I was looking again at my claim which they settled in full i.e. they paid everything I asked for. Abbey have only offfered 65% of my husbands claim, therefore thinking we should hold out a bit longer. Are we in our rights to say we would accept £x in final settlement??? As always help is very much appreciated

Thank you.

My husband had his claim stayed some time ago and we asked Abbey to relook at this claim under the financial hardship rules. Abbey have looked again and have made an offer of £700 less then the original claim and fees. What should we do??? Settle for what they have offered or hold on and see if they will offer any more? If the test case is lost we should get this all back anyway shouldn't we? Or am I reading this wrong. I would appreciate your advice

It took them 7 days from the date of their letter. However it took another 7 days for the money to clear in my account.

Just an update! I filed my list of documents and my schedule of charges with the court copying them to abbey as requested. 2 days later, (not receiving anything from abbey in the post) I received a letter from Abbey stating.... "We have now conducted a complete reconciliation of your account and without admission of any liability, Abbey National PLC has determined, in this instance, to settle your claim in full. Payment will be made in the sum of £5***.**. Payment is in full and final settlement of your claim." Just now got to wait for the money to be deposited into my account. Thanks to everyone who helped me!!!!

Just an update! I filed my list of documents and my schedule of charges with the court copying them to abbey as requested. 2 days later, (not receiving anything from abbey in the post) I received a letter from Abbey stating.... "We have now conducted a complete reconciliation of your account and without admission of any liability, Abbey National PLC has determined, in this instance, to settle your claim in full. Payment will be made in the sum of £5***.**. Payment is in full and final settlement of your claim." Just now got to wait for the money to be deposited into my account. Thanks to everyone who helped me!!!!

I do not feel that I can really add anything to this list!! Any ideas? Couldn't find my original letter requesting payment either!!! Intend to rely on the following documents in court - 1. Correspondences FILE REFERENCE DATE DESCRIPTION NO. OF PAGES A 16/08/06 Letter: Abbey requesting £10 for statements requested 2 B 15/09/06 Letter: Statements from microfiche received 1 C 03/10/06 Letter: Abbey acknowledging compliant 1 D 05/10/06 Letter: Abbey carried out full investigation, state no regulations were contravened 2 E 19/11/06 Letter: claimant responding to (D) advising still going to pursue claim 1 F 5/12/06 Letter: Abbey unable to settle the claim, documents showing refund made on account 4 G 4/02/07 Letter: claimant advising legal action 1 H 4/02/07 Letter: claimant advising on charges, including list of charges on account 8 I 6/03/07 Letter: From Northampton Court advising Notice of Issue 1 J 16/03/07 Letter: From Northampton Court advising claim has been acknowledged 2 K 28/03/07 Letter: From Abbey enclosing copy of defence filed 4 L 29/03/07 Letter: From Northampton Court advising transfer of proceedings to Epsom Court 2 M 9/04/07 Letter: claimant providing information requested on account to Abbey’s legal team 1 N 28/04/07 Letter: From Epsom Court advising transfer of proceedings to Guildford Court 1 O 28/04/07 Letter: From Epsom Court, general form of judgment advising of transfer to Guildford Court 1 P 2/05/07 Letter: From Guildford Court with copy of defence and allocation questionnaire 4 Q 17/05/07 Letter: From claimant to Abbey with copy of allocation questionnaire 1 R 21/05/07 Letter: From Abbey enclosing copy of allocation questionnaire 6 S 22/05/07 Letter: From Guildford Court advising that Abbey have not submitted allocation questionnaire on time 1 T 8/06/07 Letter: From Guildford Court with copy of order 3 2. Authorities FILE REFERENCE DESCRIPTION NO. OF PAGES AA Claimant copy of bank statements, including those from microfiche 88 BB The Unfair Terms in Consumer Contracts Regulations 1999 13 Statement of Truth I believe the facts stated within this document to be true. Signed Date

I would personally ring the court and ask them. They should be able to advise you!! Abbey filed their defence late with my claim, but it was still accepted by the court. My defence was however on 2 days late. Not 15 or so like yours!!!

That great. Many thanks for your help. I have got my schedule of charges ready to post off to Abbey and the court. I will prepare my disclosure list today.

As promised a copy of the order that i was sent: On Tuesday, 5th June 2007 His Honour Judge Reid QC sitting at The Law Courts Mary Road Guildford Surrey considered the papers in the case and ordered that: 1) The Claim is allocated to the Fast Track. 2) The Claimant shall by 4pm on Tuesday 3 July 2007 send to the Defendant and to the Court a schedule setting out each charge a repayment of which is sought, showing the date, amount and reason given (if any) for that charge being made. If the Claimant fails to comply with this paragraph of this order the claim shall stand struck out without further order. 3)Disclosure of documents shall be dealt with as follows: a) All parties shall give to all other parties standard disclosure by list, the lists to be served by 4pm on Wednesday, 20th June 2007. b) Any request for a copy, or inspection, of any document shall be complied with by 4pm on Wednesday. 4th July 2007. 4)All parties shall, by 4pm on Tuesday, 10th July 2007, serve on all other parties the witness statements of themselves and of all witnesses (other than expert witnesses) on whom they intend to rely. 5) Neither party shall rely on or adduce the evidence of any witness whose statement has not been served in accordance with this Order without further permission from the court, in particular neither side may adduce expert evidence without leave of the Court.. 6) Not more than seven nor less than three clear working days before the trial, the Claimants shall file at court an indexed and paginated bundle of documents which complies with the requirements of Rule 39.5 of the Civil Procedure Rules and the practice direction thereto, and shall serve a copy of it on the other parties. The parties shall endeavour to agree the contents of the bundle before it is filed. Failure to comply with this direction may result in the case being removed from the list without notice 7) Pre-trial check lists are dispensed with. 8) 8) The Claim shall be listed for trial during the trial window from Monday, 1 st October 2007 to Friday, 19th October 2007 inclusive with a time estimate of four hours. 9) Because this Order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.

It was fast track as the claim is over £5,500 without fees etc. I will keep you posted on my progress!!

Thank you all. I'll check out the "help with providing a court bundle". I'll post up the Full order in the next few days!

I have received a letter today from the court saying that my claim is allocated to the fast claim track as I requested. I need to submit a lot of paper work to the court and just want to check I am sure what needs to be sent. Any advice will be appreciated. 1) A schedule of each charge - I am guessing this is the bank statements with my charges on, detailing what the charges are for. 2) Disclosure of documents; all parties to give by standard disclosure by list - I do not understand what this is? 3) Witness statements - I'm guessing that this is why I feel the charges are unlawful 4)An indexed & paginated bundle of documents which complies to Rule 39.5 of the civil procedure rules and the practice direction thereto - I am guessing this is the law that I am claiming under and proof of completion of the directions. Would the court be able to advise as to what I should be submitting?

I too need T&Cs from 1997 and can not open the link!!! Any ideas? If any one has T&Cs from near this date could they PM me PLEASE!!!

Looked on the weblink above for the terms and conditions. As my account was opened in 1996 will these still apply? I have hunted and cannot find any T&Cs from then? Any ideas?

This same thing happened to me. The local court will write to you and you will get a letter from Northampton telling you where the case has been transferred to. The local court will send you an allocation questionnaire, so I would start to read up on how to fill in the AQ, and prepare your evidence to send with it. Good luck

Thanks for that!! i'll certainly add them to my aq before i send them!! Will let you know how i get on

I am in the process of sending of my AQ to the court and worried that I am not really sure what i will need to send of to the court if they accept the proposed directions. The following 2 are worrying me the post!!! 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. Can anyone shed any light!!! Many Thanks