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    • 4.  Under The Pre-Action Protocol 201?, a Debt Buyer must undertake all reasonable enquiries to ensure the correct address of a debtor, this can be as simple as a credit file search. The Claimant failed to carry out such basic checks. Subsequently all letters prior too and including ,The Pre action Protocol Letter of Claim dated 7 January 2020 and the claimform dated 14th February 2020 were all served to a previous address which I moved out of in 2018. 9.   The claimant failed to comply with the additional directions ordered by District Judge Davis on the 2nd February 2024 'The Claim shall be automatically struck out at 4pm on 3 April 2024 unless the Claimant delivers to the Court and to the Defendant the following documents.' None were received by the court nor the defendant by that date. re: 13 & 15...they dont need to produce the deed, thats a private b2b document only the judge can demand sight of. i would remove 13 totally as within their WS they have produced the Notice Of Assignment. and delete it from 15 a few ideas. dx  
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HELP NEEDED A.S.A.P plz


Ladidi
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Clarion48. Forgive me for being a little ignorant. But where is the FAQ page? I have checked and re checked and nothing to be found.

I have put 4months of work into this and loads of patience and screaming only to be no further forward than I was on day 1.

I am praying for a miracle.

I have done as the claims said and filled it in correctly and prinited off 3 copies of the claim and spread sheets and terms and conditions.

As I said in my last message I dont know what else they could possibly want from me.

Ladidi

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Okay......did you follow the instructions given on what to put in your 'Particulars of claim'?

 

When you login and click the bank charges forum page.......the FAQ's are on that page just a very little way down....in red. Read through those.

 

You don't need to send the terms & conditions with your N1....just your spreadsheet with each individual charge listed. When you go to the court they will tell you how much it costs.....depends on the size of your claim.

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Ok Clarion...I have found the information tyou mentioned the only thing it does not tell me is what these court bundles contain.

What else do i have to provide and prepare for this for when the time comes, as I said before i have little time as it is and it would be nice to be a few steps ahead if more info is required or i am supposed to get info for the bundle. I`ve read come people have pages and pages. I ahve no where near at the most I have 20 pages and thats just the claim and spreadsheets and T & C`s.

Anything else or where I can find a list of what is required would be a great help.

Ladidi

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Ladidi

 

Dont worry about the court bundle yet you are a while away from that. If you want, PM me your email address and I send you what I have so far for the bundle to get you started.

 

Good Luck

 

and everyone is here to help you every step of the way.

Julie

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Ladidi, glad i am not the only one here who dosn't know all the answers, I am at the same stage as you and will be handing in my N1 tomorrow. Don't even know if i have filled it in correctly but i am hoping that they will tell me at the court if i havn't! Luckily there seem to be lots of lovely people on here willing to give advice and keep us on the right track. Some of them have been through the process a few times. Maybe if i win i might be willing to give it another go through another bank (and be a bit quicker at it). Don't even know what to do once i've handed it the form! Will be keeping a close eye on all the others who are at the same stage. Good Luck!!

 

Cherryblossom

Once you hand in the N1 form, the court will then send you a letter titled notice of issue which tells you when they sent it to Abbey, when it will be deemed to be served and what date they have to respond.

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Your months away from the bundle Ladidi you should be reading up at this stage on AQ.

 

Hopefully you may find that you do not need to produce a bundle my case was thrown out as an abuse of process so I did not have to do one.

 

Once you submit your N1 you will get a notice from the court advising the date it was deemed served, Abbey will have two weeks to acknowledge your claim and they will defend in full.

 

By defending in full from the date the claim was deemed served they will have 28 days to enter their defence. So if it was deemed served on the 1st of the month it will be the 28th of the month that Abbey will have to have their defence submitted to court.

 

If you are unable to get on this site due to your work commitment it may be an idea to purchase Patrica Pearl's book "Small Claims Procedure" if you look in the boxes on the left you will see a picture of the book and a link to purchase it.

 

This book is fantastic it gives you a step by step guide and in the back there is a very good flow chart.

 

As I said before it is very important now that you understand the process and understand what you are submitting if you do get into the court you will need to be able to argue your claim.

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Quite agree MJ.......read, read, read. It's your case and you need to be able to argue it in court.....you will only be able to do that by knowing what you are arguing (even though it is unlikely to get as far as court).

 

The basic court bundle is in the bank template library....once you have downloaded and looked through that.....yell for the next step.

