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Hello All ** WON IN COURT **


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Hi All

 

The papers would now have been served on grabbey shabbey, oh and they sent duplicate set of statements oh dear oh dear oh dear.

 

I must admit the sooner I'm out of there the better. Could not roganise a P**s up in a brewery even with the taps on. And I had a letter from them saying that because of customer relations deteriorating they can close the account.blah blah blah. Do I look worried:-D :-D

 

Also it might mean me forcing abbey to relaese the info that i requested under the DPA letter through the courts. I read somewhere on here the way to go about it using the N1form is that correct if it's right or wrong could some-one point me in the right direction.

 

Andy

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Hi All

 

Recieved today notice that the "acknowledgement of sevice has been filed".

 

Defendent filed an acknowledgement on 13th July. Then next paragraph it say's

the defendent responded to the claim indicating an intention to defend all of the calim.
So does this mean they are intending to defend or is this just a run of the mill response?

 

Acknowledgement filed by soliciters Piper Rudnick.

 

Andtroy

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It means exactly what it says - they are planning on filing a defence. Standard stuff, nothing to worry about.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Hi All

 

Just to up-date you all had nothing from Abbey relating to thier defence so still waiting to see what happens.

 

I'm also going to go into the court today and pick up the N1 forms to force abbey to relaese the info on my account as they have still not complied ( no surprise there then).

 

Cheers

 

Andtroy

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Hello Again

 

I have sent DPA disclosure request and abbey have replied with:

 

We can however supply details of the transaction held on the microfiche on payment of an administration fee.The fee is as follows:-

£5.00 for 1 monthly statement that has been archived

£10.00 for multiple monthly statements that have been archived

.

 

So they are offering to reveal the info at a price so what should I do now bearing in mind that the 40 days are up, so should I just go to the court and get the papers and take it from there.

 

Any help would be appreciated

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Thanks for that karne I will go and have a look in the library.

 

The finacial claim is still on-going abbey have filed an " Acknowledgement of Service " on the 13th July. So they have 28 days from then to file thier defence, needless to say I have not heard anything yet. So that will take me up to the 10th August.

 

In the mean time is there anything that I should be doing?

 

Cheers

 

Andtroy

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Thanks for Karne I will go and top up my tan and not feel guilty about it:D

 

Having got to this stage I feel I just want to get it over and done with now but guess patience comes into play.

 

I might pop into the court and see if Abbey have filed anything yet.

 

Andy

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Hi All

 

I'm going to go to the court today to see if Shabbey have filed a defence, might pop in again tomorow.

 

I had my latest statement in today and guess what another £20 charge has been added to the account which has again thrown me over the overdraft limit, I totally despair of this spanish outfit, they still at this stage of the game have the audacity to add a chage, I just find it toatally inconcievable. O.K. rant over:D . The bright side I suppose is another £20 for the holiday fund :)

 

Andtroy

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Hello All

 

Went to the court today and Shabbey have filed a defence, the lady I saw said the the Q & A has been sent out today and I should recieve it all tomorow. Although she was kind enough to give me copy of the defence.

 

Andtroy

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Hello All

 

Went to the court today and funnily enough the Shabbey have filed a defence, the Allocation Questionaire has been sent out together with a copy of the defence, the aq has to completed on or before the 18th August. The lady I spoke to was kind enough to give me a copy of the defence.

 

Andtroy

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Hi Karne

 

Well not sure if it's the same template but it basically reads:

 

Paragraph 3 "At all times the Account has been subject to the applicable terms and conditions ("conditions") which form part of the contract between the Claiment and the Defendent and to which the Claiment agreed when he opened the Account. The Defendent will refer at trial to the full Conditions but for the purposes of this Defence will refer to the following extracts:

 

(1) " you can apply for an overdraft on your Acount. If we give you an overdreaft we will tell you your limit and the interest rate applicable."

 

(2) "An unauthorised overdraft occurs if without our agreement you overdrew your Account or exceed the limit of an overdraft which we have agreed".

