Brickie103 v Abbey

[Brickie103]

Hi Gizmo, i have started my own thread on here like you requested! (to tell you the truth, i wasnt sure whether i should or not in the first place because it may cause confusion, but obviously not)

 

Thank you so much for your advice!

I feel so much better now and ready to plough on!

 

Have phoned St.Helens county court today for an update on the court date and the lady told me that if i dont hear anything by next Tuesday to ring again as they are very busy with these claims at the moment! (not surprising!)

 

So i am just in the process of writing a letter to the DCA now to explain the situation, and i have enclosed a copy of proof of my "Notice of Transfer of proceedings" so that they have proof that i am in the process of a claim against Abbey. Hopefully this will stop them in their tracks!

 

Could you please do me a huge favour and post me the link again on this thread for the info on getting my court bundle together. I have copies of every correspondance and letters from Abbey since this started. However, i would hate to get to court (if i do get that far!!) and lose on a technicality!

 

Your a star! thanks you so much!

A generous donation will be made to this site when i win!

[Michael Browne]

Basic Court Bundle

[NJC]

Just reading a few threads in preparation for completing the Allocation questionnaire against Abbey. Not ready to prepare the Basic Court Bundle but had a look anyway. The link to the OFT summary arrears to be broken.

[Brickie103]

Thanks for that!

Wish me luck!!

[Brickie103]

Hi there!

 

Wonder if anyone can give me any advice, i have received a date now from the court now for the 5th September 2007!!

This seems like a lifetime away. I was hoping to have this sorted in the next month or so as i have had no central heating in my house since last August and i was hoping to get it fixed with the money i win back!

anyway, i was a bit worried because the last letter from Abbey stated that if they didnt hear anything in the next 8 weeks then they will consider the matter closed with my reclaim.

what should i do now? Should i write to Abbey offering for them to settle, as from what i have read, they always settle on the eleventh hour. I have to get my court bundle ready for the 24th june too.

Will a court date letter be sent out to them too? So they know i'm still planning to go ahead with the court claim?

 

What would be the best route to go go down now as i would like to get this sorted as quickly as possible!

 

 

Many thanks in advance!

[Brickie103]

Hi all,

 

I have just read on the BBC news site about a lady who won through the courts when reclaiming bank charges by basically saying that the court wont turn up to the hearing therefore wasting the judges and court's valuable time. the judge threw out the case and awarded her the money she was claiming for.

 

I have just received the date for my hearing on the 5th Sept which seems like a lifetime away! Can anyone tell me if i can do this and if so, how i should go about it as i have to have my court bundle in by the 24th june.

 

thanks very much!

 

Brickie103

[Brickie103]

Hi all,

 

I have just read on the BBC news site about a lady who won through the courts when reclaiming bank charges by basically saying that the court wont turn up to the hearing therefore wasting the judges and court's valuable time. the judge threw out the case and awarded her the money she was claiming for. Is this called vexatious litigant or something??!

 

I have just received the date for my hearing on the 5th Sept which seems like a lifetime away! Can anyone tell me if i can do this and if so, how i should go about it as i have to have my court bundle in by the 24th june.

 

thanks very much!

 

Brickie103

[KnellyK]

Hi all,

 

I have just read on the BBC news site about a lady who won through the courts when reclaiming bank charges by basically saying that the court wont turn up to the hearing therefore wasting the judges and court's valuable time. the judge threw out the case and awarded her the money she was claiming for. Is this called vexatious litigant or something??!

 

 

That was Foxy Fiona! Have a look at her thread!

http://www.consumeractiongroup.co.uk/forum/abbey-bank/52361-time-delay-after-lba.html?highlight=Foxy+fiona

 

and this one!

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=6&a=92

 

Good Luck with your claim!

[Brickie103]

Hi everyone!

 

Can someone please help me?

 

I have had a look at the court bundle thread that Michael kindly posted me but do i need all of it??!

I dont understand the majority of it and havent got the first clue on how to prepare my court bundle and it has to be in by the 24th june!

 

I dont understand all the legal jargon thats used really. Do i just have 3 copies prepared of the list of bank charges and also the whole correspondance between myself and Abbey over the last few months since i started the claim?

Do i have to include all the bank statements they sent to me (even though the charges arent included on them?) and the microfiche copies?

