Jules1973 v Abbey

[jules1973]

Hi,

 

I have had my statements and Abbey's response was they would be taking 4 weeks to investigate. The 4 weeks passed and they just sent me another one saying it will take another 4 weeks. Should I just go to the court and file the claim?

 

Dont let them dictate the timeframe, stick to your schedule as this is their standard fob off. if you have already sent both your prelim and letter before action, then start the court proceedings.

 

have you started your own thread? if so, let us know what it is and we can keep track on how you are doing.

 

good luck

[jules1973]

Thanks Louis

 

I thought that was the case, just needed to make sure. Thanks for the advice on the court bundle. Your help once again is appreciated.

 

julie x

[Guest louis wu]

happy to help as always:)

[newbody]

Quick question

 

 

I printed off the judges judgement in the berwick case and i must admit, I am still a wee bit worried. Unless I have overlooked something, I cannot see what Kevin Berwick did that is so different to anyone else. He seemed to include everything in this court bundle that we are all doing and still the judge threw it out.

 

 

the bit that differed in this was Kevin didnt see it as he was in default(breach) of his contract when he went overdrawn whereas we all agree say it together Yes your honour it was my breaching the terms and conditions by trying to make drawings against my account that invoked these charges/fees:)

On abbey T&C's under overdrafts it mentions that if you overdraw your account when they have not given you an overdraft you are in breach of these condtions, does that only apply to if you havent got an overdraft, as when it mentions about exceeding your OD limit, it doesnt mention the line about being in breach of conditions?

hope the following helps highlighted the bits i believe relevant

6 Overdrafts

 

6.1 You can apply for an overdraft on your Account. If we give you an overdraft we will tell you your limit and the interest rate applicable. We can change your limit at any time, or the rate applying to your overdraft in accordance with Condition 5.4. We can also require you to repay your overdraft at any time. As long as you have not exceeded your overdraft limit, we will wherever possible give you at least 28 days' notice.

 

6.2 We also have the right to pay off or reduce an overdrawn balance on your Account by transferring funds from any of your other accounts with us (other than a mortgage account).

 

6.3 An unauthorised overdraft occurs if without our agreement you overdraw your Account or exceed the limit of an overdraft which we have agreed. If you overdraw your account when we have not given you an overdraft you are in breach of these Conditions and must immediately pay sufficient money into your account to put it into credit, taking account of any interest and charges you will have incurred. Similarly, if you exceed the limit of an overdraft which we have given you, you must immediately pay sufficient money into your account to bring yourself within your overdraft limit.

 

6.4 If you have an unauthorised overdraft, you will be charged as set out in our Tariff of Charges or specified to you and these may include fees for transactions we are unable to process due to lack of available funds in your Account.

[kev2b3]

hi jules 1973

wow you dont mess about,i havent thought about my court bundle yet.i suppose its better to start early so that there are no mistakes later on. i noticed that you didnt mention t&c in your bundle,is that because you dont think its needed in the bundle.

one more thing, i hope you dont mind be popping into your thread now and again, you and louis wu are helping me out a great deal.

[jules1973]

Pop in anytime you want, i will subscribe to yours to see how you are doing.

 

I am trying to locate t&c's from 1997-1998, if not I will just include a copy of their latest ones, and a couple of other examples from years ago to show that even in 2002 and current date, they are practically the same T&C's

 

Julie

[kev2b3]

many thanks jules1973, if you find the t&c for 2002 let me know thats the year i am after.

[jules1973]

Kev

 

read post #79 on my thread, it links you to a website which lists t&cs from various months and years.

 

Regards

Julie

[kev2b3]

Kev

 

read post #79 on my thread, it links you to a website which lists t&cs from various months and years.

 

Regards

Julie

 

cheers jules1973 got what i wanted.

[jules1973]

Just filling in the N1. Where it says Defendents name and address at the bottom of page one, do I still need to fill this in if I have already put their details in at the top of the N1 form under Defendant(s)?

Also at the box at the bottom (opposite where it asks for defendants address) it states

Amount Claimed (Do I put Charges + Interest in this box or just the charges)

Sorry if it is obvious, just want to get it right.

Court Bundle

Also, the Office of Fair Trading Report 2006 - I have gone on their website, is it the one that is around 34 pages long? Also, are there any specific points that I should highlight or is all of it relevant, and therefore just leave it for the judge to read?

Also, can I put in my bundle details of previous claims that Abbey have settled before going to court (using case numbers from CAG Website) to show the judge that Abbey have always settled beforehand, or are these best put in the AQ or would it be advisable to put them in both?

Also found this link, hope that people can use it in their court bundle http://www.libdemsinbusiness.org.uk/news/000749.html, this is also a good one, a High Court Judge is getting sick of banks using the court system http://news.bbc.co.uk/1/hi/business/6653757.stm

[Guest louis wu]

Hi Jules

 

Where it says Defendents name and address at the bottom of page one, do I still need to fill this in if I have already put their details in at the top of the N1 form under Defendant(s)?

