Corn flake v Abbey **WON**

[corn flake]

Hi All,

I have a court date for the 18th June 10.00 am with the Abbey and 12.00 with HSBC. I have decided to start sorting my court bundles now but to be honest im struggling a bit. After yesterdays events its made me even more nervous as I dont think im clever enough to defend myself in court if the judge starts asking me questions. Any Advice as to what I need to research?

Tanya xxxxx

[Lula]

Corn Flake, dont feel nervous, go and read the thread Lloyds win and Abbey consequences, further down this forum, just click on Abbey bank above and find the thread, it will allay your fears, and if shAbbey ring you and tryto get you to settle for a lesser amount quoting that case, dont have any of it, they know that the actual judgement is worthless and was fought on a different matter to ours

[Debaz]

hI Corn flake my court date was for 13th june and just had a letter this morning they are going to settle in full so fingers crossed they may contact you quite soon

Debbie

[corn flake]

Thanx for the encouragement guys, I have previuosley opened the court Bundle from this site. Is there anything else I need to include other than whats listed in there?

Tanya xxxx

[noobrider]

Cornflake...has an order been made to submit court bundles from both parties on any specific date? you may have already won if that deadline has been breached. If not just sit tight and make sure you get your bundle in on time.

[corn flake]

Cornflake...has an order been made to submit court bundles from both parties on any specific date? you may have already won if that deadline has been breached. If not just sit tight and make sure you get your bundle in on time.

 

 

It Says:

Each part shall deliver to every other party and to the court office copies of all documents (including any experts report) on which he intends to rely at the hearing no later than 04 june 2007.

 

What date do you advise I get it in by? allot before or leave it till the last minute.

 

Thanx Tanya xxx

[noobrider]

personally I would get it in asap it will put you on abbeys radar for settlement and technically speaking should get you a phone call or a letter between now and the 4th of June

[corn flake]

personally I would get it in asap it will put you on abbeys radar for settlement and technically speaking should get you a phone call or a letter between now and the 4th of June

 

 

Thanx for the advice. The claim isnt a big one at £354 inc costs and interest but I still want to fight for what im entitled to.

Tanya xxxx

[jcaps]

I think the bundle shows you're serious, get it in asap. A copy of your contract or abbeys terms and conditions would be well worth including too. You're close to the end now Tanya, they folded a week after I got my bundle in.

[corn flake]

I think the bundle shows you're serious, get it in asap. A copy of your contract or abbeys terms and conditions would be well worth including too. You're close to the end now Tanya, they folded a week after I got my bundle in.

 

I cant find any T&Cs all I have is:

 

Our terms of Business booklet

 

Changes to your terms and condition letter

 

and two letters showing an increase of fees and charges.

 

Is there anywhere I can get a copy of Abbeys T&C?

I opened teh account on the 1st Of December 04

 

Thanx Tanya xxx

[noobrider]

check page 2 of the lloyds case and abbey consequences, sorry cant post links for some reason

[corn flake]

Had a letter this morning!!

 

After sending this letter on the 10th of May:

 

It has come to my attention that an Allocation Questionnaire is not required in this case and a trial date has been set for 10:00 on the 18th Of June 2007.

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £357.49. I do not agree to waive my rights in respect of any other actions.

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

 

For your records, I enclose another copy of my schedule of charges. I look forward to hearing from you.

 

Sincerely,

 

 

I recieved this this morning

 

 

 

Im not happy to accept this, the court case is for the 18th of June and I also have a case on the same day with HSBC for over £4000. My dad said hes worried that if I dont accept it the judge will look negatively at it may jeopardise my case with HSBC. Any advice?

 

Tanya xx

[Lula]

Tanya, Sorry to say that your Dad is wrong, it has no bearing on your HSBC case, and in reality it has no basis on too much at all, i wouldnt presume this to be a serious attempt to settle at all, i would write or email back saying that if they would disclose their costs then you would be prepared to pay them, but the charges are a penalty and, as such, are unlawful, in light of this, you require full settlement.#

 

Hope this helps

 

Lula XX

[corn flake]

Thanks for that! Its exactly what I wanted to hear.

