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onevodka v abbey


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help! am new to this so please bear with me if I make a few errors...

been reading this site avidly for weeks and finally decided to "get on the pich" and post my queries...

filed a claim against abbey on 12 march 07. they have lodged their defence on 29th march and I am waiting for AQ. In the meantime, I could do with clarification of the following if anyone can explain:

re: draft order for directions

© statement of evidence of all matters relied upon as tending to show that the charges are unrecoverable as penalties or otherwise

what does this mean, basically?

also:

re: AQ

claimant to supply schedule setting out each charge, showing date, amount and reason given for charge being made

I have copy statements showing charges being made but cannot remember WHY a particular DD failed (6 years ago!) - do I have to suppoly reasons why?! any help gratefully appreciated.

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help! am new to this so please bear with me if I make a few errors...

been reading this site avidly for weeks and finally decided to "get on the pich" and post my queries...

filed a claim against abbey on 12 march 07. they have lodged their defence on 29th march and I am waiting for AQ. In the meantime, I could do with clarification of the following if anyone can explain:

re: draft order for directions

© statement of evidence of all matters relied upon as tending to show that the charges are unrecoverable as penalties or otherwise

what does this mean, basically?

also:

re: AQ

claimant to supply schedule setting out each charge, showing date, amount and reason given for charge being made

I have copy statements showing charges being made but cannot remember WHY a particular DD failed (6 years ago!) - do I have to suppoly reasons why?! any help gratefully appreciated.

 

 

 

 

Here is the link for the statement.

http://www.consumeractiongroup.co.uk/forum/post-482151.html

 

 

The second question is your spreadsheet basically. like unpaid dd 23/03/07 £30

 

 

 

 

 

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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Hi,

© statement of evidence of all matters relied upon as tending to show that the charges are unrecoverable as penalties or otherwise

what does this mean, basically?

It means Post #3 paras 9-11 here : http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html

The UTCCR (to which it refers) are here : Statutory Instrument 1999 No. 2083

 

You can embellish it with further evidence (but just icing on the cake really)

EDMDetails

EDMDetails

Reports

http://www.publications.parliame nt.../1717/1717.pdf

http://www.oft.gov.uk/NR/rdonlyres/2...E/0/oft842.pdf

http://www.publications.parliame nt...sy/274/274.pdf

Provisional Findings report -Northern Irish personal banking

BBC NEWS | Business | Are penalty charges bank robbery?

 

As for the AQ bit (reason for charges), just include in your schedule the text against each charge which is given in the statements/microfiche which Abbey sent you (or you already had). If someone later says that's not enough detail (although I can't see why they should) you just say that this is all the detail which Abbey provided in response to your original SAR. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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thanks.

reading back through other threads I'm wondering if I've been a bit hasty with my timescale - as follows:

16/2/07 letter to abbey requesting refund

27/2/07 letter again to abbey requesting refund or threatening legal action

no reply so 12/3/07 filed claim with mcol

13/3/07 abbey paid £70 GOGW into my account with a further cancellation of charges yet to be taken of £85

18/3/07 letter to abbey saying thanks for part payment but again requesting full refund of all charges. pointing out to them interest incurring on daily basis etc. and will continue to pursue remainder of charges through claim filed on 12/3/07 - seems I only gave them 13 days from LBA to filing claim, will that cause me a problem if it gets all the way to court?

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anybody there ?!

also - can anyone tell me di I need to send abbeys defence to the court

or will they do it themselves ? only my mcol status has not changed from

'acknowledged' yet and I received abbeys defence on saturday...

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Nope MCOL will change the status online of your claim. You dont need to do anything with that. They update that bit............ I dont understand when you say, DO YOU NEED TO SEND ABBEYS DEFENCE TO COURT, Abbey will submit their defence, (when they do, you get a copy and court will get a copy) not sure what you mean really. ? Enlarge if you can. Fendy x

NATWEST BANK CLAIM - £16,100.00 WON

ABBEY BANK - £5500.00 WON

CAPITAL ONE VISA - £1800.00 WON

HUBBYS CAPITAL ONE VISA £2012.00 WON

TOTAL WON TO DATE: £25,400

*************************************************:D :D

NATWEST BANK -CLAIM 2 PRE 6 YEARS- ONGOING

ABBEY BANK -CLAIM 2 PRE 6 YEARS - ONGOING

YORKSHIRE BANK - AT SAR STATUS

HALIFAX CREDIT CARD - AT SAR STATUS

PLENTY MORE TO START LATER.

