Have I messed it all up?? Huffy v Abbey

[huffynixs]

Is it possible to also claim ATM fees within the 6 years......? I have lots!!

 

Thanks

[jonni2bad]

No - this is a service I'm afraid- you just have to do your best to avoid the charging ones!

[huffynixs]

Ok, so ive made a mistake......

 

Ill explain - Ive followed all the steps, got a copy of all the statements and started my preliminary approach for payment. In the letter used, where you need to enter the AMOUNT WHICH YOU HAVE CHARGED ME IN OVERDRAFT INTEREST, i entered the amount for which should have been the 8% APR. I sent both my letters (two seperate accounts with abbey) and the reply i have had is that the charges are fair and where prompted by payment requests against insufficient funds and are in line with the terms and conditions.

 

I then followed the next step (not realising my stupid mistake) and completed the claim money online form, in order to take Abbey to the small claims court.

 

Ive now realised after completing the small claims court request that ive made that mistake in my original letter. Will this affect my claim and getting my charges back? In the small claims court form, i have put the correct amount including 8% APR.

 

Oooh i hope this makes sense, and hope someone may be able to help and advice me if i completely made an ass of the whole thing?!?!

 

Thanks

 

 

 

HUFFY

[huffynixs]

Thank you, (sigh of relief)...... my total charges on both accounts including 8% APR come to £4681 so will keep you posted!

[mahala]

yeah so long as your claim is right in court I wouldn't worry.

[huffynixs]

Ok, so I am at the Moneyclaim stage, and have submitted my claim……. Although I’m sure I need to send the details of all the charges over the last 6 years. Do I need to send them separately in the post?, or is there somewhere I should be attaching them on the claim…. I can’t see anywhere…..?!

[LondonPam]

I'm not yet at that stage but from what I remember reading on other posts there is an indicator on the online form that you check to say that items will be following by post. You can then post your schedule of charges off to them.

[huffynixs]

Thanks!!

[huffynixs]

OK, so i went through all of the correct steps in order to reclaim my charges back. After sending the refund request letter, Abbey responded with the usual - denying the claim that the charges are unlawful.

 

On 16/06/06 i completed the money claim online form and awaiting my response from Abbey. Today - 13/07/06 still no response.

 

So my step - Complete the Judgement by Default form on Money Claim online..... but am confused about the period from and period to dates..... which dates should be entered here?? I tried the start date of which my charges go back to but they are not accepted so im obviously doing something wrong! help please!!

 

Huffynixs

£4801 incl court fees

[huffynixs]

Hi

 

Thanks for replying, will check out both those posts....

 

It seems my claim was served..... yes i used moneyclaim website, so thats all good... Abbey never replied at all to the claim... so i issued the judgement on 14/07 which is being sent to the defendant.... You ve helped to understand it a bit more, and it seems my dates are all fine....

 

Im going to check out the other threads beofre serving the warrant..... Thank you for your reply!!

[huffynixs]

........... Now i am at quite an important stage and am slightly lost!................

 

I followed all the procedures upto issung the warrant, and then they didnt enter a defence within 28days so I entered judgement by default .. and the bailiffs were sent in......

 

The court dealing with it then was in Milton Keynes. From what i understand they - Abbey/Piper Rudnick are applying to set the Judgement aside.

 

I then receive a document with Notice of Hearing of Application from Wandsworth County Court, The Hearing of the defendant's application for DLA Piper Rudnick Gray Cary UK LLP on behalf of Abbey the defendant will take place at 12:00 on 13th November.

 

So, from what i gather from other peoples thread, i just continue to wait?!?! Or does that mean i have to go to the Hearing?? Now im getting worried, can anyone give me some advice?

 

Worried?!?! Will i be buying early xmas prezzies or fall flat on my face.....

[huffynixs]

--------------------------------------------------------------------------------

 

........... Now i am at quite an important stage and am slightly lost!................

 

I followed all the procedures upto issung the warrant, and then they didnt enter a defence within 28days so I entered judgement by default .. and the bailiffs were sent in......

 

The court dealing with it then was in Milton Keynes. From what i understand they - Abbey/Piper Rudnick are applying to set the Judgement aside.

 

I then receive a document with Notice of Hearing of Application from Wandsworth County Court, The Hearing of the defendant's application for DLA Piper Rudnick Gray Cary UK LLP on behalf of Abbey the defendant will take place at 12:00 on 13th November.

 

So, from what i gather from other peoples thread, i just continue to wait?!?! Or does that mean i have to go to the Hearing?? Now im getting worried, can anyone give me some advice?

 

Worried?!?! Will i be buying early xmas prezzies or fall flat on my face.....

[Lula]

They will probably be granted the set aside, but this continues to really wind me up, they have ample time to file a defence and fail to do so, that is the point of deadlines, but the courts seem to choose to ignore them and allow set asides.

 

Well you can object to it, but it will be probably granted in the end, so I think your best bet is to agree to it and you will soon get your offer, you will still be buying early xmass pressies

[barracad]

5 threads merged - please stick to one thread!

[huffynixs]

My court date is due 13th November and I still havent received any correspondance from Abbey at all, since they changed Solicitors and transferred the claim to a local court to set the judgement aside about a month ago. Its only 6 working days left, shouldnt i have received something by now??

[huffynixs]

Should i call and ask if they want to settle the claim?

[huffynixs]

Hi Karnevil

 

I couldnt find a suitable scanner to scan the whole document but have copied the relevant detail below

 

(The case was originally transferred from Northampton County Court to set aside judgement having been filed).

 

Notice of Hearing Application

 

In Wandsworth County Court

 

at 12:00 on 13 November

 

DLA Piper Rudnick Gray Cary UK LLP on behalf of Abbey National Plc intend to apply for an order that Pursuant to CPR 13.3 to set aside judgement in default which was obtained by the Claimant against the defendant on or about 14th July 2006.

 

because the defendant has defence with a real prospect of success and/or pusuant to CPR 13.3 (I) (b) there is good reason why the judgement should be set aside or varied or the defendat should be allowed to defend the claim.

 

We wish to reply on the attached witness statement.....

 

signed by DLA Piper Rudnick Gray Cary UK LLP

 

________________________________________________

 

attached are statements claiming they have a bundle of documents exhibited to this witness stament etc etc (i can try and scan all this if necessary)

 

also refers to both my account number which i am cliaming against - one of which they have incorrect.....!

 

The witness statement also refer to the banking code of practice etc...

________________________________________________

 

Now, since then i have received notification that my solicitors have changed to Abbey National PLC themselves.

 

_________________________________________________

 

I cant see that there is anything i need for this, but do i need to attend, as that could be something i need to sort out asap.... and should i ring them and see if they'll settle of just continue to wait?

 

I know it seems silly, but the closer i get to the actual date, the more nervous i get........ it seems so much more scary and i rally dont want to loose!!

 

Thanks

[huffynixs]

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