RE 17th july subject to trains being on time i should be there about 930ish i am taking a basic outline of arguments with me Why i am entitled to money back UTCCR and case list that backs it up Sale of Goods ACT Why i am entitled to CI over Simple interest +CASE LAW and why i think CI should be at 28.9% instead of courts 8%

thanks for that Glenn i knew you had appeared before the judge at southend in the past and just wanted some words of wisdom from you thanks for your time

Updated list of thoose of us going to be there on the 17th july and times we are in gig1965 10:00 spurs1 10:30 sf20864 11:00 (non-attending) bonking 11:00 Newbody 12:30 rsspence 12:30 TJ.Daws 14:00 rosemarymadder 15:00

Updated list of thoose of us going to be there on the 17th july and times we are in spurs1 10:30 Newbody 12:30 rsspence 12:30 sf20864 11:00 (non-attending) gig1965 10:00 bonking 11:00 TJ.Daws 14:00 rosemarymadder 15:00

started to compile a list of thoose of us going to be there on the 17th july and times we are in spurs1 10:30 Newbody 12:30 rsspence 12:30 sf20864 11:00 (non-attending) gig1965 10:00 bonking 11:00 rosemarymadder 15:00 TJ.Daws 14:00

read post 55 http://www.consumeractiongroup.co.uk/forum/abbey-bank/100805-claims-transferred-southend-3.html#post989752

just gonna take documents of all or lack of communication from abbey with me including letters from DCA where abbey passed the account to them and take along copies of legal arguments to try and point out why i believe i am entitled to certain things within my claim like Compound interest not simple and why i believe i am entitled to Interest on the charges at 28.7% and not the courts stat 8% from then on in am winging it

Shameless bump:oops:

just found this thread i was also done on the 27th june from a stay with court date 17th july 12:30pm so i will be their as well case management hearing glad to know i wont be the only one will try to get there in time for yours gig started to compile a list of thoose of us going to be there on the 17th july and times we are in spurs1 12:30 Newbody 12:30 rsspence 12:30 sf20864 11:00 (non-attending) gig1965 10:00 bonking 11:00

ok not posted for abit update time had a letter from southend court after being transferred there granting a stay for 1 month until the 28th june 07 after the stay now recieved a general form of judgement or order So it looks like i have a directions meeting and have to swot up on arguments now for the CI element of claim why i wish for Fast Track and why i am indeed entitled to my money But hey ho be a day out by a different CoastLine lol Any pointers or new arguments to try or points that i should need to cover welcome

the 8%is at the courts discretion and was never really any doubt on getting it Any interest above that is where we are looking for a precedent to be set

Unfortunatley the courts can choose to transfer it at their whim mine was filled by N1 at colchester and the courts have now decided upon filing AQ to transfer me to southend

i looked at the claim being for 11,000 as that is what i believe i am entitled to for various reasons but i was lucky in regards the costs side as i got remission on fees personally i would try for the lower fee where poss and take it from there

always best to write to shabbey as well that way it cuts off the defense of we thought this was settled and shows at a later date you kept all parties court shabbey informed of exactly what you intentions were are

SOL is statue of limitations applies to claims/charges pre 6 years

the case i believe she is refering to cliaiming COUGH COUGH to have won is that of Glenn Vs Abbey where they managed to get the CI element dropped but this was not a victory in court par say but that by his own admission Glen went in ready for an argument about SOL and wasnt as fully prepared for the CI argument as he should have been so was caught unawares

I think most have settled their claims on payout of charges and 8% as for the main points the best i can suggest is that the main arguments had been implied mutiality of contract etc where it is not written fairness and balance etc i.e they charge us it on our default it was never expected for them to do the same otherwise a provision would have been written into the contract we allow them to borrow our money upon depositing it and in return we get paid XX% interest on in credit balances for doing this but to my knowledge no one has followed through on just a CI element also might be worth trying to get hold of GlennUk Milktrayman and photogenic i think it was as they did appear to be some of the most knowledgeable in this area of cliaming and some of the strongest supporters of CI claims

PEN the money they refunded does it state it is charges and 8% or is it usual abbey GOGW if it abbey GOGW then say look remove it or i wll look at it as payment towards the accuring interest payment leaving charges outstanding but removing the CI part of your claim and you will take it as no response or the funds remaining in your account as their acceptence of these terms

for a good exanple of pre 6 year harge claiming i would recommend that you read a thread by a person called BONG won pre 6 year and current charges

18th August 2004 . according to wayback machine is dated 18th august but by the way i read their date codes it is the 4th august 2004 hope it helps sorry for the hi-jack Louis Wu

the bit that differed in this was Kevin didnt see it as he was in default(breach) of his contract when he went overdrawn whereas we all agree say it together Yes your honour it was my breaching the terms and conditions by trying to make drawings against my account that invoked these charges/fees:) hope the following helps highlighted the bits i believe relevant 6 Overdrafts 6.1 You can apply for an overdraft on your Account. If we give you an overdraft we will tell you your limit and the interest rate applicable. We can change your limit at any time, or the rate applying to your overdraft in accordance with Condition 5.4. We can also require you to repay your overdraft at any time. As long as you have not exceeded your overdraft limit, we will wherever possible give you at least 28 days' notice. 6.2 We also have the right to pay off or reduce an overdrawn balance on your Account by transferring funds from any of your other accounts with us (other than a mortgage account). 6.3 An unauthorised overdraft occurs if without our agreement you overdraw your Account or exceed the limit of an overdraft which we have agreed. If you overdraw your account when we have not given you an overdraft you are in breach of these Conditions and must immediately pay sufficient money into your account to put it into credit, taking account of any interest and charges you will have incurred. Similarly, if you exceed the limit of an overdraft which we have given you, you must immediately pay sufficient money into your account to bring yourself within your overdraft limit. 6.4 If you have an unauthorised overdraft, you will be charged as set out in our Tariff of Charges or specified to you and these may include fees for transactions we are unable to process due to lack of available funds in your Account.

hi shoe em I'm essex as well clacton region just ahead of you aq filed on the 30th april case been transferred to southend but thought let you know not the only essex member here

to re-iterate what Pkea has said STICK TO YOUR TIMETABLE not theirs what you have is their standard fob off letter they use it as delay tatics as the way things stand you can only go back for 6 years from when court proceddings start so the longer they delay you filing at court the less you can claim by virtue of time unless you are prepaired to argue Staute of Limitations etc which a few have and won but it makes the case harder and more drawn out So send your Lba as it is your time scale not theirs then read some of the on going cases and a few of the succesfully concluded cases against abbey and you will be more aware of all the standard and nasty underhanded tricks they will try to detter you from trying to get your money back

ok found a web archive that has quite a few of abbeys terms and conditions on it from different periods of time slowly going through it and will post quick links in here to the date/month/year that i find for them if anyone else has other web links to abbey's terms and conditions feel free to add them and try to give a time period they apply to thank you Abbey's web sites from a web archive . PERSONAL BANKING Section 24.3 is relevant bit 5th Feb 2002 . 2nd April 2002 . 3rd June 2002 . 14th October 2002 . 15th December 2002 . 1st Feb 2003 . 2nd April 2003 . SECTION 6.3 is the relevant part in these 18th August 2004 . 26th Sept 2004 . 27th Sept 2004 . 23rd Jan 2005 . 9th March 2005 . 14th April 2005 . 19th May 2005 . 8th Sept 2005 . 27th Oct 2005 . Supplied by others T&C's for Nov 1998 Rekka

Link for abbeys terms and conditions this is a web archive click on the month under year you want and navigate to the relevant section Internet Archive Wayback Machine