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Hello again,

 

Beginning to sound like a broken record, BUT .....

 

.... surely there will be at least one Claimant who does not show up in court today? If you hear of anybody not turning up, could you let me know what the Court says? I can't make my hearing next week, and I want to let the court know in advance that I won't be there, so I need some idea as to the correct thing to say in a letter.

 

How about: "Dear Judge, sorry, but can't get to see you on the 27th. Off tanning my ass in Spain. Will get in touch when I return, so we can pick this case up from there. Regards, Paddy". Or words to that effect.

 

Well, thanks to the whelming amount of replies received, I have now drafted a letter to the Court myself, informing them that I shall not be able to attend. I intend to deliver this in person, along with enclosures tomorrow, as I work in Basildon.

 

It seems that of the many hundreds of claimants whose cases are being heard in Southend in the recent past, I shall be the only person who cannot make the hearing. Therefore there is no point in reproducing my Letter to the Court here. However, if you are in the same position as me - ie you booked a holiday weeks ago, in the belief that it would be on Abbey (ie you would have got your refund by now) - let me know, and I'll send you a copy of the letter. It was drafted with the help of a friend who is in the legal profession.

 

P O'M

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My meeting is on 25th July - can someone please give me a list of exactly what I need to take and where to find it, I keep going round and round in circles and I would like to turn up fully prepared but just keep getting confused with what is relevant to me?

 

I didn't send any of my letters enclosing schedles by recorded delivery just normal post, but assume Abbey have received them as they have prepared defence, corresponded with me re them and have never claimed not to have received them despite me referring to them in the letters. I haven't sent a copy of the letters to the court at all, thought Abbey would have enclosed a copy - bit paniced now - should I do this urgently? HELP

 

 

Abbeys brief saying not having schedule charges is just another delay tatic their way of getting out of why it not settled yet

 

as to what to take/do

 

1 Take a copy of statements and a schedule of charges(speadsheet) correct as of court date so when they say we not recieved them you can physically hand them over in the prescence of the judge

 

2 Make sure you understand the basic principle of why you are entitled to the charges back UTCCR-SOGA if not confident to quote/argue it write it on a sheet of paper and take it with you (from my experience yesterday this bit wasnt needed as it was taken for granted)

 

3 nothing else unless you have tried claiming for anything other than charges then take along things to help you argue your point on this

 

4 for your own peace of mind take along a folder with all correspondce that you have had with abbey in regards this but you wont need it

 

 

Believe it is not as scary as you think Judge Dudley is a nice Gentleman (even if he didnt let me have my own way on CI :mad: but didnt expect to get that after recent events) and it is a very relaxed atmosphere

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

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Quote:

Originally Posted by Paddy O'Moron viewpost.gif

Hello again,

 

Beginning to sound like a broken record, BUT .....

 

.... surely there will be at least one Claimant who does not show up in court today? If you hear of anybody not turning up, could you let me know what the Court says? I can't make my hearing next week, and I want to let the court know in advance that I won't be there, so I need some idea as to the correct thing to say in a letter.

 

How about: "Dear Judge, sorry, but can't get to see you on the 27th. Off tanning my ass in Spain. Will get in touch when I return, so we can pick this case up from there. Regards, Paddy". Or words to that effect.

 

Well, thanks to the whelming amount of replies received, I have now drafted a letter to the Court myself, informing them that I shall not be able to attend. I intend to deliver this in person, along with enclosures tomorrow, as I work in Basildon.

 

It seems that of the many hundreds of claimants whose cases are being heard in Southend in the recent past, I shall be the only person who cannot make the hearing. Therefore there is no point in reproducing my Letter to the Court here. However, if you are in the same position as me - ie you booked a holiday weeks ago, in the belief that it would be on Abbey (ie you would have got your refund by now) - let me know, and I'll send you a copy of the letter. It was drafted with the help of a friend who is in the legal profession.

 

P O'M

 

 

Sorry couldnt help on this but there was some who didnt show but we wernt privy to why or if they had informed the courts prior to the event

 

all i can say is that by sending the courts a letter stating that this is inconvieniant due to a holiday i am sure will suffice which is what you are doing so all the best with your claim

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

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I would suggest you take a schedule of charges, I would also take the schedule into your local branch and either get someone to take a picture of you handing them over or get someone on the front desk to sign for them.

