Help please - preparing for court with Abbey ***WON***

[money2me]

Claiming £2500 approx from Abbey on behalf of my son.

In court on 23rd July for 10 minutes and no AQ completed as not requested by court. Docs required by court no later than 9th July so busy preparing them.

No communication from Abbey since defence received and currently waiting for them to send all T & C's since 2002. One question, do we only need the T & C's for the dates charges were incurred or for whole time period the charges span across. Charges made mostly in 2005. Looking at the posts on this thread there appear to be approx 10 sets of the T & C'S for 2005 alone.

I'm not wanting to use mountains of paper. Any advice please.

[ohoh4312]

Hi there

 

Not 100% sure on this, but from what I have read on here - and I've done an awful lot of reading, believe me! - you only need one set of T & C's for the time when the account was opened, not for the dates of the charges.

 

Hope that helps

 

Jo xx

[money2me]

Thank you for your reply.

Would anyone advise that I send the docs in as soon as because of the post office strike tomorrow. Wouldn't want to be struck out because they didn't arrive before the 9th July.

Thanks

Di

[ohoh4312]

Hi Di

 

Yes, the sooner the better - also shows you mean business!!

 

Jo xx

[ICY]

And dont forget once it goes in, claim for costs

[money2me]

I was hoping you wouldn't say that. I now know what I'll be doing for the rest of the day! Just delaying the obvious really but I need to bite the bullet. I have most of the info but need to copy everything which is going to take time.Thanks again for the advice. A cup of strong coffee then head down to business

Fingers crossed x

[money2me]

And dont forget once it goes in, claim for costs

 

Icy - How do I do this please

Thanks Di

[money2me]

Is anyone able to tell me how I can get a decent print copy of the litigation successes for Abbey. The copy I printed off last night is very poor. Thanks

Di

[ICY]

there is some more information on wasted costs orders here

[ohoh4312]

Hi again

 

I just had a look at the litigation spreadie, and found if you change the font size - I changed it to 14 - it is much clearer. I printed out a page to check.

 

It is still fairly light, but legible.

 

Hope that helps

 

Jo xx

[rbrears]

Ideally you should include in your bundle T&Cs that cover the whole period over which charges were taken and the ones that were current when the account was opened.

[money2me]

Jo, Icy and rbears

 

I'm really stressing now. Abbey have not responded to my request for T & C's sent it recorded delivery over a week ago for the years the account has been open 1997. To print off all would be a nightmare. Jo thanks for the suggestion about font size I'll try that. I have papers all over the floor at the mo trying to sort this.

What about charges incurrred since claim went in as my son is still getting charged about £110 a month. Is this a new claim or can we add this once at court.

Every post gives me more questions!!!

Di

[ohoh4312]

Hi Di

 

Abbey probably won't respond to your request, especially if they are clued up and know it is for your bundle. Sorry for that.

 

So it looks like you may have to print them all off, but on the plus side that all adds to your wasted costs order - paper, ink and time.

 

Unfortunately, once the claim has been submitted, you cannot add more charges to it, unless you apply for an official amendment, costing £35 I think which is not reclaimable. This will also delay your claim further, so you may be better doing a new claim for these afterwards.

 

Very best wishes

 

Jo xx

[money2me]

Jo

Thank you again.

Font size worked so that's one task done.

In my overview statement of the case do I include that Abbey did not send the statements in correct format, just a printed list of transactions which we had to go through. Statements received recently now show when charges will be deducted but their print outs didn't.

Any suggestions as to what to include appreciated. I am assuming it's a revamp of the particulars of the claim or is it!

[petcat]

Hi reka has posted a thread yesterday called Abbeyterms and conditions 1997 with all the relevant t&c s you need. cant post link try searching for reka and viewing all threads ny him.good luck

[ohoh4312]

Hi Di

 

Found this on a sticky; does it help, or cloud the issue further? There does seem to be conflicting advice around

 

 

Originally Posted by reka

I was of the opinion that as the abbey themselves said in their defence that they applied the chargesas a result of my breach of contract, a matter i did not dispute, then i didn't need to supply them as it was not a matter of the breach of the contact that were in debate, but the amount they were charging as a result of the breach! *this is my opinion..... but include them as everyone is saying they now need to be included*

 

Spot on.

 

T&C's not strictly necessary v Abbey. Only if you need to point to the specific term of contract you allege has been breached, as you do with say Lloyds. As above Abbey readily admit a breach so T&C's not crucial

 

(Quote by GaryH, moderator)

 

Hope I am not giving you another headache!

 

I can't help you on the overview question I am afraid, but hopefully someone else will.

 

Chin up

 

Jo xx

[money2me]

Hi reka has posted a thread yesterday called Abbeyterms and conditions 1997 with all the relevant t&c s you need. cant post link try searching for reka and viewing all threads ny him.good luck

 

Hi Petcat

 

Will do.

Has anyone esle included any success stories or supporting evidence apart from what the CAG suggests as part of their bundle. For example transcript of interview with Peter MacNamara and BBC radio 2004and a piece on BBCnews webpage in May this year about 'Banks branded as veaxtious defendants'. I was going to include these along with the litigation successes. Any thoughts anyone.

