Hi Beaker, I am glad for you but gutted that you don't get to send in the bailiffs, would have loved that:D . Well done and enjoy. Regards bish.

Hi Barney Realy depends on how busy the court is so can't realy put a time scale on it. Patience is needed in these cases as getting frustrated tends to leed to mistakes. Easy for me to say, had mine settled recently, however took 8 months, so know all about frustration. Best wishes. Regards bish.

Hi bigmama Karn is right get the N1 ready as you will need it. Templates library is very useful as is Karns links. Attach a schedule of charges to the N1 and good hunting. Regards bish.

Hi pie Yes £250 and yes you are over the £5k limit for SCC. However my claim was for over £8k yet abbey requested SCC, and still settled without full disclosure. You could be allocated to the fast track and costs up to £750 could be awarded if you loose. This is very unlikely as they will not go into court. When you file your N1 you will receive an allocation questionaire sometime after. Attach the draft directions found here Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary . It is all still in the small claims court but on different tracks and therefore under different directions. HTH. Regards bish.

Hi Kimmy Go here and download the free software Free alternative to Excel , then go to here to get the spreadsheet 6. Interest calculation spreadsheets , download the bank advanced excel spreadsheet. HTH. Regards bish.

Hi phil NOT TRUE just not happening at the moment for you. The point will come when you get your money back and that is the most important thing for you. Some courts are a lot slower than others and if you have nothing to report then no response. I had this with my story, kept thinking no one was interested but seen a lot of people refering back to my case now. Your turn will come along with Anney and Janney, just keep chugging along. Regards bish.

Hi All Good to have heated debate, gets things resolved and points raised. It also helps to bring up points of view that you or we have missed. So hijacking can be good at times, I will go away thinking about Nicks, Glenns, Kimmys, and my own posts, and come back tomorrow with some relevent arguments I hope. It also saved me from watching loads of crap on the TV tonight, thanks guys and girls and goodnight. Regards bish.

Hi Anney Get the glass of wine and sit down and relax, plenty of time yet so no need to panic. As you should be fully aware of plenty of people working on your case and with you. Abbey will not be so prepared as they will never enter a court room. Get a good nights sleep and post tomorrow, things will seem a whole lot clearer. Regards bish.

Hi Glenn I think you are correct in what you say, but the angle I am coming from is that if you apply contractual interest to your claim, and avoid the pitfall that you encountered then they must pay you the contractual interest, they have no choice other than to enter court and defend the charges, which they will not. I am thinking of other claimants and possibly getting them to actualy defend a case. My charges were £6600, if I had had the bottle like you to apply contractual interest, then the interest alone would have taken the claim to well over £10k. Can they afford to start paying claims with contractual interest, as they can not enter court to defend the charges, they have to settle. I still have one claim against a credit card, and am going to go for contractual interest, what I am trying to do is encourage others to follow your lead, If nothing else it will cause them pain and money, which hurts them. Regards bish:D PS It may not have been the default he was worried about.

Well done mate, a good week for the poor consumer. I am hoping that the same effect that bank charges have on customers is now happening in favour of customers. The snow ball effect, the more of us that win, the more of us will claim. :D Regards bish.

Hi bigmama Did you give them a time scale?, if you did then once that has expired issue your claim on the N1 or with MCOL. Good luck. Regards bish.

Hi Kimmy I used the openoffice advanced spreadsheet, click on the box where it has 8% interest and in the formula/text tool bar change the 8% to the reqired figure, click on the green tick to change and recalculate the spreadsheet. Any probs then let me know.HTH. Regards bish.

Hi Fluke Yes many people have had this response to SAR requests, I think they are getting better, but I waited 7 months. Regards bish.

Hi Monnie Obviously they should send you a cheque as your account is closed, however I do believe that they did pay money into a closed account before, I think it was srfrench. I sugested to frenchy that he go into his branch with id and account details and demand his money. Check out the srfrench threads. I would at some point in your claim inform the court that the account is now closed and that you require any settlement payments by cheque. Perhaps at the AQ stage. HTH. Regards bish.