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Quite agree MJ.......read, read, read. It's your case and you need to be able to argue it in court.....you will only be able to do that by knowing what you are arguing (even though it is unlikely to get as far as court).

 

The basic court bundle is in the bank template library....once you have downloaded and looked through that.....yell for the next step.

 

 

Hi everyone

 

in relation to the read, read, read. I have been doing just that all over this website in fact lol

I have downloaded and saved a lot of stuff in preparation of my court bundle.

I know I am maybe months or weeks away and I am praying it is not required. But at the same time I dont want to be caught short at the last moment and having panic attacks worse than last nite.

To be honest I got on here this morning before I went to work and i dont know what whether it was the fact my mind was relaxed and not angry, but I seem to find all info and bits and peices that I could not find or see yesterday. I have saved everything that is required for the court bundle in case.

Oh yeah and a good bit of advice. I dont know if anyone else has asked but I did today. I found out that if you get working tax credit with the disablity element or council tax credit you may not have pay the fees.

My husband rang the court today while I was at work and they are sending out the information papers. They advised that I may or may not depends on info enclosed onto the forms. Might be worth for others who have not much funds to spare to see if they are entitled to court fund help. Not sur eof the process on this but I would then recomend that the court make the banks repay fees given to legal aid dept for costs incurred to their abuse of process..

Anyway will let you all know if any informtion comes of this.

Ladidi

Ladidi

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Hi everyone

 

in relation to the read, read, read. I have been doing just that all over this website in fact lol

I have downloaded and saved a lot of stuff in preparation of my court bundle.

I know I am maybe months or weeks away and I am praying it is not required. But at the same time I dont want to be caught short at the last moment and having panic attacks worse than last nite.

To be honest I got on here this morning before I went to work and i dont know what whether it was the fact my mind was relaxed and not angry, but I seem to find all info and bits and peices that I could not find or see yesterday. I have saved everything that is required for the court bundle in case.

Oh yeah and a good bit of advice. I dont know if anyone else has asked but I did today. I found out that if you get working tax credit with the disablity element or council tax credit you may not have pay the fees.

My husband rang the court today while I was at work and they are sending out the information papers. They advised that I may or may not depends on info enclosed onto the forms. Might be worth for others who have not much funds to spare to see if they are entitled to court fund help. Not sur eof the process on this but I would then recomend that the court make the banks repay fees given to legal aid dept for costs incurred to their abuse of process..

Anyway will let you all know if any informtion comes of this.

Ladidi

 

 

i have also been reading on here about people claiming for the time and money at a rate £9.25 per hour. Do ayou calim in the beginning of you claim or does that come when you submit you bundle an dinclude money for time and priniting etc. How far do you start making that initial claim from? Is it from the very beginning or when you have filed your N1?

Any help pn this question would be great :)

Ladidi

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Hi all, I have received a letter from the Abbey and this is what they have said to me. Out of all the money they make they send your letter out second post. Cheap skates or what! Does anyone know what my next move should be?

 

Dear Mr and Mrs ****

 

Thank you fo ryour call 7th April 2007 and your calls and correspondence since, about your bank charges. I am sorry you ar eunhappy with our previous response moreover, I sincerely appologise for our delay in responding to you.

 

Having carried out a full investigation, we believe the charges are valid and therefore I cannot agree to refund them.

 

The unfair Terms in Consumer Contracts Regulations 1999 say that we must explain our charges in plain language and that we have in good faith, which, according to the Office of Fair Trading, means dealing fairly and openly with customers.

 

I therefore reveiwed the literature and information you received when you opened your account, including the terms and conditions. This explains that charges will be applied if you do not keep to the terms and conditions of the accoutn. Because of this, I believe we have been fair and open in telling you about them. The charges were correct, because you did not have enough money in your account to cover payments requested from it. When I looked at the history for your account I found that, unfortunately, this was not the first time this has happened.

 

I can see we have refunded charges, in the past, as a gesture of goodwill. I am sorry, that because of this, I cannot agree to cancel these charges.

 

I am confident that I have been fair and we have taken into account all the ppoints you made in your calls. But if you have any additional points that you would like to discuss, please call on 0845 600 6014. I have enclosed a leaflet about the FOS, in case you are not happy with my investigation or decision. If so, you should contact them within 6 months of the date of the letter, enclosing a copy of it, as they would need this for their investigation.