 

I have always put Abbeys address in there as well

 

 

 

Also at the box at the bottom (opposite where it asks for defendants address) it states

 

Amount Claimed (Do I put Charges + Interest in this box or just the charges)

 

This is charges plus interest, basically everything your claiming EXCEPT the court fee.

 

 

Court Bundle

Also, the Office of Fair Trading Report 2006 - I have gone on their website, is it the one that is around 34 pages long?

 

If you follow this link, its a 3 page summery, I think that should suffice

 

OFT Summary

 

 

Also, can I put in my bundle details of previous claims that Abbey have settled before going to court (using case numbers from CAG Website) to show the judge that Abbey have always settled beforehand, or are these best put in the AQ or would it be advisable to put them in both?

 

Have a look at this, its perfect for your needs

 

 

http://www.consumeractiongroup.co.uk/forum/general/64871-spreadsheet-claims.html

 

you may need to download the reader, but thats easily done.

 

 

 

 

hope this helps

 

Louis

 

 

[sutherm]

Gr8 stuff Julie, I have already printed it off to include in my stuff !

 

If I remember correctly, I just put the same info at the address part at the bottom of the N1, and I put both charges and Interest, Hope someone replies so I know I have done it right !

I send my LBA off tomorrow, not that I expected to , but heard nowt from Abbey.

 

Melissa

[Elky]

For anyone still awaiting statements prior to December 2004, (like me), here are the email addresses of two of the staff there and a couple of other contact names.

 

Both email address are correct as Debbie Waghorn sent an out of office reply, she is not in until Thursday 3rd May, and Jackie Scott reads the emails sent, as I had a message read delivered back to my computer.

 

Other contact names there are Dave Humphreys and Maxine Watts, in case people want to be a thorn in their side by emailing them as well as sending them letters.

 

I sent them a reminder email this morning (attaching the letter that I sent recorded delivery last Thursday) asking for my missing data from Jan 2001-2003 to be sent as a priority and prefably by recorded delivery, as their 40 day deadline had long gone, and I politely told them I had already filled in the complaints form and prepared the bundle ready to send to both the Information Commissioner and FSA if I hadnt received the info within the next couple of days.

 

Hopefully this will move their butts along, but won't hold my breath.

 

Hi

 

Forgive me for being thick but where are the email addresses?

 

Cheers

 

Elky

[jules1973]

elky,

 

the email addresses are [email protected] ie [email protected] etc

 

Hope this helps and good luck

[jules1973]

Louis

 

Once again, thanks for being mine and many others saviour.

xx

[jules1973]

When i try and open the link to the settled cases it doesnt show up the cases with their case numbers. I am currently using excel 2003 at work so it should work shouldnt it?

[sutherm]

I opened it OK, there are 3 tabs at the bottom of the spreadsheet, One for just costs and the other one is all cases with the case numbers and total?

[jules1973]

I may have to try it at home, (might not be able to read it and cannot download programmes onto pc at work). If not, melissa are you able to save it into excel or word and email it to me. if you can, I will PM you with my email address. thanks in advance

[jules1973]

Its okay melissa, PC was having a glitch for about the 6th time today, I have rebooted it and the tabs at the bottom have now appeared.

[sutherm]

This may be a really stupid question, but when you print off the court bundle, the 'Contents' page does not print? Is it not supposed to and I have to draw one up myself?

Also, do I seperate each section and list it on the contents seperately. Just had a quick look through it all and it is way to intelligent for me, it all goes over my head

[Elky]

elky,

 

the email addresses are [email protected] ie [email protected] etc

 

Hope this helps and good luck

 

Cheers but they bounce back as undeliverable. Maybe they have changed their email addresses now??

 

Elky

[Guest louis wu]

try a full stop between the names ie [email protected]

 

sometimes works, and you have to be careful about shortened names, ie, is it jackie or jackeline? (or whoever your trying to contact)

 

Louis

[jules1973]

This may be a really stupid question, but when you print off the court bundle, the 'Contents' page does not print? Is it not supposed to and I have to draw one up myself?

Also, do I seperate each section and list it on the contents seperately. Just had a quick look through it all and it is way to intelligent for me, it all goes over my head

 

i couldnt get the contents page to print off, when I am at work tomorrow I will email you my contents page and how I am going to list it. Had my standard letter today from Abbey, lba letter is due to go off this friday.

[jules1973]

Cheers but they bounce back as undeliverable. Maybe they have changed their email addresses now??

 

Elky

 

Sorry Elky, my mistake it is jacke.scott or debbie.waghorn.

[sutherm]

My Lba goes off tomorrow to! Thanks for contents page, would you e mail it to me at work pls [email protected] all my stuff for this is at work as i don't have access to a printer at home!

 

thanks Julie