Paddy v shAbbey

[Paddy O'Moron]

This is new thread to record the progress of my claim (via MCOL) against Abbey. I have had the usual denials, squirms, obfuscations, but I am adamant that I will see this through. Thanks to the many many posts in this forum, I can see that I am not alone, and that Abbey are not trying anything new with me.

 

I can only offer help at this stage, based on my experiences to date. If I do run into difficulties, I will ask for help.

 

I hope to record progress (or lack of it) as it happens, please feel free to ask me anything about this case. If you are new to the reclaims process, please don't be put off - you will get your money back - it's a bit like Lord of the Rings in that every time you think you're there, something else happens to frustrate you. But rest assured, you will have a happy ending.

 

All the best to you, and to all you posters (esp mariejader), THANKS. This is what Comsumer Action is about - people power. Together we are strong. (Wish I knew the Latin for that - would sound very formidable)

 

Paddy

[cassie2006]

Hi Paddy

 

Good Luck to you:D

 

I see the Abbey as the Ocean and me as a little pond in the sand, BUT................................... I WON

 

Little me against All of Their Big Guns:D

 

If I can do it anyone can - and I don't say that lightly.

 

Cassie

[mariejader]

I thought you were due in court on Thursday?

 

Do you want to give us all an idea of what you have done so far with your claim?

[Paddy O'Moron]

Hi Marie,

 

I thought that the case would be heard 28 days from Service of the claim by the court to Abbey, but that was just the 28 days in which they could file their defence. They filed the defence last week, and so we are on to the next stage, for which I am preparing myself. I'm just reading the many useful posts here, plus the MCOL help pages (which are excellent). And who knows, maybe one day, I will be up before the beak, complaining against Abbey, who took quite a bit of money off me.

 

Rough dateline for this case (I was lucky in that I had all my statements)

Dates are approximate

 

8th March 2007 - wrote Claim Letter and attached Spreadsheet detailing all charges, and adding Interest at 8% (Letter templates I got from Moneysavingexpert.com website, but the ones here are just as good) Excel Spreadsheet I worked out myself - I can give you the formula to work out Simple Interest if you like.

 

2 weeks later, letter from Abbey - we are investigating, blah blah blah, nothing of substance.

 

2 weeks later, letter from Abbey - go to hell Mr Customer - our charges are fair, you were notified up front, reflect the true cost to us of processing your overdraft, etc etc.

 

1 day later, instigated Court proceedings against Abbey - via MCOL website. Easy to do, nothing complicated. I can help you if you like.

 

1 week later, letters from court acknowledging my claim, etc.

 

1 week later, letter from court stating that Abbey will defend.

 

1 week later (May 24) letter form Abbey ("without Prejudice") setting out their defence. The usual stuff that loads of users of this site have received.

 

Today - I await forms from the court relating to the Case. I have all my facts and figures, and I am not in a negotiating mood. So no Goodwill gestures from Abbey will deter me - I have been messed around by this lot, and I want every penny. I will fight all the way. And so should anybody who has been subject to these ridiculous and excessive charges by any bank

 

BTW, the same day I first wrote to Abbey, I sent a similar claim to First Direct. ONE WEEK LATER, I was offered 85% of my claim. I accepted, no problems there, FD were open and up front about it. That's why I have lost patience with Abbey, and why I am not prepared to settle for a penny less than my claim.

 

Abbey - why complicate things? Indeed

[mariejader]

I thought that the case would be heard 28 days from Service of the claim by the court to Abbey, but that was just the 28 days in which they could file their defence

 

 

well I am glad you made your way here, at least the advice on this site is correct when I read your original post which you said you were in court Thursday to be honest I panicked which is why I sent you the link to this fantastic site, thankfully you had got it wrong and no harm was done, this just proves how important it is to understand the whole process and be prepared.

[Paddy O'Moron]

Yes, thanks again for directing me here - Martin's site is fantastic (and helped me to recover about £1500 from FD), but it's easier to find your way around here, and you can get specific information.

