gillett vs shabbey

[gezzer123]

hi all

i need some advice i sent my prem letter on 03/03/07 and let the 14 days go and then sent the lba on 18/03/07 to which we reiceved a complaint leaflet (which is nice)no mention about the charges what so ever since then we have had threating letters asking for the checkbooks and cards which we handed in(no love lost) i spoke to a person called becky this morning as reguards to getting my money back (thought i ask outright just incase they said yes sorry have a full refund for a laugh)becky told me that they decline of giving monies back so i informed her i am taking them to court i have filled in and printed 3 copys of the n1 forms and including the s69 interst and going to courts on monday to hand in.

the advice i need is when i win i do not want the monies to pe paid into their a/c i want a cheque so i can put it in the parachute a/c how do i go about this and also since i started this action abbey have continued to put charges on this a/c even tho i have told them it is in dispute so how do i go about getting these extra charges back, in 3 months they have taken me well over my overdraft by 600quid do i start new action for these charges or is there a way i can add them to the existing claim, what im actually hoping for is that when i win the intial claim they will know i am seriuos and they wipe off the extra 600quid, anyway i will keep posting and good luck to you all this is a superb site and dont let them get away with it becuse its your money not theirs!!

[bennyowen]

If you have submitted your N1 claim form already, it is better to finish with this claim before commencing another case for the current charges.

 

You are not limited by the number of claims you can make. You can begin a second claim after your current one is completed with the same bank.

[gezzer123]

thanks for your reply bennyowen

i have not submitted the n1 forms as yet they are all completed i was going to submit them monday morn is there another way round it to get the extra charges abbey have put in the a/c or continue down the route of doin 1 claim settling that and then immediately start a fresh claim what would u do in this situation many thanks

[Michael Browne]

You can amend your claim right up to filing at court. Just re-do the N1 and amend the schedule of charges adding the new penalties. A faff, but worth it for £600

[gezzer123]

thank you michael browne

i think i will take your advice and get all the charges upto date and do new spreadsheets and new n1 forms and present them monday to the court many thanks

[gezzer123]

good morning to you all

i recieved this morning the notice of issue from the court i am really surprised at how quick it came i went to the county court tuesday afternoon and recieved notice on friday morning it will be interesting to see which route shabbey take (the most auckard one for me )they have until 4th may I say bring it on shabbey its time for the little man the banks are quick enough to take your monies and put you in debt but trying to get it back they will push you all the way good luck to you all dont let them get away with it i will continue to post and keep you informed of my progress

[Karne]

hey gezzer, nice to see your courts speedy. Look forward to your next update xx

[gezzer123]

thanks karne

i just hope everything else goes as smoothly but somehow something will happen but at least i can rest easy knowing i have the back up of this site if i get a spanner in the works

[bennyowen]

gezzer123

 

You are nearly there. Countdown begin..

[gezzer123]

hi to all

got an update i have recieved from my local cort(ashford)an n10 form

the defendant filled an acknowledgement of service on 23 april ,the defendant indicating an intention to defend all of the claim.

 

what is the next stage, what should i be doing i dont get a lot of time at home as i work away and i dont want to miss something or panic over nothing

[noobrider]

Its a waiting game now. wait for the court to advise you what happens next. Usual course of action is an allocation questionairre (AQ) although this is sometimes being dispensed with. If you have to submit an AQ check the recent update in the stickies around applying to strike out their defence as an abuse of powers.

[gezzer123]

hi to all

the situation at the moment is i have recieved my AQ and completed and got to send in tomorrow with the 100pound fee i have got there defence and ive seen on this great site that it is pretty much standard issue, everything seems to be going ok so far apart from one thing i have an overdraft of 1250pounds and with recent charges it has run upto 1800 pounds now i do have a parachute a/c which we opened before we started proceedings now i am pursuing 3800 pounds and i submitted the n1 forms on 17th april i told abbey the a/c would be cleared when i recieved the refunded charges they replied giving me the old rubbish of terms and conditions and then shortly after recieved a letter demanding back the cheque books and cards of which i had no problem so i cut the cards and cheque book up and returned them to our local branch now i started proceedings with ashford county court on the 17th april i have recieved a letter from a debt collecting recovery service working for abbey to pay the balance of 1800quid and any other charges,i am going to ring these people tomorrow and let them know that i am taking abbey to court for bank charges and that the account is in dispute and is going to court am i right in thinkin it has to be resolved at court before these people start knockin on the door the letter i recieved is dated 23may over a month after i started the claim is this bully boy tactics from abbey?? i would like some advice so i know where i stand thanks

[Michael Browne]

Don't phone, keep everything in writing. Send this:

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

Re: Account in dispute

 

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

 

This is now the subject of a claim (No. XXXX) in the County Court.