 

(3) " If you have an unauthorised overdraft, you will be charged fees as set out in our Tarriff of charges or specified to you and these may include fees for transactios we are unable to process due to lack of available funds in your Account.

 

4. Throughout the period that he has had the Account, the Claiment recieved a number of copies of the conditions and of the said Tariff of Charges as they were amended and updated ( though there has been no material amendment to the conditions extracted in 3(1),(2)and (3)above).

 

5. Any overdraft facility on the Account was ( and is) subject to the conditions

 

6.The Claiment has overdrawn or exceeded authorised overdraft limits on the Account on a number of separate occasions, full details of which will be provided on disclosure.Therefore by virtue of the conditions referred to in paragraph 3 above such overdrawing was unauthorised and in breachof contract and the claiment became liable to pay fees to the Defendent in accordancewith its Tariff of Charges applicable at the relevent time. In accordance witht the Conditions.suchfees were debited to the Account.

 

7. In view of the facts and matters referred to in paragraphs 3, 4, 5 and 6 above, the Defendent denies that the amount of £615 or any amount was unlawfully debited to the Acoount and the Claiments claim for the repayment of the amount is therefore denied.

 

8. The Claiment's contention that the said fees are unenforceable and/or are "panalty charges" is deniied. The fees reflect and are proportionate to the Defendent's administrative expenses incurred to the Claiment's breach of contract and are a genuine pre-estimate of the damage suffered by the Defendent.

 

9 Further or in the alternative , even if the said fees are not proportionate to the Defendent's administrative expenses incurred (which is denied) , the claiment reamins liable to pay such fees as may be found to be proportionate and the Claiment is not entitled to claim repayment of the full amount of each charge made to the Acount.

 

10. No admissions are made as to the amounts claimed by the Claiment and the Claiment is put to strict proof of the same.

 

Then it was signed by Laura Gordon Trainee Solicitor. and my surname's Bennett, Gordon Bennett

 

 

Well thats their defence. As I said in my earlier post the aq will be here tomorow in the post along with this defence which has to be done on or before 18th August.

 

So basically how do I now go about wrecking there defence and is there anything I should be aware of.

 

Cheers

 

Andtroy

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Hi Karne

 

Thanks for that this being my first defence wasn't sure whether it was standered, yes typing it out does help to make it stick in ones head, took bloody ages though.:grin:

 

Waiting for post now and then will fill the forms out.

 

Cheers

 

Andtroy

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Back again

 

Two points that I need clarifying:

 

1, Since filling out the N1 forms which incorporated the interest under the CC regulations at 8%, obviously days have passed so how do I update that.

 

2. As in my post yesterday Shabbey have kindly added more charges to the account so can I add these to the existing claim or wait until I do a new one.

 

Cheers

 

Andtroy

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Hi

 

Nothing in the post this morning tomorow maybe.

 

Anyway been to the library and printed reams of stuff about going to court filling out the aq and even just going to sit and listen to a few cases which I thought was good advice , gives you a feel of the place. So plenty of bedtime reading, :grin: :grin: tomorow will go through it with the defence, and start building my case just in case. excuse the pun :grin: :grin:

 

Andtroy

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Hi

 

Had the N149 form come through today, filled most of it out according to the guidlines given in the library. Not sure though what to put in the "other information" box though, any suggestions would be helpful.

 

Shabbey have also sent all the requested statments through today.

 

Cheers

 

Andtroy

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Hi

 

Thanks for that I did see it Lord Lee's thread but was not sure if it was applicable to the "other information box, thanks for clarifying that will do that now and can get it off tomorow.

 

Cheers

 

Andy

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Hi Karne

 

Have started reading your thread and going to go back and finish the rest of the saga:D :D .

 

Any way have now filled out the "other information" in the aq form so will get that of to the court in the morning and send one of to DLA tom dick and harry as a matter of curtesy.