STRENGTH IS SOMETHING YOU CHOOSE IN LIFE, ITS A CONSCIOUS CHOICE YOU MAKE, YOU ARE NOT BORN WITH IT. YOU LEARN IT.:D :D

 

STRENGTH, YOURE NOT BORN WITH IT, YOU LEARN IT :confused:DUE TO WHAT LIFE DOES TO YOU. :)

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Abbey will have sent a copy to the court and you should get an acknowledgement from the court fairly soon saying that abbey have filed a defence along with another copy of abbeys defence. i'm not sure what mcol will do next ie wether they will send your case to your local court or not. The reason for the time limits on the prelim and lba are to show that you gave abbey a chance to sort things out, i don't think a day or to either way will have to much effect. { although i stand to be corrected if anyone knows different}.

 

pmahonc

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Nope a day or so makes no difference. It wont cause you any probs with court or anything. Fendy x

NATWEST BANK CLAIM - £16,100.00 WON

ABBEY BANK - £5500.00 WON

CAPITAL ONE VISA - £1800.00 WON

HUBBYS CAPITAL ONE VISA £2012.00 WON

TOTAL WON TO DATE: £25,400

*************************************************:D :D

NATWEST BANK -CLAIM 2 PRE 6 YEARS- ONGOING

ABBEY BANK -CLAIM 2 PRE 6 YEARS - ONGOING

YORKSHIRE BANK - AT SAR STATUS

HALIFAX CREDIT CARD - AT SAR STATUS

PLENTY MORE TO START LATER.

STRENGTH IS SOMETHING YOU CHOOSE IN LIFE, ITS A CONSCIOUS CHOICE YOU MAKE, YOU ARE NOT BORN WITH IT. YOU LEARN IT.:D :D

 

STRENGTH, YOURE NOT BORN WITH IT, YOU LEARN IT :confused:DUE TO WHAT LIFE DOES TO YOU. :)

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cheers fendweather and pmahonc

I'll just wait for mcol to 'update' then.

I was just worrying that I wasn't doing something I should be!

Every now and then I have a bit of a panic with this - thinking I'm sure

I'll mess it up and forget to do something vital. Be so glad when its over... !

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But it will be worth the worry and the work put in. Fendy xxxx

NATWEST BANK CLAIM - £16,100.00 WON

ABBEY BANK - £5500.00 WON

CAPITAL ONE VISA - £1800.00 WON

HUBBYS CAPITAL ONE VISA £2012.00 WON

TOTAL WON TO DATE: £25,400

*************************************************:D :D

NATWEST BANK -CLAIM 2 PRE 6 YEARS- ONGOING

ABBEY BANK -CLAIM 2 PRE 6 YEARS - ONGOING

YORKSHIRE BANK - AT SAR STATUS

HALIFAX CREDIT CARD - AT SAR STATUS

PLENTY MORE TO START LATER.

STRENGTH IS SOMETHING YOU CHOOSE IN LIFE, ITS A CONSCIOUS CHOICE YOU MAKE, YOU ARE NOT BORN WITH IT. YOU LEARN IT.:D :D

 

STRENGTH, YOURE NOT BORN WITH IT, YOU LEARN IT :confused:DUE TO WHAT LIFE DOES TO YOU. :)

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I hope so. Abbey have caused me SO many headaches in the past!

and still are to be honest. They got me with another charge last week even tho' I got the cash in to the account by lunchtime. Bounced the cheque, said it was too late. How can it be too late for Abbey, but Halifax and the Yorkshire will let you pay cash in to cover a DD or cheque on the same day, before the close of business... Grrrrrrrrr.

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if i remember correctly there used to be a rumour that abbey used to apply debits before they applied credits because that way they could catch more people with charges until they were told to stop it.

 

pmahonc

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help! have just received today in post 'notice of transfer proceedings' to my local county court (oldham - not a problem) ATTACHED TO THIS IS THE FOLLOWING: court of transfer: BOLTON court Code 288

Before District Judge Murdoch sitting at Northampton County Court

without hearing

It is ordered that the filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise

WHAT DOES THIS MEAN ? WHY NO AQ?!! I've just got in from work and opened my post and its too late to ring the court (they close @ 4pm) any help from you guys would be very gratefully received...

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just in case I've confused anybody, my question is: why does the top copy letter say court of transfer is oldham county court yet the attached one says court of transfer: Bolton (and filing of an AQ to be dispensed with) why would filing of an AQ be dispensed with? I'm getting very paranoid - maybe I'll be Abbey's test case...!!!

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