Hugo07 v Abbey

[hugo07]

If anybody filled in the N1 form what tel number did you use please for the Abbey?

[Michael Browne]

You don't need to put a telephone no.

[hugo07]

Okie dokie thanks for all your help, just thought i read it somewhere! Thats fine anyways thank you!!

 

Could somebody please check this is correct for me:

PARTICULARS OF CLAIM

 

 

1. The Claimant has an account ******** with the Defendant which was opened on or around 1983.

 

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £303.50and any interest charged thereon;

 

b) Court costs;

 

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 29/12/2000 to 00/07/2007---- DATE FILE CLAIMof £ interest on day of claim and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 6.7p.

 

Kind regards

Hugo

[hugo07]

Hi could anybody please tell me if my POC is ok? as above

 

Cheers

Hugo

[Lula]

looks ok to me Hugo

[hugo07]

Thanks Lula, could i ask you if 1983 lol wasnt the exact year the a/c was opened as i cant remember exactly and i tried to find T & C's for that year and they turn out to be wrong could this affect my case or not? I think i read Abbey cases dont usually need them do they? so shouldnt be so much of a prob if a- cant find them in the 1st place and b- its the wrong year?

 

Cheers

[Lula]

i wouldnt worry too much about it as Abbey already admit to a breach of contract in their defence.

[hugo07]

Great!!! thank you!!!

[hugo07]

Right...N1 form is getting posted today..finallyyyy. I have printed of 3 copies of the completed N1 form and schedule of charges. Included a cover note and enclosed fee, so is that all i need?

 

Thank you

Hugo

[hugo07]

:grin: Right...N1 form is getting posted today..finallyyyy. I have printed of 3 copies of the completed N1 form and schedule of charges. Included a cover note and enclosed fee, so is that all i need?

 

Thank you

Hugo

[kev2b3]

hi there hugo 07

what i done was made 3 copies of the n1 form and attached the list of charges to each n1 form. i handed the form into the county courts, they looked over it for me and then gave them the cash. considering the amount of works these poor people are going through with these bank charges, i found them very helpful.

[hugo07]

Hi Kev, thanks for that! I had to write a cheque out in the end and post it as wont have time to get down their for few days!! Going into hospital tomorrow! Having my wisdom teeth removed!! God help me so will just wait for the cheque to clear and hope to here from them soon!!

 

Hope your claim is going well!

 

Hugo

[kev2b3]

hi hugo

things seem to be going quite smoothly so far,to be honest i am a few days behind jules so most of the time i am following her lead. had my wisdom tooth out few years ago nothing too it really, just make sure you have plenty of soap to eat later.

take care mate

catch you later

[hugo07]

Thanks Kev, yes you are lucky, Julie knows her stuff too.

 

As for my wisdom teeth being removed had soup and everything ready but hopsital decided to ring me the night before and cancel due to the surgen going sick so i have to way another 2 weeks!

 

Received letter from the court this morning - Notice of Issue. Abbey has until the 13th August 07 although they are most likely to acknowledge the claim.

 

Hugo

[hugo07]

Received notice of acknowledgement of service letter this morning from the courts giving Abbey 28 days.

 

My claim was issued on 24th july 07, the court sent it to the defendant 1st class post 26 july 07 and will be deemed to be served on 28th july 07.

The defendant has until 13th August 07 to reply.

 

Abbey filed an acknowlegement of service 2nd August 07.

 

So do Abbey have 28 days from when the issue was deemed to be served 28th July??? sorry just a little confused????

 

Thanks

Hugo

[Michael Browne]

So do Abbey have 28 days from when the issue was deemed to be served 28th July???

Yes, so 25th August.

[hugo07]

Yes, so 25th August.

 

Many thanks!!!

[hugo07]

Hi there, received AQ today t5o complete by the 10th September! Getting quite scared now! lol

 

Hugo

[hugo07]

Please can somebody help me with my allocation questionnaire. I have filled in the form as per the guide on the CAG website, so is this below then correct? I would just prefer confirmation as I’m sure like everybody else on the site I don’t want to make a silly mistake.

A

Section G – other information on the form itself write:

Please find the following attached to this allocation questionnaire;

 

1) Section G - other information

2) Draft order for directions

This allocation questionnaire and its attachments were sent to the defendant on **/**/**.

B

Attach the passage for section G – other info to the AQ followed by the draft order. Then in the actual 'section G' box of the AQ write as above ( A )

C

Then obviously send a copy of the AQ and attachments to the defendant as well as the court.

Many thanks for all help

[hugo07]

Hi, received my Notice of Allocation to the small claims track this morning. The hearing of the claim will take place on 30th Jan 08 @ 14.00.

 

Do i just start preparing for my Court Bundle? Should i write to Abbey regarding the hearing? LOL in the hope this might make me an offer which is highly unlikely i guess.

 

Any advice much appreciated

Hugo

[hugo07]

Hi, please can someone just give me abit of advice, really need some help :?

I received my notice of allocation to the small claims track. The hearing is on the 30th Jan 08…so not long now.

So I am right in thinking I have to continue preparing my court bundle and send a copy to both the court and Abbey by the 16th Jan 08. (Letter says no later than 14 days before the hearing) ?

Received a letter from Abbey yesterday morning which included an application notice to stay the claim until the OFT test case is finalised.

I have not heard anything from the court confirming this so assume my hearing date is going ahead.

I am getting quite nerves now!!!

Any help is massively appreciated

Thanx

Hugo

[Lula]

Hi Hugo, yes carry on with the instructions until the court, not Abbey, tell you otherewise, dont forget to send a copy to Abbey and do a separate spready for the costs included in preparing the bundles. and your time at £9.25

 

the court might feel that the case should be over by then and refuse to stay it, if one week before you case you have not received Abbeys bundle, come back and tell us.

take care

[hugo07]

Hi Lula, Thank you so much for the reply. I didnt realise you could try and charge for the time taken to prepare the court bundle.

 

What type of hearing is this? the letter says the estimated time is 90mins.

 

I am really starting to have second thoughts about this now...I really dont think i can go to court and answer questions as i just don't understand enough at all even though i am really and continually reading through threads etc trying to learn the steps to reclaiming charges. This whole thing is starting to make me feel physically sick.

 

If i done know when the account was opened what could i do regarding the terms and conditions of me bundle?

 

 

Take care

Cheers for helping me out!! much appreciated.

Hugo

[kev2b3]

hi hugo

You seem to have better luck than me. The only letter i received from court was to tell me which court i will need to go to and then tell me nothing will happening because of the OFT court case.

Please dont start having second thought,i am sure everyone feels nervous going to court. Just be honest and if you dont understand anything just tell them you dont understand.

Anyway all the best mate ,my fingers and anything else i can cross will be crossed for you on the 30th.

take care

kev

[hugo07]

hi hugo

You seem to have better luck than me. The only letter i received from court was to tell me which court i will need to go to and then tell me nothing will happening because of the OFT court case.

Please dont start having second thought,i am sure everyone feels nervous going to court. Just be honest and if you dont understand anything just tell them you dont understand.

Anyway all the best mate ,my fingers and anything else i can cross will be crossed for you on the 30th.

take care

kev

 

Hi kev, Sorry to hear about you case. Thanks for all your support mate, I am tryin hard to learn more and more of this stuff.

 

Good luck with your case and fingers cross it will start moving asap.

 

Take Care

Hugo