 

Di

[money2me]

Hi Di

 

Found this on a sticky; does it help, or cloud the issue further? There does seem to be conflicting advice around

 

 

Originally Posted by reka

I was of the opinion that as the abbey themselves said in their defence that they applied the chargesas a result of my breach of contract, a matter i did not dispute, then i didn't need to supply them as it was not a matter of the breach of the contact that were in debate, but the amount they were charging as a result of the breach! *this is my opinion..... but include them as everyone is saying they now need to be included*

 

 

Spot on.

 

T&C's not strictly necessary v Abbey. Only if you need to point to the specific term of contract you allege has been breached, as you do with say Lloyds. As above Abbey readily admit a breach so T&C's not crucial

 

(Quote by GaryH, moderator)

 

Hope I am not giving you another headache!

 

I can't help you on the overview question I am afraid, but hopefully someone else will.

 

Chin up

 

Jo xx

 

Jo Thank you. There are some wonderful people on this site.

I am having trouble keeping up with you all.

I have emailed Reka to request a copy of the T &C'S FOR 1997 as I can't seem to download them from archive site.

Now off to do my overview statement. Found a useful post to help with this.

I then need to copy everything twice which I'll do tomorrow.

Di

[owenp]

Hi All,

 

My case against Abbey is due to be heard on July 25th. I've printed out the 3 copies of everything in the Court Bundle but I'm wondering about the Competition Commission Report. 3 copies of that would be over 1000 pages (I think!) If it has to be printed so be it but might it be ok to refer to it? Has anyone else printed the whole document?

 

Also, does anyone know where to get these T&Cs for Abbey? My charges span June 2000 to Jan 2005.

 

Phew it's hard work this bit. Papers everywhere. Where I'd be without you guys on this forum I don't know. Actually I do....NOWHERE!!

 

Thank you heaps for any info on above points.

[money2me]

Hi All,

 

My case against Abbey is due to be heard on July 25th. I've printed out the 3 copies of everything in the Court Bundle but I'm wondering about the Competition Commission Report. 3 copies of that would be over 1000 pages (I think!) If it has to be printed so be it but might it be ok to refer to it? Has anyone else printed the whole document?

 

Also, does anyone know where to get these T&Cs for Abbey? My charges span June 2000 to Jan 2005.

 

Phew it's hard work this bit. Papers everywhere. Where I'd be without you guys on this forum I don't know. Actually I do....NOWHERE!!

 

Thank you heaps for any info on above points.

 

Hi.

The advice I have been given here is that you need terms and conditions from the day you opened your account not when you are claiming charges from. Hope this helps!!!

 

Di

[reka]

WOW, my ears are burning

 

Okies, here is a link to Abbey T&C's nov 1988, I have converted the leaflet to text now and here is the thread! Please reply om that tread if you need them as i am getting lots of requests every day for them, and posting on that thread will bump it up...maybe it should be a sticky?

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html

 

As was quoted above, i did not include any T&C's in my bundle and i won in court. The Abbey say in their defence (all defences i have seen) that the charges were as a result of breach of contract. You need to agree that you did breach the contract but that the charges they imposed did not relate to actual loss by themselves. Thus making the T&C's not necessary in your court bundle as they are not in dispute, its the amount you were charged that is, and untill Abbey disclose the information showing a breakdown of how much it "actually" costs them, then they are going to keep getting hammered.

 

The T&C's are only a few pages long, so there is no harm in putting them in the bundle, although at this moment in time its not essential to have them in there. So i still say put them in if you have them, you never know what may happen in the future!

 

(The above is just my opinion and not necessarily matter of fact)

[money2me]

Reka

 

Thank you again. What did you think of the court bundle please?

Di

[reka]

erm, i replied in PM's, didn't you get it, it looks great, everything you need.

 

There was only one other thing i had in my bundle that i found usefull, that was a schedule of charges that would be acurate on the day of the court hearing, its a subtle reminder to the Abbey what they will have to pay if they dont settle early, and very usefull if it goes to court to have the correct figures and interest accurate for that day (save you working them out or the Judge, may even get in his/her good books so you can go for wasted costs then

[money2me]

erm, i replied in PM's, didn't you get it, it looks great, everything you need.

 

There was only one other thing i had in my bundle that i found usefull, that was a schedule of charges that would be acurate on the day of the court hearing, its a subtle reminder to the Abbey what they will have to pay if they dont settle early, and very usefull if it goes to court to have the correct figures and interest accurate for that day (save you working them out or the Judge, may even get in his/her good books so you can go for wasted costs then

 

Hi Reka

 

No - No PM messages just checked. How do I do what you suggested about the interest up to court date please.

Di

[reka]

Did you use the office excel spreadsheet from this site, and is your pc running on XP?

 

if so make sure microsoft office/excell is closed. Then double click on the time that should be showing at the bottom right of your screen in the taskbar. Change the date to the date of your court case. Open the spreadsheet and you will see that the amount of interest has changed.

 

you need to print off 3 copies if you want to include it. I also recommend that you make sure the it says "Thissschedule of charges will be accurate on the xx/xx/xxxx (courtdate) only"

 

once printed off, close excel/office, then redo the steps to set the clock back to todays date.

 

hope that helps

 

Reka