 

 

If anyone can give me a list of what i need exactly and explain what the sections are it'd be greatly appreciated!!

 

Many thanks!

 

yours panicking!

 

Brickie103:confused: :o

[reka]

Hi Brickie.......i try to let the experts help, but i will try.

 

Yes you do need to print 3 copies of the court bundle!

 

You should also include the Terms and Conditions that applied to the bank account.

 

In respect of the statements, you only need to include the ones that show the charges. (I highlighted the charges on all my statements to appease the Judge)

 

I would also reccomend including another copy of the "schedule of charges" that shows what the interest at 8% will be on the day that you are due in court. (ie date in the future)

 

if you post back what you have put in your bundle, i will tell you if i included anything that you havent

 

I hope this helps

[reka]

what directions has the judge made as to what you should put in your bundle.

 

here is a list of what was in my bundle

 

statement of evidence

correspondance

Latest schedule of charges(correct for the court date and highlighted to state that)

statement printouts

relevant case law summary

early day motion

dunlop v new garage

unfair terms in consumer contracts regulations

unfair contract terms

supply of services and goods act

transcript of peter McNamara interview

BBC Commision conclusion

Australian default charges report

OFT statement

(You should also include the T7C's from your account)

[Brickie103]

Thanks so much for your help Reka!

 

Feel quite lost right now, am going to tackle it this week.

 

Do you think i should hear something after i have submitted my court bundle?

 

there was one guy on the forum on the MSE website and after getting Abbeys standard defence, which i had ages ago. He phoned and managed to get through to inga who offered him an amount he was happy with.

Seeing as my date for the court hearing is all the way in september, do you think i will hear something from the 24th june (when my curt bundle has to be in for) and sept?

 

Its so annoying that after i get all this info ready, you just know its going to be a wasted effort after all, Abbey wont turn up!!

 

I'm not sure how i'm going to calculate the 8% stat interest for up to the date in september as i have originally dont it on the MSE calculator on the bank reclaim thread.

 

Feeling really thick about all this!

 

 

regards

 

Brickie103

[reka]

Hiya brickie,

 

I am in a minority, as i didn't hear anything at all from the Abbey after submitting my court bundle. Most people seem to settle before court as the Abbey contacts them, or they contact the Abbey and arrange a settlement. Hopefully they will advise you the best way to go for an early settlement once the Abbey recieve your court bundle.

 

When you calculated your interest at 8% did you use one of the spreadsheets from this site to do it in? If you did i cam run through with you how to make it accurate for a day in the future!

 

Hope this helps

[Brickie103]

Thanks Reka,

 

Looks like i may be in the minority too then. I am hoping i will get contacted by Abbey after they receive my court bundle so fingers crossed!

 

In answer to your question, i calculated the 8% stat interest on the reclaim your bank charges section on martin lewis's website. It does it automatically for you. although i really appreciate your help in doing it on this website, dunno where to go. its just the future calculation that would stump me, wouldnt have a clue!

 

Maybe we can arrange something in the near future cause any help right now would be greatly appreciated. I'm going to be getting my court bundle ready this week at some point so i'll let you know what i have done and maybe we can check things are correct on here later on this week or something?

 

Kind regards

 

Brickie103

[reka]

no worries.... My little one is poorly so not reading the post as often as i have the past few weeks. I i dont reply to a post just PM me.

 

If you get stuck post dating the charges let me know, i had to change the clock on my system to get it accurate for that day (was a quicker wy than editing the formula in excell... but if there is a call for it i will)

 

I am no expert but I am only happy to help in anyway i can, so ask away, i can guarantee it will be questions that most will have had at that stage

[Brickie103]

Hi Reka!

 

Hope your little one is feeling better!

 

I have printed off the following for my court bundle:

 

The basic court bundle that has been sent to me above on an earlier post.

In this i have gone on to the oft summary and the early day summary and printed them off.

 

I have my correspondance and statements which i am sorting out, will have to root out my T&C's.

the only thing i'm not sure off is how to calculate the charges interest as my computer hasnt got excel and also, with me doing the original list on the MSE website i dont know how to calculate 8% onto each individual charge!

 

Feel a bit thick about this but am at a loss, how do you calculate the charges on the CAG website? Is there a way i havent seen yet?

