarify the reason why you had to and if you won the case. was it because you claimed the contractual interest.

 

I would truely appreciate your response.

 

I have read many threads on the Abbey Forum, but none have ended up in court,

[taylormandy]

Hi,

My own case was against Nationwide and it involved charges more than six years old, so I was using s32 of the limitation act 1980 to try and claim back these earlier charges. Sadly I lost.

 

But - my sister banks with Abbey and I'm not familiar with their tactics. We have a hearing for 13th April and I would like to know if I'm going to end up back in a court room on her behalf!

[KnellyK]

I was just going to say that I'd read loads of threads here and, whilst a lot of them state that they were preparing to go to court Abbey either offered a last minute settlement (very last minute in a lot of cases) or they didn't turn up!

But Hellhasnofury beat me to it!

knellyK:)

[taylormandy]

Thanks both of you! So it looks like it might be a very last minute thing then?!

[hellhasnofury]

I was just going to say that I'd read loads of threads here and, whilst a lot of them state that they were preparing to go to court Abbey either offered a last minute settlement (very last minute in a lot of cases) or they didn't turn up!

But Hellhasnofury beat me to it!

knellyK:)

 

 

Sorry knellyk,

 

In response to your court case, you lost, sorry to hear that, Can you not start the process agin and only claim within the limitations act, or was there another reason. Do you need to claim your charges under something else.

[Mad Nick]

Taylormandy, I agree with other posters that, as far I can tell, Abbey have never let it get to Court for a simple charges + 8% Statutory Interest claim. The steps yes, actually in front of Judge, no.

 

However, I know you're concerned, so at the risk of being pedantic some people have had run-ins in a Court building with Abbey's legal representatives - but only in relation to "complicating" factors like charges>6yrs, defaulted accounts and contractual interest. GlennUK springs to mind as a recent example - if I remember rightly, they ambushed him into separating the charges element of his claim from the rest (which from memory included removing a default). In summary, if you want to play safe because of your previous experience, I'd suggest just going for charges+8%SI. Regards, Mad Nick

[taylormandy]

Unfortunately, the appeal process seems v. complicated and I would be liable for their costs. So unfortunately I don't think I can take my own case much further. I have already got the later charges off them, I was trying to get these early charges back . Thanks for your interest.

 

 

I am just trying to sort my sister out now!

[taylormandy]

Taylormandy, I agree with other posters that, as far I can tell, Abbey have never let it get to Court for a simple charges + 8% Statutory Interest claim. The steps yes, actually in front of Judge, no.

 

However, I know you're concerned, so at the risk of being pedantic some people have had run-ins in a Court building with Abbey's legal representatives - but only in relation to "complicating" factors like charges>6yrs, defaulted accounts and contractual interest. GlennUK springs to mind as a recent example - if I remember rightly, they ambushed him into separating the charges element of his claim from the rest (which from memory included removing a default). In summary, if you want to play safe because of your previous experience, I'd suggest just going for charges+8%SI. Regards, Mad Nick

 

Just saw this Mick - yes I'm aware of what happened to Glenn. That's what has got me worried!!

 

How do you suggest I negotiate 8% SI at this late stage? I wasn't sure whether to lay low and see what happens, or be more pro-active and contact them. Do they tend to resist the contractual interest element? (I'd happily negotiate given my latest experiences!!)

[Mad Nick]

taylormandy, tricky at this late stage. One thought would be to formally amend your claim (file an N244). Costs £35. But whether you're too late in the process to do that I have no idea, and even if it was possible it would delay proceedings significantly (though that might not bother you). Two people who come across as knowing more than most about the legal process are Michael Browne and Advoc8 - you could try PMing them. My second & third thoughts were the same as yours, submit the Court Bundle and see what happens or try to negotiate (although you'd start from a position of weakness). Sorry I couldn't be more helpful. Regards, Mad Nick

[taylormandy]

Cheers - thanks for your help. I'll give it some thought over the weekend and work out what to do then!

 

The whole contractual interest malarky seems to have got so complicated lately, and having had one failed court appearance, I don't really fancy another.