Hi Kimmy Glad we are of assistance, if you use the right spreadsheet you can just change the interest from 8% to 27.8% and the spreadsheet will do all the calculations for you. Hope I am not teaching granny to suck eggs. Regards bish.

Hi all Will Anney still have to attatch the list to the N265 or can she just send the revamped index list from her court bundle. I will assume that some sort of form will accompany the list. I thought the only forum to be seen on was the Abbey one karn. Regards bish.

Hi Nelly Good luck with your claim, I hope that you have better luck with the A&L but some how doubt it. My credit reference is probably in the anti-matter part of the universe, although I some how do not see that as a bad thing. The only positive thing I have seen with having a bank account and credit is the 8% return on my money when I got all the charges back, a lot better than any savings accounts. Best wishes. Regards bish.

Hi Anney On my third, but Karns on the case now so no worries. Not a typing error then, not come accross this before so will leave it to the moderators/staff. I am always keeping an eye on your case Anney as very much like my own, but gone in slightly different direction. The outcome will be the same, just got to be patient and pragmatic. Regards bish.

Hi Glenn Do you think they will go into court, they can't disclose so how will they get into court to defend the interest and defaults. You have put a lot of time and effort into this and I realy hope that it pays of for you, you deserve it. Regards bish.

Hi Kimmy Got a bit of a discussion going here, but relevent to your claim. I agree with Glenn here, and the point I am making is that if you replace the S69 8% interest with the banks contractual interest, to argue against the contractual interest the bank would have to enter court to defend the whole of the claim. As we all know by now the banks can not defend the penalty charges, which is the main part of the claim. If they wish to enter court to defend just the interest 1. They have to disclose or 2 They have to seperate the claim as they did in Glenns case. As Glenn said he was not expecting what happend at an allocation hearing, I was a bit taken aback by it and was expecting the same treatment at my allocation hearing. When they settled my claim I thought why ?, the only reason I could think was the contractual interest. If they can not seperate the claim as they did with Glenn, then they either have to enter the full hearing or pay up, catch 22. If any one finds themself in Glenns position, they must state without predjudice in any dealings prior to the full hearing or at least wait for non complience to directions. This is just my thoughts on the contractual interest business and I could be wrong, and will stand corrected if anyone can argue a good case to the contrary. At the end of the day it is about forcing a bank into court, Which this could well do if the charges are sufficiently high enough that the addition of contractual interest pushes the claim into substantial sums, or everyone applies CI. Also all interest at a hearing is at the judges discretion. Regards bish.

Great stuff, will be watching. MK a bit far for me, but if you want me there I will come just ask. Regards bish.

Hi Anney Had a quick look at N265, most of it is as you say not relevant to you as you are disclosing all documents relating to the case and you will have searched all possible places for docs & evidence. Fill in the form and list all the docs in your bundle at the end, a revamped index list seems ok to me. Once completed and leaving out personal details, either post on here so we can give it the once over or send to a moderator so they can check it, or both. Oh yes you have no objections to copies being provided to the defendant. HTH. Regards bish.

Hi Anney No you are not going to fall at the last hurdle, standard discovery sounds like a typing error, or fraudian slip. This is good, court orderd disclosure which abbey will not abide by. Contact the court and inform them of the typing error and ask if it will affect the claim. I don't think it will as it is quite clear what is required. I have not had a chance to look at the forms, but will do and get back to you, although sure Gary will as well. Don't panic, plenty of time, close now to getting settlement. Regards bish.

Hi Not experienced these sort of blunders but it is to be expected from a wunch of bankers. Regards bish.

Hi Kimmy Do not want to put you in a catch 22 position, but the point I have tried to make to a number of people is that, if the banks do not want to enter a court to prove that the penalty charges are lawful, you have them by the B***oks. Because as long as you keep the charges and interest all one claim they can not enter court. Therefore they must settle whatever the claim for interest, It is the judge that decides weather he will allow interest to be added at 8% or 27%. If it never reaches court, as seems to be the case, then it is us who decide the interest. The simple fact that the banks will not face couirt means that as long as you avoid Glenns not without predjudice discusions then in theory you should get the contractual interest. Unless one of the banks would like to step into court and prove their charges. Sorry Glenn to use your case as an example, but it is a good example and one to use. Regards bish.