 

It will not make any difference but will make their position of not recieving them look more silly!!!

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My meeting is on 25th July - can someone please give me a list of exactly what I need to take and where to find it, I keep going round and round in circles and I would like to turn up fully prepared but just keep getting confused with what is relevant to me?

 

I didn't send any of my letters enclosing schedles by recorded delivery just normal post, but assume Abbey have received them as they have prepared defence, corresponded with me re them and have never claimed not to have received them despite me referring to them in the letters. I haven't sent a copy of the letters to the court at all, thought Abbey would have enclosed a copy - bit paniced now - should I do this urgently? HELP

 

ULB - here is my take on this.

 

First of all, this is not a trial, so no real evidence will be heard, and (realistically) no documents need to be produced. What the Judge wants to do is to make sure that your case has sufficient preparation (by you, and if possible by the bank) to allow it to proceed. He also wants to know what the bank has to say about each case (in case there is something they can show the court to prove that the case should not proceed).

 

As the experiences of the other subscribers to this Forum state, Abbey are claiming that they have not received details of any (or most) claims. This is not sufficient to have the claim dismissed, but it's best to help the court (and to show that you can back up your claim with documentation) if you bring what documents you have in relation to the claim so far.

 

I would expect you to have:

 

1. Copies of Bank Statements, showing the application of the charges in question to your account. (Put little pencil ticks beside each charge (or ring them) - don't use highlighter, as they don't photocopy too well)

 

2. Spreadsheet (schedule) of all the charges levied on your account by the bank, extracted from your Statements, plus Interest if you are claiming that.

 

3. Copy of Claim Letter sent to the bank requesting a refund of charges, and which would have been sent along with the Spreadsheet

 

4. Proof of posting of 3 (Don't worry if you don't have it, it's not really vital)

 

5. Any correspondence received from your bank in relation to the claim. (Now this would be good to have, if the bank claim to know nothing about your claim)

 

6. Copies of any subsequent correspondence from you to the bank

 

7. If you are claiming thru the MCOL route, you'll have a copy of the Claim Form you received from Northampton.

 

Get all the above documents (you should have at least items 1, 2, and 3). Keep the originals, and make 3 (three) COPIES of every document. Bundle them up into 3 sets of documents, keeping the documents if possible in chronological order. A simple list at the front of each bundle is useful both to you and to the court. Any notes you make on the original documents should be done in pencil if possible. This is all the documentation you can reasonably be expected to have at this stage of the proceedings.

 

At court on the 25th, if the bank denies having received a claim, all you do is give two sets of your documents to the Judge (he may well ask you if you have a copy of the claim). The Judge will keep a copy for himself, and give the other copy to the bank. (It's best to say "if it please the court" and deal directly with the judge (or his clerk if he has one present). The 3rd copy is for your ref, and to prevent you from losing original documents which may be needed if you ever go to a Trial - keep the originals in a safe place)

 

The Judge will then ask the bank what they intend to do, ie are they going to settle the claim or are they going to contest it in court. This is not really important to you, as the likelihood is that a trial will not take place, or if one does, you'll have all your paperwork in order (a bit more than what I've outlined above, but we'll get to that later if needs be), and you will win. (with a little help from your friends here)

 

BOTTOM LINE: As the banks are claiming that they do not have details of any claims, be able to show the court that you have these details, and that you have made reasonable effort to pass these details on to the bank. The fact that they claim not to have the details is not your fault, nor does it mean that your case cannot proceed. All you're saying (in front of the court) is "well if you don't have details of my claim, here they are now".

 

The bank cannot now claim not to have received them, unless they want to go down the road of calling the judge a liar. Not even the banks and their legal advisors would be that stupid.

 

It's the hope of Judge Dudley that somewhere a Test Case is heard in relation to these Bank Charges, and the court in question decides in favour of the Claimant. The good Judge can then say "All of these other cases are identical in terms of paperwork, etc, and I therefore award in favour of the claimants in each case". Bang of the gavel, and all done bar the shouting.

 

Hope this helps.

 

Paddy

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hope everyone is sitting comfortably, i have got a little story to tell you....

 

had a good day in southend yesterday - got the 28 day settlement judgement or go to final hearing that lots of us got....however...