 

I hope we can work together to help you avoid charges in the future. Little things can help, like checking your account balance as often as possible and looking at the dates of Direct Debits to make sure they are taken shortly after money is paid in. In addition we might be able to help by providing an overdraft facility to give you more flexibilty. This could help to keep your costs down, as there are no charges unless you exceeed your overdraft limit. So, if you wouldlike to talk to someone about the options available, Please call out Telephone Banking Center on 08459 724 724. Alternatively, If you think you might need longer-term help to manage your bank account, Please call 0845 603 9035 and we will be happy to help.

 

Your Sincerly

 

Senior Customer Resolutions Manager.

 

 

The way the letter is worded sounds like he was saying he was doing me favour by offering me an overdraft and repaying for bank charges earlier. I got that money back because it was their fault they incurred not mine.

Ladidi

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  • 3 weeks later...

Hi everyone.

 

I filed my claim at the local county court the other day :-D finally! I have received a notice of issue from the court today.

 

Can anyone tell me what I have to do now?

 

Do I wait for 14 days or 28 days? according to what I am reading on the letter fromt he court they have until the 23rd of july to reply

 

Do I wait until I hear from the court or from the abbey?

 

Any advice would great..I feel excited and a bag of nerves at the same time

 

Thanks

 

Ladidi

Ladidi

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Just sit back and wait now, they will acknowledge just before the 14 days are up then they will defend at the very end of the further 14 days

:madgrin:

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Just sit back and wait now, they will acknowledge just before the 14 days are up then they will defend at the very end of the further 14 days

 

 

Hiya Icy

 

Does this mean I should start preparing my court bundle? in prepartion for court?

 

Ladidi

Ladidi

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There is also a request for judgement slip at the bottom of my notice of issue. Do i need to do anythig with this? or is that what I would fill in if the Abbey do not file in time?

 

Sorry for all questions. I know I`m hopeless!!

 

Ladidi

Ladidi

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hi,im sorry to but in but im in the same position,Abbey have until the 25/7 to acknowledge my claim and although ive been reading and reading i seem to be going round in circles.I claimed using MCOL but didnt realise at the time that it wouldnt be my local court that deals with it.Its miles away.

I am really unsure about all the paper work I need .Please Help.

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Hello Ladidi,

Don't worry about mcol being miles away, once abbey file their defence the claim should be transferred to your local county court.

 

Don;t forget though if you filed through mcol to send a copy of your particulars of claim (a full breakdown of the charges you are claiming) to both the court & abbey - make sure the claim number is on the particulars of claim, and any accompanying letter. I would also recommend that you send it recorded (to get a signature).

Regarding the paperwork you need - i don't think you need to worry about getting papers together just yet - wait until abbey acknowledge your claim and submit a defence.

 

Hope this helps.

 

Jo

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Hiya Icy

 

Does this mean I should start preparing my court bundle? in prepartion for court?

 

Ladidi

 

 

No not yet, i made the mistake of rushing to get the bundle sorted, and i dont need it yet, the judge will tell you when he wants the bundle to be submitted by, dont worry

:madgrin:

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thanks for your help,Im finding this really scary now.Can I ask the court to bring it to my local one?I will send a letter as you said,thankyou.I dont know if im cut out for all this.

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thanks for your help,Im finding this really scary now.Can I ask the court to bring it to my local one?I will send a letter as you said,thankyou.I dont know if im cut out for all this.

It will be transferred to your local court

 

Stay strong

:madgrin:

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Hiya Everyone

 

As you know I filed my N1 claim at the county court the other week.

I was wondering as the Abbey have until the 23rd to either make a defence or totally forget about me so I win anyway * Wishful Thinking again*

Would it be a good thing to send them a email and offering to settle for a little less than claiming as I could do with the dosh A.S.A.P. I mean my claim is for 5.3k so I thought straight £5k.

Anyone got any thoughts on this?

 

Ladidi

Ladidi

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Has anyone got any thougts on what I said re above?

 

I would appreceitate some advice because I would rather not go ahead and end do something where i am just shooting myself in foot, so to speak.

 

Thanks

 

Ladidi

Ladidi

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I would deffinatly email them, they are very hit and miss at the moment, in that some claims they are agreeing to the settlement put to them and in others they are rejecting them, but it is certainly worth a try

:madgrin:

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