I'd love to help anybody else out who is having problems - I think it's the least I can do, considering all the help I have been offered.

 

It's amazing what the people can do if we unite against a common injustice! Wonder if we could get people to stop dropping litter in this lovely country??

 

[Paddy O'Moron]

Not sure if y'all are aware of this, but there may be a change in procedure down at the Court. I have not yet received my AQ, etc, as I was expecting (after Abbey filed their defence).

 

I called the Help Line today (June 6th), and was told that these documents are no longer issued in 'Bank Charges' cases. I was told that all I will get is a Notice of Transfer - ie the case will be transferred to my local (for me, Essex) Court.

 

Anybody else get this? What's the best strategy for dealing with this? Specifically, can I still file for Abuse of Process (as the great Mariejader did), or will I have to await my day in court?

 

Paddy! (48 today, 48 today!)

[mariejader]

can I still file for Abuse of Process (as the great Mariejader did), or will I have to await my day in court?

 

I have been called some things in the past but great is a new one, my head will be twice the size with all these compliments

 

Not sure if y'all are aware of this, but there may be a change in procedure down at the Court. I have not yet received my AQ, etc

 

 

Have a read of this:-

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

[cassie2006]

Happy Birthday Paddy:D

[Paddy O'Moron]

Thanks Cassie Lassie,

 

Was hoping to have a few bucks from abbey in order to have a little celebrate, but will defer until I get my money back off them. Which I will do. Get my money back that is. Oh and celebrate too. The birthday, and the victory.

 

Got to take my Beginners' Group out running tonight - they are doing well. From zero miles 6 weeks ago, they will run 3 miles tonight. Without stopping. All they have to do is believe. That's what has kept me going in the great Battle of the Abbey.

 

P

[ICY]

All the best to you, and to all you posters (esp mariejader), THANKS. This is what Comsumer Action is about - people power. Together we are strong. (Wish I knew the Latin for that - would sound very formidable)

 

Paddy

 

 

una nos es validus

 

Quite catchy that lol

[cassie2006]

Must remember that phrase.

 

Don't worry Paddy - you'll be able to celebrate your Birthday (or anything else you want to celebrate) and know the Abbey paid for it;)

 

They have just given me back 5K that they took from me - I know for a FACT I wouldn't still have that money if they hadn't taken it (plus 8% interest). This was a great savings account with 8% interest????? where else would you get that????

 

Enjoy every minute WHEN you get your money.

 

LOL Cassie:)

[mariejader]

Happy Birthday Paddy, I never noticed it was your birthday in your original post or maybe you edited it;)

[Paddy O'Moron]

Hello Folks, Paddy again.

 

Not had much happening on the Court Case, but in the last week, my case has been transferred to a court more local to me (good), and this court has decided to transfer to another court less local to me (not too bad). This most recent court sent me a

"General Form of Judgment of Order" which said:

 

"Before DISTRICT JUDGE XXXX sitting at XXX County Court XXXXX

 

Upon reading the Court File and of the Court's own initiative

 

IT IS ORDERED THAT the claim is stayed until 27 June 2007 to be referred to District Judge xxxxx in paperwork on 27 June 2007

 

Dated 21 June 2007"

 

(I left the court location etc blank, just in case. You never know who might be reading this. Don't want to give them any extra ammo!)

 

This letter was dated 22nd June, and I received it on 23rd June.

 

So, what do I do now?

 

I have any paperwork the court may need, but I am out of the country from 28th to 30th June. I don't think I'll be expected to provide anything to the court BEFORE 27th June, will I?

I am assuming that if the Court requires anything from me, they'll ask for it, and by the time I get the request, I'll be back in the country, papers in hand, ready to zoom off to the courthouse.

 

Has this happened to anybody else before? What is the judge likely to do? I am assuming (maybe ill-advisedly) that they will follow all the other judgements and award in my favour. Maybe however the good Judge will send for me, and put me in the dock to be grilled by the massive Legal Team I'm expecting Abbey to appoint.

