Drysdale v Abbey

[Drysdale]

Just found this website after launching my claim through advice from Martin Lewis' MoneySavingExpert.com.

 

I am claiming for £425 including court fees. I am not claiming interest. I know this is a puny amount compared to what some of you are claiming - but the principle is the same.

 

I am at the court stage now, and after acknowledging my claim Abbey have filed a defence against me. The main points as usual - that I've gone overdrawn on numerous occasions, and even if the charges are disproportionate that I am still liable to pay for proportionate charges (is just me or do people think it is silly for Abbey to acknowledge the charges 'may' be disproportionate )

 

Anyway - I am waiting for my allocation questionaire after receiving Abbey's defence through the post the other day.

 

Anyone else at this stage? My hearing will be in the Northampton County Court - if anything I am looking forward to it, if it gets to that stage!

 

What is the usual procedure now?

[KnellyK]

Hi Drysdale

I'm at the same stage as you, got defence from Abbey this week and expect to hear from court soon! 'Robdblynd' is at the same stage too.

Have a read of some of the threads, the FAQ's and step by step guide, you'll pick up loads of tips!

 

Good Luck

[suecrill]

Hi

I am at the same stage AQ to be filed in Peterborough CC by 8th May

Sue

[Drysdale]

So let me clarify my completion of the AQ..

 

N149 - Complete as necessary

 

To include:

Court Bundle (relevent legislation, statute, OFT etc)

Draft Order for Directions (section G)

 

Is this correct or is there anything I'm missing or should be attaching?

 

I understand if the court agrees to the Draft Order that a Statement of Evidence is completed and sent.

 

What exactly do I send to Abbey?

[Drysdale]

*bump*

 

Also, in addition to the above post..

 

Abbey have recently charged me a total of £230 for going overdrawn. This was AFTER I launched a claim with the courts, and the amount still stands as the original amount.

 

Can I add this additional amount to the claim or is this a separate claim via the courts? Would I have to go through the whole process of writing or can I 'slot it on'?

[Drysdale]

bump

[Robdblynd]

I think you can add this in but you have to fill in application form (think it's N244) which costs £35 (not re-claimable) or you could try negotiating it at the settlement call you're sure to get soon.

 

Good luck.

[Drysdale]

Hey all.

 

Here's where I am..

 

I have received a letter from Northampton County Court stating that the claim is being transferred to the Milton Keynes County Court (my local court) and that the Judge has withdrawn the need for an allocation questionaire. Is this normal?

 

That was over 3 weeks ago - I haven't heard anything. I rang the court a couple of weeks ago who said just to wait for a court date!

[Drysdale]

ALSO! Need your help on this guys....

 

Since putting my claim through, Abbey have charged me an additional £250 (approx). This is equal to half the amount of my original claim amount! Now, do I add it to my claim formally or negotiate it on final settlement?

 

ALSO--

 

Please, someone must know this answer to this: Is it Abbey policy for them to inform you in writing before they take money out of your account? I have been charged on 3 consecutive times without Abbey writing to me to tell me. It also seems I have been charged for going overdrawn a month and a half after going overdrawn!

[Robdblynd]

You can't alter your claim after filing unless you fill in the N244 I mentioned in my previous post (#7). You could try to get it included in your settlement when they contact you, as they surely will. Or fill in N244, pay the £35 which you can't reclaim and have the £250 added to your claim.

 

As for informing you, as far as I'm aware they are supposed to write and tell you everytime you incur a charge and then on your statement it will tell you an amount and a date when the charges will be taken from your account. They usually detail each and every charge by the date the 'offence' occurred, the amount and what it's for. I've always had notice in writing but because of the way they operate, you get the notice of charge one month and the charge actually comes out the following month.