Reka v Abbey ***WON IN COURT!***

[reka]

CONGRATULATIONS Reka.

just wondering if there were many others there waiting to see the judges over bank charges.

 

It seems that most cases are settled before they go to court. I would love to see the statistics as to how many of the claims made actually end up reaching a court hearing.

[GaryH]

Only speculative, but I'd say about one Abbey claim every 2 weeks or so gets as far as court. They've not turned up for a single one though.

 

They usually settle the majority of claims just after AQ stage as far as I'm aware. Lula's the resident Abbey specialist though so she might be able to tell you more accurately than I can.

[reka]

Lula's the resident Abbey specialist .

 

 

Oh, and does anyone have Abbey Nationals own bank account number (not the one you have but their actual one;) )

[kev2b3]

hi again Reka

one more question, there seem to be quite a lot of concern over bank terms and conditions lately, just wondering if the judge asked you for these, and can you tell me if you had in your court bundle the t&c for the date you started with abbey or the t&c for every year that you have been with the bank.

[abroadgirl]

hi well done that is great.

i am waiting now july 7th

i have put in a thread here what i got will check and see if i did put it in the correct place ty

abg

[TUTTSI]

hi again Reka

one more question, there seem to be quite a lot of concern over bank terms and conditions lately, just wondering if the judge asked you for these, and can you tell me if you had in your court bundle the t&c for the date you started with abbey or the t&c for every year that you have been with the bank.

 

Kev, I do not have the answers to all your questions but I do have Abbeys Personal Banking Conditions dated MAY99 effective from 12/7/1999. I am willing to copy them if anyone wants and also when you get the answer you are looking for that might help me as well.

Cheers

DS

[reka]

i actually did not include any T&C's in my bundle, I realised after i submitted my court bundle that i should, so i took a copy with me today incase that came up.

 

I was of the opinion that as the abbey themselves said in their defence that they applied the chargesas a result of my breach of contract, a matter i did not dispute, then i didn't need to supply them as it was not a matter of the breach of the contact that were in debate, but the amount they were charging as a result of the breach! *this is my opinion..... but include them as everyone is saying they now need to be included*

[ICY]

well reka that was well worth waiting for, have yu still got the big grin on your face lol

 

hope i have a similar story soon

 

well done you

[GaryH]

I was of the opinion that as the abbey themselves said in their defence that they applied the chargesas a result of my breach of contract, a matter i did not dispute, then i didn't need to supply them as it was not a matter of the breach of the contact that were in debate, but the amount they were charging as a result of the breach! *this is my opinion..... but include them as everyone is saying they now need to be included*

Spot on.

 

T&C's not strictly necessary v Abbey. Only if you need to point to the specific term of contract you allege has been breached, as you do with say Lloyds. As above Abbey readily admit a breach so T&C's not crucial.

[Lula]

Lula's the resident Abbey specialist though so she might be able to tell you more accurately than I can.

 

 

Slanderous - how very dare you I wouldnt say that i am an "expert" but i am on my 3rd claim, but there are a few of us in the 3 times club lol

[R0G0]

GO ON REKA, happy for you.

and thanks for the insight into your day at court, realy boosts our confidence.

[livelylad]

excellent work well done.

[GaryH]

Slanderous - how very dare you

Err... should that not be libelous??

[jules1973]

Well Done, and congrats on getting even more money out of Shabbey. :). Now you can go forth and spend spend spend:D

[abroadgirl]

dear reka

i have been reading throu for a few days now i have printed out abbey t&c 20 pages also small claims part 27 printed all that out what do i do now i have a thread aq abbey i am still trying to get the court bungle together but i dont understand it all and i am still trying do i hightlite anything in these print outs thanku for any help u can give me thanku

abg

[reka]

hi, if you start a new thread of your own, then all the help you get will be in the same place. and people can see all that has happened in your case, so you will get the best help. Things have changed since i submitted my AQ as people are trying for strike outs now at this stage. There are far more experienced peeps on here then me, but i will help if i can at all.

[reka]

I think i may have a problem...... although i won in court yesterday, i have just recieved a reply dated 6th june, although it did not hit my inbox until today.

 

Inga says in the mail:-

 

"We have no record of any court order requiring the service of documents. Would you please be so kind as to provide me with a copy of any order you retain."

 

Do i reply telling her that i have already won in court, or can they appeal it as they state they did not know about submitting documents let alone a court case?

 

Can they overturn the judgement?

[GaryH]

Ah, here we go! I know whats coming next becouse she tried the same when I won my o/h's non-compliance claim in court.

 

She'll deny all knowledge then offer you the amount in full but at the same time ask you to sign a consent order. This will basically mean that the judgement is null and void by agreement between the parties.

 

It just means that they'll evade having a record of a judgement against them.

 

I (quite reasonably and rightly) told her to sod off and would advise you to do the same. That said, obviously its your claim so its up to you. you'll still have the money either way.

 

If she threatens to apply to set-aside the judgement anyway if you don't agree (as she did with me), then its an completely empty threat IMHO (as it was with me!) - if they were going to attempt that they would have to convince the judge that they had no knowledge of the hearing, and further, that they intended to seriously contest it.

 

Just reply saying that the hearing was yesterday and the judge upheld your claim and granted you judgement in the sum of £** plus costs £**. Attach a scan of the judgement and request payment within a week.

 

Don't mention anything about a consent order yet - she may not try it on, but just don't be surprised if she does.

[Lula]

she is a moo, the email may be dated 6th June but if you look in all the coding (you being a technical kind of guy should be able to do this) you can see when she actually sent it. and print all that off - just in case! They wont go back to court, the DJ will rip them to shreds!

[FoxyFiona]

Its Beggars belief - they have no sole!

[reka]

i have replied back saying that the case was heard yesterday and that the court will be in touch. I also added that i first requested my money back in May 2006 so they have had plenty of time to resolve the matter. I sent a letter recorded delivery to them with my court bundle signed for..... she cant say they did not know about it

 

Nice try Inga, but look who has the cigar!!!! now plese dont pay in the 14days....i dare you, i double dare you.....

 

 

OOOh, and lula......i was right about enforcement

[Lula]

LOL, do you not have to find out about some sort of account number?

[reka]

Yeah......I NEED that info, but i am sure the powers that be will be able to source that for me, Target date about July 4th

[Lula]

OOOOOOOOO i will be away then, tell garyH to text me with what happens

[reka]

will do "if" it happens, then you can turn on the telly and see for yourself:D