 

woke up this morning and went on line to see what my account was up to and horror:mad: my husbands cheque had not cleared.... not that earth shattering i hear you cry! but it should have cleared today put in the Abbey on 12th July quite clearly says on the online statement that it will clear on 18th...so i ring the Abbey...oh what fun... get a young lady who says they have problems with ATM machine cheques, they can organise an overdraft until problem rectified...i says ok if there is a problem i accept that to some degree however i need the overdraft now cos i have commitments etc....

 

3 hours later no overdraft so i ring again...young man this time who doesnt seem to know about the ATM problem and tells me that cheques do not have to clear at any specific time of the day and it will clear later....told him what i had previously been told and he said i will go and check....comes back your cheque is not due to clear til tomorrow...no i says it is due to clear today and there is a problem so overdraft was going to be arranged, no he says it is not our error, no overdraft, the cheque is not due to clear til tomorrow....i loose the will to live at this stage :p and explain that in the 18 years we have banked with them my cheques always clear at or around midnight, and if they have changed this how come not had letter to explain....ends up putting phone down before i get a chance to swear at him...

 

husband comes in and rings them...gets told there is a head office problem with our cheque and it will definitely clear tomorrow....

 

so i ask myself.....if they know it will definitely clear tomorrow what is the problem and why wont it clear today....and being paranoid...is it because i was in court yesterday i wonder....:rolleyes:

 

has anyone else had problems like this since they started claim?

 

:p

rose

 

p.s sorry for long post just had to vent my frustration....ahhhh

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Hi Rose

 

I'm sure it is just a coincidence...but lets face it nowadays with Abbey the right hand doesn't know what the left hand is doing. They couldn't arrange a p**s up in a brewery!

 

Know what you mean though about being able to go to bed knowing that for now at least no more trotting off to court. I slept a hell of a lot better last night than I did the night before.

T J :p

 

 

S.A.R Sent 21/8/06

Statements and microfiche received 11/10/06

Request for payement of charges 29/1/07

LBA sent 21/2/07

MCLO filed 26/3/07

Acknowledgement of service recieved 4/4/07

Defence filed/received - transferred to Southend 30/4/07

Stayed unitl 27/6/07

Allocation & Case Management Conference 17/7/07 14:00pm

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hi rose,had the same thing few weeks ago, child ben didn't clear on monday,has cleared on mondays for 16 years,phoned abbey and was told technical error,will clear next day,asked if it was because i'm taking you to court? cause not,yeah right.spoke to some mums,just me. tried to mess up paypal aswell.got wages paid in,couldn't get it out,another technical problem, think my acc has a black mark for bad behavior. naughty abbey!!

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you and me both, we have had a cheque from this guy for the last 12 years my husband works for him and never had a problem before, just seems so funny that it happens day after court and they gave me three different reasons...

 

still can move on to another bank soon....:)

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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.

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Paddy, very many congratulations on your "win" and your eloquence lol someone has been kissing the blarney stone :D, can you pm me with your letter please.

 

Enjoy your week off !!!

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Many thanks everyone for your list of documents that I would need to take on 25th however, I will now not need to attend!

 

Received letter today from Abbey advising they were raising a cheque in full and final settlement of my claim and would be advising the court likewise.

 

For the record I will receive £4,951.61 (inc. interest and court costs).

 

Good luck everyone, am sure you will all receive your letter soon!

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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.

 

Hi Paddy

Many Congrats on getting your money back, could you PM me your letter as I would like to kick arse....I have been given a November date for the case to be heard and knowing Abbey they will string it out until then.

Thanks

DS

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Many thanks everyone for your list of documents that I would need to take on 25th however, I will now not need to attend!

 

Received letter today from Abbey advising they were raising a cheque in full and final settlement of my claim and would be advising the court likewise.

 

For the record I will receive £4,951.61 (inc. interest and court costs).

 

Good luck everyone, am sure you will all receive your letter soon!

 

Wow another winner, congrats on getting your money returned to you.

DS

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will done unlawful bankers

 

got the very same letter this morning, looks like abbey have realised their in a no win situation

 

thanks everyone for your help

 

donation on way

 

mickyn

 

Wow and another satisfied Abbey customer, congrats in receiving all your money back.

DS

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