 

At this stage of the game I feel inclined not to enter into any dialogue with dla unless they approach me first ( usually reading the threads the 50% offer) which will be declined, besides which it would not re-pay the overdraft which thanks to grabbey shabbey has tipped it over the £400, so will have to go for the 100%.

 

As soon as I get this one out the way will start the next claim which will be for about £60-£100. I know this seems a bit petty but I am so annoid with them that I just refuse to let them get away with it.

 

Anyway going back to finish of reading your thread.

 

Cheers

 

Andy

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As soon as I get this one out the way will start the next claim which will be for about £60-£100. I know this seems a bit petty but I am so annoid with them that I just refuse to let them get away with it.

 

It is your money unlawfully taken so far from petty to want it back :)

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Hi All

 

Well looks like I'm on the home run at last:D

 

Had to go out early this morning and on my way delivered the aq to the court, the very nice lady said that Judge might get to look at it today and I should get to hear within the next two weeks.

 

Got home about 4'o'clock this afternoon and in the post was a letter from dla with a 50% offer. So l as I said above looks like I'm on the home stretch Immmmmmmmm sooooooooooooo pleased I have got this far.

 

Anyway what to do next, in a quandry, for those of you who have been in this postion you will know what that the letter contains. Basically they said that Abbey have a right to charge something so if I go for a 90% deal it will mean that I will be allowing abbey to charge £3 per charge on my acount it will also clear the overdraft and still give a few quid (see karnevil thread ). Or should I reject this offer and hold out for the whole lot.

 

The other point made in the letter is that dla want to avoid any further costs ie them submitting a dla ( did not cost me anything as I'm on benefits ), so by me submiting the aq does that give me in some way an upper hand.

 

Please let me know your thoughts I have basically the weekend to chew it over and will respond with a letter to dla monday

 

Cheers

 

Andy

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Hi

 

Thanks for responding. Not yet had every intention posting it after being to the court as I wasn't sure about the fee, had to fill out yet another form to get myself exempt, but anyway I needed to bring home dla aq and alter the fee box, but I will send it tomorow or monday with the offer, what do you think send them sepratly or together just thinking about postage, bit skint at the mo.

 

Andy

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the £615 that I'm claiming are known charges to the account that happend this year and I think £80 from last year so because I knew they happend and I had the statemnts I went ahead with the claim.

 

There's a letter in the library with a shall we say a more direct approach which is what I eventually used to get the statements from abbey and they did. but there was only one more charge on there plus one that went on this month ( see earlier post ). So might ring them and say look you have just payed back so much in refund for charges how about refunding these as well or, else done it once etc. woth a try.

 

Also while I'm here what about the 8% tax as laid down by the cc act. Dla are just giving me what I quoted they dont seem to be adjusting it on a daily basis maybe I should point that out to them until a settlement is agreed. what do you think.

 

Andy

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Hi Karne

 

Thanks for that will draft a letter today and go for the 100% and update the interest, and send in the copy of the aq, all in one envelope.:D

 

At the end of the day they are the ones who forced this situation and have been so bloody minded about it .Well two can play at that game lol:D

 

Cheers

 

Andy

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if you ever accept a settlement make sure you state ....the claim will be deemed settled once the money is recieved by you ..., then until it is you continue your claim .This will stop them delaying the payment as you are seeing more and more 'settled' but waiting ages for their money.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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no not really , you just need patience with doing this .They know the courts are going to take a while and they know that some people don't have much money as it is so they are probably hoping that the longer it takes the more desperate people will be so will accept lower settlement figures. This would make me be even more determined not to accept a partial settlement or any conditions.As once again IMO they are just bully tactics and hoping out of desperation people will back down.It makes me sick and so angry that the people who can least afford it get treated this way again ARGHHHHHHHH

 

sorry rant over lol

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Hi

 

No go ahead it all helps and is relevent, thing is we are all learning from one another, I for one had gleaned a whole lot of info thanks to this site. Like so many people who'd have thought people would be taking the on *anks:D :D

 

 

Andy

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