 

I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Yours sincerely,

[gezzer123]

thanks michael

your input is very much appreciated i didnt know that i would be takin on a debt recovery firm i am feeling a little worried if i send that letter will there be any repocussions as my wife will not know how to deal with it as i work away in london seven days at a time and i go tomorrow just feel might be going out of depth once again thanks for yor advice

[gezzer123]

hi all

i recieved this morning a letter from the county court notice of a preliminary hearing ont the 29th june i am a little concerned because im starting to feel like i am gettin out of depth can anyone tell me what this means or what can happen it says 5 minutes has been allowedfo the hearing this has thrown me off some what has anyone got any advice as what to do i have spent most of the day sorting my court bundle startin to feel a little unsure i need help guys:confused:

[ICY]

first of all calm down, dont panic, i havent done my bundle yet i dont think you will need the bundle for this as it is just a prelim hearing, although if i am wrong i apologise and someone will correct me

[bennyowen]

Go to this link for the way forward:

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523

 

You are nearly there.

[ICY]

thanks benny, i was trying to find that link but couldnt, damn this blurred vision pmsl

[gezzer123]

thanks guys for your help much appreciated

i have another couple of questions just finishing off my court bundle and i see that i must send copys of bank statements as well as list of charges the thing is i have loads of statements and microfiche must be a 100 pages at least have i goto photo copy the whole lot 3 times or can i just do a few copys so the judge can see that the charges are going out on the dates and cross reference them with my list of charges.

the other question is i read somewhere that i can claim for my time preparing the bundle @ 9.25 per hour is this correct and what is the max allowance,as you are aware i have a preliminary hearing on 29th june (friday)and i am trying to get it sorted as much as possible as we go on holiday on 18th june and come back on 25th june and i dont really want to take paperwork to turkey wife would not be happy

[gezzer123]

hi all

[gezzer123]

hi all

i have been very busy with my court bundle, it is nearly completed and that i have a preliminary hearing on the 29th june at ashford county court so i have been flat out with the court bundle what i didnt realise is that i didnt need the court bundle for this sort of hearing mind you for the last three days at this site i have learned an awful lot so it has not been all in vain i did however send the statement of evidence and a number of other documents along with the new draft order and witness statement to the court and to shabbey today following the aq which was sent on 30th may so they should get within 14 days as sent recorded and 14th day is wedensday so hopefully might get some news before we goto court which would be nice.

however i must say the amount of infomation i have for the court bundle is very impressive i bought 3 new folders from staples today and it must be in each folder at least 350 pages i printed the full report of the commision in northern ireland (200 pages) and the macarma interview plus all the cases won and loads of other documents i hope abbey have got plenty of time to go through that lot and i hope the judge likes a bit of bedtime reading there is some really good info in there my favourite has got to be the bbc report outstandin anyway these bundles will be on there way to the court by hand and posted (recorded) on friday 16th june and see what happens let battle commence

[gezzer123]

good morning campers

can anyone tell me am i right in thinking i dont need the big court bundle for the preliminary hearing am i right in thinking its just an informal chat with the judge

[ICY]

It wouldnt harm to take it along just in case, but no i dont think you need it

[gezzer123]

hi everyone

great news i have just got back from my holiday gone through the mail and no corrospondance from shabby recieved 1 letter the next day and it was shabby offering me full and final settlement of 3750gbp and the figure i was aiming for was 3925gbp that included the stationary and time etc, i do have 1 problem abbey have defaulted me and threatend debt collectors as i owe 1800 on overdraft which was charges anyway i can now pay that off i am waiting for the cheque how do i go about getting this default lifted we are due in court for a preliminary hearing 10am on friday should i ring abbey tell them to get the default lifted and if they refuse still goto court on friday i need some good advice from this great site

[noobrider]

only take that course of action if your POC included the request to remove he default otherwise you may need a seperate action to get that removed.