 

Will keep you posted - should know more by Saturday, but any help on this one will be appreciated!

 

Paddy

[Robdblynd]

That order simply means that the judge will look at all the paperwork for each case and decide whether to allocate to small claims in County Court or refer to Mercantile Court.

 

Why not give them a ring and as if they need any other info from you before then, that was you won't miss a chance.

[Paddy O'Moron]

Thanks Rob(!)

 

Will give them a tinkle, and see if I can help them.

 

I'll let you know how it progresses. Appreciate the help

 

P

[Paddy O'Moron]

My latest update!

 

Got another order from the court (on foot of the June 27th paperwork thingy), that there will be an Allocation and Case Management Conference in July 25th. I am expected to attend.

 

Only problem is that I have booked a holiday that week, and will not be in the country (well, how was I supposed to know??) :-|

 

What usually happens at these Conferences?

 

Would a letter to the court help? If so, what should it say?

 

Is there anything I can send the Court by way of paperwork that will help them?

 

I understand that the courts are swamped out with these cases, and may start to throw them out if the claimants start delaying proceedings. I don't want this to happen (but I don't want to miss my holiday either!!)

 

Any suggestions?

 

Please and thanks

 

Paddy

[feater]

Call the court and explain that your away. There was no AQ requested so you were unable to specify which dates you wouldn't be able to attend.

[Paddy O'Moron]

Thanks Feater.

 

Will do. Got a lot of my docs together anyway, just not sure when to present to the court. Hopefully the good Judge will allow me a week's holiday

 

Thanks again

 

Paddy

[Paddy O'Moron]

Copy of my post in the 'Claims transferred to Southend' forum

 

Folks of Southend (and I suspect Bank Charge Claimants everywhere)

 

I bring you good tidings. You will not see me in Court, my business with Judge Dudley is now finished. In fact, I will never get to meet the good man.

 

I got a leter from Abbey yesterday, to wit, Settlement in Full. That's it. All over. Abbey and I are square. Every penny they took from my bank accounts from 2001 is now going to be repaid, plus interest, plus court charges. Bingo.

 

This is not a victory - how do you win, when all you do is reclaim what is rightfully yours? But, I can't help the odd little smug grin of satisfaction every now and then.

 

All readers here should soon be in the same boat. My case was no different to any others. Abbey have finally got the message that they are wasting their time and money in trying to defend these cases. It is impossible for them to persuade a court to rule in their favour.

 

I am out of the country from Sunday for a week. Please post here details of any letters you receive from Abbey. If you don't receive such a letter very soon, please let me know. I will tell you what I wrote in my letters to Abbey, and all the documents I had at the ready, plus my plan of campaign. But, I did nothing different to what I was advised to do here on this site, and on Martin's site. Therefore, if you are still locked in a battle with Abbey, you may use my case (well, it never even got before the Judge), and my letter from Abbey as proof that they are paying up, and that my claim was no different to yours. In other words, they paid my claim, they will have to pay yours.

 

Note that I did not enter into any written or verbal communication with Abbey or anyone in their pay - 2 letters is all I wrote (just using the templates here), then started court proceedings with MCOL. No phone calls, no emails. I had no time for that.

 

Let me know if you need any help, or additional info. I want to help you.

 

For the record, I claimed £1297, and received £1385 (as they kindly added in Court Costs)

 

Good luck to you all, I genuinely expect that you'll shortly be receiving the same letter I got. Anybody up for a drink in the Last Post in Southend when all this is over? I have an idea for a lovely Cocktail. The Abbey Refund, I am calling it. I'll buy you a glass of it!

 

PS Donation to this site on the way.

[ICY]

CONGRATULATIONS PADDY

[Lula]

excellent, very well done that man

[feater]

Congratulations. You can have that belated bday drink now!

[lisam1969]

Well done !!!, I am at the very early stages of court so far, so hopefully should be having one of thoses cocktails soon....enjoy your holiday....

p.s...Happy Birthday to me today...38...

[Lula]

Happy Birthday Lisa XXXXXX