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

[reka]

I can't seem to see my current situation on the forum covered anywhere (althought there is sooo much content here it is likely i just haven't found it)

 

Basically, i am at the final stages of reclaiming charges levied to my account by the abbey. Both parties were told to submit "evidence upon which they intend to rely on in court to both parties and the court by 23rd May 4pm"

 

As yet i have recieved nothing from the Abbey and the deadline has passed? i submitted mine and sent a copy to the Abbey and had no response.... what do i do now?

 

Do i just wait till the court date (7th June).

Does this mean i have won automatically?

or that the Abbey do not have any documentation upon which they intend to rely?

 

Any help or advice would be greatly appreciated

[reka]

will do.... thnx, will post back what the court say

[reka]

i called the court, they have recieved no paperwork from the Abbey, but they told me to call back on wednesday to see if it has been submitted as they have only processed up to the 21st may atm. (today is the 25th)

 

So when i call back on wednesday, if the abbey have not submitted the "documents upon which they intend to rely" does that mean i have won?

 

(court date is 7th June and all documents were to be recieved by both parties on the 23rd may)

[reka]

Where can i get the Abbey's Terms and Conditions?

 

I am due in court this Thursday and have omitted the terms and conditions from my court bundle. The Abbey have not submitted any court bundle although they were told to submit it within 14 days prior to the hearing.

 

In their defence they state the charges were for breach of contract, surely they have to prove that and should have supplied the T&C as its documents upon which their defence relies?

 

I want to try and get hold of the relevant T&C to take with me to court on Thursday, as its small claims route and some leaneancy is normally applied.

 

Any help will be greatly appreciated.. i am sleeping less and less as it gets closer to the final showdown..... oooh and if the Abbey are reading this.... Let the Party comence.... Bring it on.

[reka]

Thankyou for the link...printing it off now.

 

 

oooh, here is a link others may find usefull that covers usefull info on conduct on the small claims track

 

PART 27 - THE SMALL CLAIMS TRACK

[reka]

thnx Lula,

 

i have no email contact adress for the Abbey, i have called there legal team on 0207 756 4360, but no answer so i left a message. If anyone has a valid email address please can you you post.

 

Once again, thankyou all for your help and support.

 

(ps. I have an original "personal banking conditions" booklet dated Nov 1998 if anyone needs a copy and are going for charges past the 6 year limitation)

[reka]

courts say they have recieved no paperwork from the abbey. so i will email them asap.

 

will scan the document in and send to you and Gary (once i work out how)

 

thnx again

[reka]

No worries, i am scanning it in now, it will be as an image not text file as the OCR is messing up when i scan as text..... should be done in 20 mins

[reka]

I have just uploaded the Abbey "Personal Banking Conditions" Nov 98 and "Tarrif of charges" May 1997 to

 

RekaTech

 

right, i better email the abbey now!!!

[reka]

i did ring the court, thay said the abbey have not sent in a court bundle.

 

i can upload as jpeg, there will be several pages though...... will post where they are once i upload individually

[reka]

I will check my PM's now.....and the abbey were supposed to have submitted by 4pm 23rd May

 

i have uploaded the 1997/1998 as jpg's for you to

 

RekaTech

 

i have to get my little one from school now,

[reka]

Nope, no PM's as of yet. i really need to send it today, do i wait or try and write one myself?

[reka]

Thankyou Gary, thats great. I have edited and spell checked it and emailed it. I hope they reply tomorrow as its only 63 hours till the hearing and OMG i am now counting the hours.

 

Do i take a copy of this to the hearing and present to the judge if they do not reply, or do i asK for a stike out before? Sorry, i feel like i am in no mans land now.... i don't want to mess this up when i am this close.

 

 

Oooh, and thankyou once again!

[reka]

yeah, i have my bundle all prepared. I still need to look at claiming costs for court bundle etc. I am not sure if i can or not as this is small claims (not fast track or online) and i didnt pay court fee's as they were waived as i am a single parent on income support.

 

(currently trying to get details of an old barclays account and claim beyond the statute of limitation)

[reka]

Witness statement and case notes? erm..... my court bundle was 95pages long.....it had a "statement of evidence" within it, along with relevant case law etc. Is that the same thing?

[reka]

PHEW!!!!!

 

i was having kittens then.... its bad enough i didnt include the Terms and Conditions in the bundle.

 

(has bookworms bundle been updated to say to include them now?)

[reka]

In Manchester County Court, early thurs morning. I never expected them to hold out for this long. I keep wondering if i have done something wrong which is why they havent offered a settlement.

[reka]

awww thankyou!!!!

[reka]

Less than 36 hours to go and still no settlement.... think i better start thinking about what to wear to court! I dont want to wake up to find they are in the laundry bag.

[reka]

i checked with the court today....nothing recieved as yet.

 

In relation to the email...i am unable to check if the mail has been read as its internet mail.... i did try the satus and said unable to check internet mail.

 

The Abbey probabbly have so many cases that they dont even realise mine is due....i expect they havent even processed the court bundle i sent to them yet.

[reka]

within the judges direction it said,

 

2) The parties shall exchange the following not later than 4:00pm on the 24/05/07

 

(a) copies of any documents which a party proposes to rely

 

4) It is important to comply with these directions. Failure to so so may result in the hearing being adjourned or the Claim or Defence being struck out. The court must be informed immediately if the case is settled by agreement before the hearing date.

 

So i am not sure what to do, whether to wait or to call and ask it be struck out?

[reka]

Gary wrote an email for me yesterday to send to the Abbey, advising them that they have not complied with the directions. Will check with him whether to ask the court whether to strike it out when he is around. I should really give the Abbey 24hrs to reply to the email.

 

Maybe tomorrow i can ask for it to be struck out.

[reka]

take the order with you anyway and respectfully ask the judge to strike out for non compliance.

 

Either way now, you have won

 

I hope so, and thanks (again) for the advice. I wont believe i have won untill i hear those words from the Judge.

 

(why does my signature not show?

[reka]

ROFL!!, I am not sure why but most peeps seem to think i am female? especially when i say i am a single parent. Just don't take me handbag shopping

[reka]

hmmmm, should i reply or am i digging a hole for myself!

 

probably the later, i was going to go Mega smart, shirt, tie cufflinks the works.... think it might be better to just wear trousers and a casual shirt. Then i can go to the pub afterwards to celebrate .... wooo hooooooo...8)