Sabine1504 - V - Abbey ***WON***

[Sabine1504]

Hi All....I was advised to start my own thread rather than my first posting "defense"....so here it goes!

 

I first wrote a letter to Abbey last October, praying on their kind nature (!) and hoping they would pay me back at least some of the money they kept deducting out of my account. At some point in January 2007 they finally replied and gave me back £70 as a good will gesture.

BUT....in the meantime I had found out that what they were doing was actually very WRONG...so I had already sent the standard letter as can be found on many websites. Of course I got the standard letter back in reply saying they would endevour to investigate my complaint within 4 weeks...etc.etc.etc....YAWN.....I won't bore you with the details, you all know those!! I then wrote back saying I would accept approx. 75% of my claim OR I would take them to court. Of course no reply so I took them to court...(YIKES, HOW SCARY)....

 

Abbey have entered a defense and have asked me to supply all details again as they are finding it difficult to locate my original claim.....hmmmm.

But this is now ready and will be sent to them tomorrow.

 

In the meantime I have also had a letter from the courts stating that Abbey has entered a defense. But it's not asking me to fill out any questionaire...infact, that part of the standard letter has been crossed out....I find that odd, as everyone I read about has had to fill one of those out? Does that mean anything?

 

Anyway, no court date yet.....no more correspondence; I suppose I have to now sit back and await Abbeys defense...

And I'm afraid.......proper girly afraid!!

[Guest louis wu]

Hello, dont be afraid, well ok, but only a little bit.

 

The lack of an AQ seems to be more and more widespread, and is the courts way of speeding the process up, personally I think they know the banks will settle, so whats the point in them sending out pointless documents.

 

Abbey always ask for more copies of your claim details, IMO, its best to send them, its only the cost of a stamp and keeps everything above board.

 

We've all been a bit apprehensive at the thoughts of taking the bank to court, but you know they wont let it get all the way, and the satisfaction at the end is fantastic.

 

I know its hard, but try to enjoy it, after all its nice to turn the tables on Abbey isn't it.

 

Best of luck

 

louis

[Sabine1504]

Well, I have sent off the relevant to Abbey today. I also tried to contact the court today, but couldn't get through. It kind of worries me that their letter is so very vague. It just tells me that the case has been tranferred to my local court and that Abbey has put in a defense. It does not mention any time scales, what happens next, what I am supposed to do - if anything...... I don't like vague...

[Guest louis wu]

You will get another letter from the court you have been transfered to, with instructions as to what to do.

 

Various options open to the judge, too many to list, so post again when you have it, and we'll work out whats required.

 

It will be ok, honestly. Best of luck

 

Louis

[Sabine1504]

Thanks Louis, a bit of reassurance is just what I need:-)

[Sabine1504]

Update 24-4-07..........I had a letter from my local court today saying:

 

Before District Judge D J R WEston sitting at Kingston-Upon-Hull County Court, Combined Court Centre.....

 

Under the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

IT IS ORDERED THAT:

The Claiment to file fully paricularised particulars of claim by 4th May 2007 or the claim be struck out.

Dated 13 April 2007

 

WHAT THE HELL DOES THAT MEAN???? HELP.....................

[Guest louis wu]

I think I would be inclined to phone the court first thing.

 

In the meantime, have a look to see if the info here is useful, I would have a look myself, but just finished my night shift and need sleep.

 

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

 

Let us know what the court says, if you have continued problems and no answers here, let me know, and I will ask a couple of people I know if they can help.

 

Louis

[livelylad]

Hi can you post a copy of your POC and from which site did you get it?

[Villafan]

Hi,

 

Did you send a schedule of your charges to MCOL when you issued your claim? I saw a similar post yesterday where the claim had been struck out due to lack of evidence....not sure if this helps but thread is

 

CHLOEJ case struck out --- help.

 

(sorry still can't get my computer to add link although did yesterday!!)

 

Villafan

[Guest louis wu]

try here:)

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/84420-case-struck-out-help.html

[Villafan]

try here:-)

 

case struck out - - -HELP

 

Thanks Louis... I think I need to invest in a new computer when my claim is settled!!! Managed to get the link bit to work yesterday but not today!! Hey ho!

