Abbey v dburrell55, what are they upto???

[dburrell55]

Hi, I started collecting statement evidence last July and have been through the process upto court proceedings. i have been charged over £3500 over the last 6 years but abbey have said that they have looked into the claim and all charges are valid and they will not pay anything back. i have today filled court proceedings online! im concerened because abbey upto now have completely dismissed the claim!!!!! has anyone else had the same and what happens next?

[Guest louis wu]

Hello,

 

Yes, this is what Abbey always does. They do it in the hope that you will not claim, they will even file a defence, which will inform you that you agreed to the charges so what are you doing trying to claim them back. Its all normal.

 

Just stick with the process, learn all about the court side of things, and get ready for a couple more months of Abbeys stalling, and then a full refund.

 

Good luck

 

louis

[dburrell55]

i have finaly herd from Abbey, but not what i had hoped, they have filed a defence and im waiting for the court to contact me before i move on. is anyone else in the same boat and what can i do to prepare for the next step?

[petcat]

hi there are lots of people at that very stage. the best thing you can do is have a good read of the abbey threads asap and then post your questions on your thread and wait for help.there is an excellent a-z guide when your looking for info. not sure how to post a LINK but try searching threads for a-z. good luck. a bit more detail from you such as how you got to this stage and the POC you used would help others to help you.

oh im waiting for their defence too(see petcat v abbey) and a fair few others.you are not alone.

[sutherm]

Hi dburrel55

 

I posted a draft letter on my thread for you that i nicked from someone else just in case i needed it

 

Melissa

[dburrell55]

I started the process in July 06, but as i gather is normal abbey forgot!!! or more likely didnt bother to process my request for duplicate statement, I finaly recieved them after a very helpful employee in the kings lynn branch pushed it through for me. I then applied to abbey using the forms reproduced in the Daily Mail, until i found this site, there are a few differnences in the Mail forms but nothing significant so hopefully it wont make any difference. reading through all the variouse cassess it looks like i got all the standard abbey responses and so i filled an online to take them to court in early May, i havent recieved anything from abbey since then but i have just seen on the court pages that they have filled a defence and look forward to getting a court date. i have today sent off the letter which Mellisa forward on to abbey suggesting that they can settle and avoid the court faf but again im not hopeful, u never no!

 

the next step i believe is to get a court pack together, does anyone have any idea where i can find info on what i need?

 

also i gather we can put a case forward to claim work time back, how do you do it, when and how do you submitt it.

 

any help gratefuly recieved

 

Darren

[dburrell55]

i have recieved today abbeys defence and with it an offer to settle with 65% of the claim, im tempted as it is a over £2000 but not sure, what do i doooo??????

[dburrell55]

I havnt recieved anything from the court yet but Abbey defence says its at Northampton, in lots of threads people have got them transfered to their local court, how do you do that, im gessing it will be in the info i will get from the court? has anyone alredy done it and can tell me the process??

[The decorator]

I too have received their defence today (on my birthday... nice) with exactly the same 65% offer, it's tempting but I think what I'm going to do is e-mail Inga Kirkman at Abbey and see if I can't up it a bit, point out that I've paid £120 to file and also only claiming 8% interest, and think how much money you would save by it not going to court etc etc... As for the Northampton bit, I think thats just the "head office" and it gets allocated to your nearest court.

 

Going to try and find Inga's e-mail address now!

[clarion48]

Inga's e-mail address is [email protected] I believe.

 

dburrell - the 65% is a standard offer from Abbey.....you can accept if you want but if you hang out....you WILL get your whole amount.

 

If you decided to reject the offer you will find template letters in the bank template library.

 

All the best

[dburrell55]

yeh, think im going to hold out, after all the agro from them i think we all deserv it, especialy as the decorator says thats 65% of the basic claim, not the added court costs, interest etc. iv just got to find the template.

 

Thanks evry1 for your help.

[dburrell55]

i have just read about a CPR Part 18 Request, I have just recieved the banks defence so its about right to submitt it, but im not sure if i need to, has anyone done it and can advise on what it is going to achieve??

 

i have decided to reject there offer and hold out for full payment or at least a much better offer, in there 65% they havnt takn into consideration the £900 interest or court fees, so they are only offereing 50% in effect. NO CHANCE

[dburrell55]

Iv just recieved details that my court has been transfered to cambridge and no need for an AQ form, fingers crossed getting sumwhere at last.

 

Iv started getting my court pack together, Im just hoping that i wont need it?????

 

Also i gather we can put a case forward to claim work time back, how do you do it, when and how do you submitt it???

 

Has anyone been through cambridge court?????

 

any help gratefuly recieved

 

Darren

[dburrell55]

I dont believe it.....I have just recieved a letter from cambridge court saying case has been postponed pending the OFT case, that culd be next year!!!!!

[Jason99]

I dont believe it.....I have just recieved a letter from cambridge court saying case has been postponed pending the OFT case, that culd be next year!!!!!

 

 

Appeal against it?

[dburrell55]

Has anyone appealed, how do I do it??????

[overflow]

Hi Dburrell

 

I think that you have more chance of getting it lifted if your on benefits.

 

You could then go with the argument that to stay your case would cause you even more financial hardship, re paying of court fee and still getting charged by bank,

Dont know if this is any help.

 

Regards

[Guest louis wu]

have a good look at this and see if it helps

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/111571-abbey-court-hearings-important.html

 

louis

[dburrell55]

Thanks all,

 

Doesn't look like iv got much chance, i will just have to keep my fingers crossd that the banks and OFT get it sortd and in our favour sooner rather than later.