Tanya xxx

[newbody]

link for abbeys website for year and month goto the one closest to when you opened your account and navigate to bank accounts and then bank account conditions and it will give the terms and conditions of when you opened your account these seem to have stayed pretty much the same wording all the way through them

 

Internet Archive Wayback Machine

 

if you cant find it in the above link due to not being able to navigate the archive pm me or post on here the date you after and i'll see what the closest is i can find for you

[Debaz]

Hang in there you are nearly there xxx

[corn flake]

Thanx for your encouragfing words guys.

Ive written this rejection letter copying bits from templates on this site. What do you think?

 

Thank you for your letter dated 17th May 2007. I respectfully decline your offer of £220 as Full and Final settlement .

The charges you have levied from my account are a penalty and, as such, are unlawful, in light of this, I require full settlement .

My claim is for £272.00 as outlined in my Particulars of Claim, plus court costs of £50 and interest of £35.49. This claim will continue until payment is made in full. The hearing will take place at Taunton County Court at 10.00 on the 18th of June 2007.

Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim £357.49 without further conditions and I will inform the court that the claim is settled.

Please find enclosed another copy of my schedule of charges relating to this claim.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would whole heartedly approve of our settling this matter in a timely manner and without their further intervention. I trust this clarifies my position.

 

 

Yours faithfully

 

 

Tanya xxx

[corn flake]

Court Bundle now done, so I'll be posting it with my rejection letter today.

Tanya xxx

[corn flake]

Letter and Bundle posted today. I also emailed a copy of the letter to Inga and had this reply only 45 mins after I sent it:

 

Dear Madam,Thank you for your email. If a payment in full is what you require to resolvethis claim, then I am sorry but I am unable to help you. The very point of oursettlement offer is that Abbey denies that its charges are illegal. Should youwish to reconsider your position, I am more than happy to speak to you. Kind regards, Inga Oh well on with the fight!! Tanya xxxx

[Villafan]

Dear Madam,Thank you for your email. If a payment in full is what you require to resolvethis claim, then I am sorry but I am unable to help you. The very point of oursettlement offer is that Abbey denies that its charges are illegal. Should youwish to reconsider your position, I am more than happy to speak to you. Kind regards, Inga Oh well on with the fight!! Tanya xxxx

 

Mmmm I wonder if they'll turn up at the hearing then!!!

 

Villafan

[sparkydawg]

What a crock of s**t. I have read through several similar posts and read the same things over the last week. I posted Abbeys bundle last week and handed in the courts today. My case is set for 6th June. Not heard from them for over a month so lets see what they got!

[Lula]

all that for £400 its a total abuse of courts time and taxpayers dollars, and the court bundle took what? 30 hours at £9.25 per hour plus copying costs it would be far cheaper for them to just pay up straight away. I wonder how their shareholders would react to the money that their solicitors are squandering

[corn flake]

It really is so annoying especially when you read threads where people have managed to claim back thousands within four weeks and only had to send one letter. Oh well Ive done all the hard work now (court bundle took me ages) so all I can do is sit back and wait (might send another nudging letter in a week or so). I dont want to go to court but I will if I have to, Im gonna fight for whats mine.

Tanya xxx

[brownie24]

Hi Cornflake

 

Hang on in there and don't back down now:)

 

Just wondered if you had Inga Kirkman's email address to hand? I sent my bundle of two weeks ago and still heard nothing so I thought I would check if they have recieved it safely and nudge them along

 

Brownie24:)

[charleyfarley]

Hi cornflake,

 

Just been reading your thread, If it does come down to a trip to court, I only live down the road and would be more than happy to help you out there if you needed it.