 

Villafan

[Sabine1504]

What's a POC? And I sent the full schedule of claim (spreadsheet) to Abbey a while back and have just resent it as they asked for it. This is the first thing the court has asked me for....I haven't had to fill in any questionaire

And I got my initial from here:

Bank charges: Reclaim them, they're unlawful, so you can get six years money back | MoneySavingExpert: Consumer Revenge, Credit Cards, Shopping, Bank Charges, Cheap Flights and more

Also, it has a template for calculating the interest.

 

I will look at the links above...........thanks people!! And I will call the court tomorrow morning.

[Guest louis wu]

POC - particulars of claim. the bit where you tell the court why and what you are claiming.

 

Louis

[Sabine1504]

Please Note

REFERENCE COPY.

To be used at the Court for identification

purposes only.

signed

Claim Form

Claimant

Address for sending documents and payments (if different)

First Defendant

Particulars of Claim

Amount claimed

Court fee

Solicitor™s costs

Total amount

Issue date

Second Defendant

Court Address:

In the

County Court

Claim Number

Claim Description

Does, or will, your claim include any issues under

the Humans Rights Act 1998?

No Yes

The defendant has limited time to reply to this

claim form.

The defendant may defend this claim online.

For details see: www.hmcourts-service.gov.uk

or call 0845 6015935

I am the claimant - I believe that the facts stated in this

claim form are true.

Sabine Holliday

Bank Charges

NN1 2LH

Northampton

21-27 St. Katharine's Street

7QZ31015

Northampton

09/03/2007

3022.45

0.00

120.00

2902.45

Claimant

S. Holliday

Unlawful Bankcharges as detailed in my

letters from 26th November 2006, 16th

January 2007 and 16th February 2007.

X

MK10 1FA

abbey

Milton Keynes

PO Box 5885

40331632

 

This hasn't copied very well, and of course I have taken my address out!! I'm sure you're all very nice and all....but...;-)

Anyway, I suppose I simply assumed the courts would ask for particulars (which I suppose they have now) as there was NOWHERE on the site (money claims online) to say I had to send them with the initial claim.......am I making any sense at all????

 

[livelylad]

Is that your POC?

 

If so you really need to amend it.

 

Use the N244 to amend the POC it will cost £35 which you can not reclaim, however its better than having the claim struck out.

 

Here is the link for the N244.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

 

Here is the N1 use the POC from this and amend to suit your claim details.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

[Sabine1504]

Thanks, will do that tonight.....and there was me thinking I would get some ironing done:-)

Seriously, thanks for the help....I will still call the courts tomorrow and post again with what they say......

[Sabine1504]

Oh shoot............just looking at the form and no idea how to fill it out. I have Friday off....would it be worth me going to the court with it, would they help?

[Sabine1504]

Oh............and you can actually save the N1 onto your computer. Click on the "save" icon, change PDF to all files on saving........

and hey presto:-)

[Sabine1504]

Well, I didn't re-submit or fill out a new form. I simply sent all my spreadsheets - together with a covering letter - to the judge.

And today I have received a letter with a court date in the small claims court for 27th June. Together with an offer of free mediation - which I will attempt to go to; although I somehow do not think someone from Abbey will ??

Think of me and wish me luck!!

[GaryH]

Mediation is pointless - you have already tried to mediate before you filed the claim and they did not want to know. They won't pay until the court date is imminent and will view mediation as a further attempt to prevaricate and frustrate.

 

On the notice of allocation you will have directions which you need to comply with.

 

See here for help on that score, everything you need is linked -

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

[Sabine1504]

Hi Everybody.........well, I was going to send my defense off today, seeing the court date is 27th June. BUT.....on coming home from work there is a letter from Abbey waiting for me offering me £2500!!! And hell yes I will accept, thank you very much:-)

And I was CONVINCED I would go to court and lose!!

Thanks all!!! xxx

[Villafan]

Hi,

 

You won't lose but if you are happy with their offer then

Congratulations! If not, hang on in there cos you will get the full amount but it's your shout!

 

VF

[ICY]

Well done you, how much was your claim for if you dont mind me asking

[Sabine1504]

Thanks The total was for just over 2900 + the 120 courtcosts. But in my pre-court letter to the Abbey I said I would settle for 2500.

And I'm quite happy with that....