kev v abbey

[kev2b3]

hi all

now that a judge has actual sided with a bank over bank charges do anyone think its going to make other banks like abbey more confident in taking it to court.

[Rooster-UK]

I don't know the full background of that case.

 

Provided you do your homework and follow our well-tried and tested route, then you shouldn't have any problems.

 

Rooster.

[kev2b3]

i feel one win for the banks may make them more confident but it will be very short lived. i just hope the guy who lost appeals. i am now waiting for a reply from abbey within the next 8 days if nothing i will be sending my third letter warning them of court.

the fight must go on

[Guest louis wu]

Have a read of this

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-825486.html

 

Louis

[kev2b3]

i agree that people should take things more seriously, and be better prepared for courts. my only hope that there is help for people like me who are unsure about thing from the more experienced people on this site, who can help me and other be better prepared

[Guest louis wu]

Kev, all we ask is that you put some time and effort in for yourself, which I'm sure you have, and will continue to do so.

 

You will get all the help and support you need, after all, we have all been in your position and needed help at some stage.

 

Good luck

 

Louis

[kev2b3]

Kev, all we ask is that you put some time and effort in for yourself, which I'm sure you have, and will continue to do so.

 

You will get all the help and support you need, after all, we have all been in your position and needed help at some stage.

 

Good luck

 

Louis

 

many thanks louis, i am sure i will be calling on you for help over the next few weeks

[Guest louis wu]

np mate, I'm always here to help:)

[kev2b3]

np mate, I'm always here to help:)

 

 

just to let you know how far i have gone so far in getting my charges back.on the 9/5/07 i sent my second letter asking for my money back. i received the usual letter saying that they are very sorry bla bla bla and they need 4 weeks to sort it out bla bla bla. i am not going to give them the 4 weeks they want, on the 22nd my third letter will be sent threatening them with court action. so i need to start getting myself prepared, sort out the n1 form and start getting my head around the court bundle. this is where i will need your help / guidence.

[Guest louis wu]

The N1 is straightforward, and the template is foolproof.

 

The court bundle looks complicated, but its not really.

 

I wouldn't get too far ahead, but if you look at what the bundle comprises you'll see it isn't to bad.

 

Have a read of this it may help

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/60572-basic-court-bundles.html

 

Louis

[jules1973]

Kev

 

Have now subscribed to your thread, so I can keep an eye on how you are doing.

 

At least Abbey have sent you a standard letter telling you it will take 4wks blah blah blah, I havent even had that privilege ha ha ha.

 

Maybe they are on a cost cutting exercise, not sending letters out anymore, therefore saving money to enable them to pay people out. Hopefully they will "forget" to respond to my court summons as well and then they can lose on a default. (Wishfull thinking I know)

[kev2b3]

i am starting to get a court bundle together and i have just downloaded the terms and conditions for the month / year i started my account. if i add these to by court bungle which parts of the t&c do i highlight for the courts.

[kev2b3]

Well the 14 days are up and now i should be sending the next letter threatening them with court, the only query i have is, since i received a letter from abbey stating it will take them 4 weeks to look at my complaint would a judge think it unreasonable for me if i didnt give them the 4 weeks.I know its abbeys way of slowing things down but i dont want to give them any bullets to shoot me with later on.

so what do you lot think?

[Guest louis wu]

Kev,

 

When the 14 days is up, send the next letter.

 

You are spot on when you state that it's Abbeys way of slowing things down. They have had enough practice at this now to know what to do, how many more claims do they need to investigate to satisfy themselves that they can't win in court?

 

You are not being unreasonable, and are following the set guidelines laid down and they are very much tried and tested.

 

Good luck

 

Louis

[kev2b3]

Kev,

 

When the 14 days is up, send the next letter.

 

You are spot on when you state that it's Abbeys way of slowing things down. They have had enough practice at this now to know what to do, how many more claims do they need to investigate to satisfy themselves that they can't win in court?

 

You are not being unreasonable, and are following the set guidelines laid down and they are very much tried and tested.

 

Good luck

 

Louis

 

Many thanks once again Louis WU, just needed a gentle push to get a few doubt from my head.

letter sent.

[Guest louis wu]

Excellent, we all need a little moral support from time to time, that's what's so great about this site.

 

Always glad to help

 

Louis

[kev2b3]

after sending off my lba on the 23rd of may i have started to look over the N1 form. When i deliver this form to the courts do i make 3 copies of the charges that i sent abbey in febuary or do i update them due to a few charges coming out recently.

when filling out the defendants address do i use the local branch address or the main abbey branch

[KnellyK]

In answer to your questions

When i deliver this form to the courts do i make 3 copies of the charges that i sent abbey in febuary or do i update them due to a few charges coming out recently You can update your spreadsheet up to the time that you file your claim, but after then if you want to change the claim it'll cost you extra (£38 I think, non-returnable, so it's best to get it right before filing) I updated my spreadsheet between LBA and claim, I wrote to tell Abbey that I'd included the additional charges and included an updated spreadsheet.

Then you make 3 copies of the N1 and the spreadsheet!

when filling out the defendants address do i use the local branch address or the main abbey branch

Their main address at Triton Square.

Hope this helps!

[Guest louis wu]

Yes, just to add my little bit to Knellys post.

 

Update your spreadsheet to the date of the N1, and then leave that as your total claim. If you incur extra charges during this next period, ignore it until it comes to Abbey stteling your claim. At that point you can add it to your negotiations (along with your wasted costs), and if they refuse, then just begin another claim for any new charges (its a pain, but it better than amending your form-its a N244 by the way)

 

Louis

 

ps take 4 cpoies, and keep 1 for your file

[jules1973]

Kev

 

Are you going to write to abbey offering them to settle before or after you have submitted your N1 form?

[kev2b3]

hi jules

to be honest with you jules i have been thinking of sending a email to [email protected] before sending off my N1 and then send a letter 5 days after the N1 as been sorted. i have read many threads since posting to you yesterday and i think it would make sense to have a go, many people have and they have got what they wanted. Just need to check out in the templates if there is anything i can use.

[jules1973]

i had exactly the same idea, I think I will tell them I have the N1 ready to go and that I will issue it, but I am willing to settle for my charges less £100.00 to avoid them and me any further costs and time.

[jules1973]

Just had a thought Kev,

 

We will need to find out from someone if we do email this letter to inga agreeing to settle, whether or not we should mark the letter without prejudice or not.

 

if you find a suitable letter can you let me know, if not I will try and draft one up.

[kev2b3]

i am not sure if i am right and if i am not i hope someone will tell me, but i think by marking the letter without prejudice we will stand more chance of getting a reply from the bank.

[JAMES33]

Hi Kev and Jules - as I understand it putting "Without Prejudice" on a letter prevents that letter being used as evidence in court. Therefore you could not put that letter in your bundle to show the Judge that you have in fact, been trying to reach a settlement with Abbey prior to the court date. Obviously, you would want to include such a letter in your bundle, so if I were you I would not mark it without prejudice. Funny thing is, when Abbey sent me a copy of their Defence in my case, they marked the letter accompanying it Without Prejudice - they have obviously realised that their Defence is not worth the paper it is written on, lol