 

Based on what i have listed, d'ya think i need anything else other than that? If so, where can i find it?

 

Many thanks!!

 

Brickie103:confused:

[Brickie103]

Hiya again!

 

Tried to get onto the spreadsheet for the calculating of bank charges but it wont work!!

 

Any suggestions??!

 

thanks!

[Michael Browne]

You can download OpenOffice for free here

Spreadsheet : Alternative to Excel

Free alternative to Excel

 

And the use the OpenOffice s/s here

Spreadsheet with interest

6. Interest calculation spreadsheets

Or use an online s/s here. You have to register first:

Spreadsheets: Vampiress' Google Spreadsheets

VAMPIRESS'S CHAMBER OF "CONSUMER ACTI...

[Brickie103]

Thanks Michael!

 

Appreciate that, althugh i'm afraid i dont know excel that well.

 

I have had a look at the different options and the England Simple - Excel looks like the easiest (obviously!) But if i enter in the earliest date to my court date (4th ~Sept 07) will it calculate future interest over the next few months?

 

I'm just in the middle of getting everything else together, this i will tackle last i think!!

 

Help!!

 

Brickie103:confused:

[Brickie103]

Right!

 

I have got the majority of my court bundle done, here is a list of what i have so far:

 

Correspondance (letters in date order)

List of charges (i'll come back to this in a minute)

Terms and conditions, (plus revised T&C's as they sent me some, thought they would be relevant.)

Statements (some if these are on microfiche as thats what Abbey sent me, i have high lighted all the charges on them too)

Relevant case law summary (and everything else thats on the basic court bundle link)

Early day motion

Oft Summary (again, both of these i took from the basic court bundle that was posted to me, hope everything on it is relevant cause its like reading a foreign language to me!!)

 

After going through the charges again i notice there was a few i have missed, and have done myself out of about £154!! I take it its too late to add them on now???

 

Also, the only thing i need help with now is calculating the up to date interest as it would be on the 5th september (my hearing date) as i have no excel on my computer so i cant open up what was kindly posted to me earlier, and also when i tried to download openoffice.org yesterday, my computer wont install it properly, is there any way i can do it manually??

 

My bundle has to be in by the 25th June, can anyone help me as i'm starting to panic again!!

 

Many thanks in advance!!

 

Brickie103

[Brickie103]

Feel like i'm talking to myself on my own thread but nevermind! hopefully someone will see it and help me!!??

 

Just need some confirmation now that i have everything i need.

 

Spent majority of today doing court bundle and have the following:

 

My witness statement (altered to my own case but from a thread on here)

 

correspondance

Schedule of latest bank charges (changed the date on my computer to my court date 5th Sept, and calculated them on the MSE website calculator, hope this will be ok??!)

 

Statements (original and microfiche what abbey sent me)

 

Relevant case law summary (on the basic court bundle)

Other additional evidence (like the stuff Reka included on the post above)

OFT Summary (read on a thread that i dont need the whole thing so i printed off the overview and the relevant section 4.28 as advised onanother thread i found)

 

Is this right? is it enough?

 

 

Any advice would be greatly apreciated!!

 

Thanks Brickie103

[reka]

yep, looks ok to me. Good Luck......

 

Are you including Terms and Conditions.... also have a check to see if any of the correspondance you have in the bundle is marked "wothout predjudice" as that can't be included.... (well it can if you can argue that the letter was not a genuine attempt to settle i have been informed)

[Brickie103]

Great, something else to look for!

 

this bundle is starting to be more than an inch thick! Is that normal???

 

I have got letters in there that say without prejudice, do i have to take these out then?

I noticed that on one i was willing to settle for £1900 then on another at a later date i put that i was willing to settle for £2400!!

This is gonna bugger me up isnt it??

 

Help!!

 

:-|

[ohoh4312]

Hi there

 

If you can email me your original list of charges, I can set it up on a spreadsheet for you and future date it then send it back if that helps.

 

Also I am afraid that you cannot add any missed charges at this stage - you have to go with the figure on your original Court claim.

 

Will send you a pm with my email address.

 

Regards

 

Jo xx

[ohoh4312]

OOOPS - missed a page while reading your thread! Sure that your calculations will be ok, but I am willing to help if you need it.

 

Good luck

 

Jo xx