lisa11 v Abbey

[lisa11]

I have been putting Abbey National on all my paperwork but have just realised that everyone is calling this the Abbey does this matter?. i.e do I have to change all my paperwork

 

Thankyou

[lisa11]

thankyou you so much. I was using the wrong one!!!

 

I have another query with this - section 7.

 

The example advised to put a transaction on where you were only a few pounds short form the d/d going out.

 

To be honest with you the way I have always run my account is that the money has been in and the d/d has gone out or no money has been in the a/c at all on the day the d/d had been pulled but what i have always done is check abbey banking first thing every morning normaly 6ish and moved money over from my direct a/c which shows up immediatley - on some occassions these d/d's have gone out, on others they havent - another factor I have picked up on is that if you have enough money in your account for say 2 d/d's and three need to go out abbey will fail the whole 3 - that has happened in the past - is this sufficent evidence?

 

I know that will use their t & c's for these examples as they have already pointed out to me that the money for a d/d to go out has to be in the day before. But my arguement is not their t and c's - its their costs.

[hisholinessthepope]

I have had no dealings with Abbey but if you look on the bottom or possibly the top of one of their letter heads it should tell you who they are, what their "real name is" as it were. Might say something like Abbey National is a trading name of Abbey plc.

 

Mind you they are now part of Satander aren't they?

 

I wouldn't worry if your paperwork to date has been slightly the wrong name. If still in doubt post a new thread and ask in the Abbey forum what is their correct name

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/

[mariejader]

Lisa what stage are you at?

 

If your at the Aq stage then just send Abby a copy of the completed AQ along with the draft order you are asking the judge to consider, and the attachments ie, mullen v hackney

[lisa11]

Mariejader,

 

My court has dispenced with the AQ so I have submitted a court order to the judge advising I will send documents in 14 days.

 

I do not have the mullen V hackney case to rely upon. I have just checked through the statement of evidence I saved and the CAG bundle. So I am really worried I could be missing the crucial cases which should be in there.

I have also looked on this website and cannot find it.

[lisa11]

duplicate

[mariejader]

have a look here this may answer your questons

 

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

[lisa11]

Does anyone know where I am able to find Act so I am able to include this within my Satement of Evdence please.

 

I was hoping to print off the Act to include and highlight this section in it but cannot find it the Act on here on or via google.

[lisa11]

I have submiited directions to my local court with a draft order and have been busy preparing my documents to send into the court within 14 days.

 

I thought the 14 days was from me submitting to the court my draft order but I have just picked up from another thread - HSBC - that you send it should the judge agree. I am now very confused....

 

Do I wait for the courts response i.e judge to agree or do I automatically send these documents to them?

 

See below for order:

Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

[mariejader]

You wait for the judge to give you directions as to what he wants, you have sent in a request for want of a better word with the draft order, the judge may agree with you or he may totally ignore what you have asked for.

 

It may be an idea to pm a mod and ask for all your topics to be merged, keep them all together as one you will get more advice because people will know how far you have come in the system

[lisa11]

Thanks Marie,

 

I have just emailed a moderator to ask for this to be done.

 

Something that is really confusing me- so I stick to one thread only is that I would like to change the title as I have more queries and am finding that this cannot be done - so the title may not refer to the up to date question. Is there a way to do this.

 

I really appreciate your feedback over the last few days. I am starting to find the whole process so confusing. I am such an organised person so I find it really frustrating to not know what to do next.

 

I got so confused over the draft directions and the court order I submitted. I understood the whole process but thought that as the court order stated that i had to send all documents within 14 days that it meant from the date handed to the court- not the date should the judge approve. It just means now that I can relax abit more and wait to hear back.

 

many thanks once again.

[lisa11]

I cannot find any letters that Abbey have sent me to include in my bundle and statement of evidence with regards to my unpaid direct debit charges and to be honest with you I do not know if I ever received them or when I did I chucked them???.

 

I knew the charges would be coming out of my account as it stated this on the btotom of my monthly statements.

 

Do I ring Abbey to request one to be re-issued - they may refuse.

 

Do I include in my bundle that I have no letters.

[Russjo]

You don't have to include letters that they have sent you about unpaid direct debits. All you need is copies of your statements and letters that you have sent them and them to you since you started your claim, plus the other documents that are listed in the court bundle