In go the bailiffs then, seems abbey are getting snowed under with the claims. I think the share holders should be concerned. I do not think that the return on their investment will be to good for the next few years. Regards bish.

Hi Glenn This was the bit I was unsure of, like you I am not a barrister or have to much knowledge of the law. If they have to enter court to defend the charges then they will not enter court to defend the interest. Bugger they have settled my claim. But that will not stop me encouraging others to go for contrctual interest. Well done mate, good job. I was sure he was trying to seperate the charges from the interest in your case. Regards bish.

Hi Phil This is good news, unless abbey comply with the original general form of judgement or order, that the court applied to your case ie 4. Not less than 14 days before the prelimanary hearing, the defendant shall file with the court etc etc. Have a look at the court order, If abbey do not conform with the original order by 22 Feb 2007, you can ask for judgement in your favour. The defence will be struck out otherwise. This is great news for you, the judge obviously knows what the banks are up to and has given them until 22/02/07 to comply with the original order, if they do not then he will strike out their defence. Wait for the money Phil. Well done mate, Although they could apply for a set aside, don't think they will, hope they pay up. Keep me posted. Regards bish.

Have a look here as well 6. Interest calculation spreadsheets Regards bish:D .

Hi Jany Just posted on your thread, hang in for the 100%, you have done the work at the latest 04/03/07 for full settlement. Best wishes and enjoy the money. Regards bish.

Hi Jany If you do talk to them on the phone don't agree there and then, go away and think about what they are offering. Always without predjudice and have a settlement figure in mind, if their figure is not any where near that then don't entertain it. Remember you have come this far, if you wan't the 100% just hold out for it, hearing date means settlement within that date. Regards bish.

Hi Nakered As long as you have not issued your claim at the court you can ammend the amount in your LBA or further ammend your request for repayment to abbey. Even if you have filed your claim with the court, with an estimated claim you can still amend the amount you are claiming. Get all the statements and then enter all the charges on a spreadsheet provided on this site, once this is all together issue your claim at the court and send abbey a copy. You have already sent them an LBA with an estimate of the charges, you are now issuing the claim with the ammended amount. HTH. Regards bish.

Hi Glenn Just posted on here kimmy v abbey NO ****2**** see what you think, it rang a bell with your allocation hearing and mine. I was expecting a barrister like you had, but they settled, and kept wondering why. The only reason is the interest and the defaults, got the mind going, have a look and see what you think. Regards bish.

Hi Kimmy I have posted on a number of threads regarding contractual interest and what I conclude is that the main point of the claim is for refund of unlawful penalty charges under common law. The issue of interest is, at the end of the day, down to the judge to award. As no bank wants to enter a court room or disclose how they arrive at their charges, the sticking point for any claim is the interest. In other words if you apply contractual interest to your claim will the bank drag it out even longer and still dispute the interest and defaults at any hearing, as with Glenn. The risk is that the bank will settle the charges part of the claim and then proceed to court regarding the interest. I do not know weather they can do this and avoid disclosure of the charges, as the charges are no longer an issue, as with Glenns claim. Glenn did say that he did not say 'without predjudice' in his out of court talks with the abbey brief. I am thinking on the hoof here, but I think there is room to get them over a barrel here if you approach it in the right way. The abbey settled my claim because I was not claiming contractual interest like Glenn at the allocation hearing. I think they would have attended if I had. The way to go is if you go for contractual interest then any discussion outside any type of hearing must be 'without predjudice' so as to avoid settlement on the charges part of your claim. The whole claim must then be heard and we know that they don't want that. Sorry for the long drawn out reply. I will be watching your progress with interest (pun). Regards bish.

Good luck Paul and keep us posted:D . Regards bish.

Hi Barney, It is polite to send a copy of everything you send the court to the defendant, however, the court will send a copy of your AQ to the defendant anyway so up to you. It does say on the AQ have you sent a copy to the other party, tick yes or no depending on what you do. HTH. Regards bish.

Hi Glenn Yes got the full charges plus interest and 8% and costs, so well happy.Can pay a lot of outstanding debts and arrears that mounted up due to these bank charges. Most of my charges occured in the last three years, due to my wife falling ill and having to stop work. Takes alot of pressure off. Again I hope yours gets resolved soon. Regards bish:)

Hi found this Mercantile Court cases and Stays pending a test case and this Mercantile Court Guide Regards bish.

Hi Ian, Try this and see if there is some similar cases Mercantile Court cases and Stays pending a test case Regards bish.

Hi Rodster, The court will send a copy of the AQ to the defendant, so no worries. Regards bish.

Well done crispier, and agree totaly with you. Regards bish.

Hi e17tintin, There was a section dedicated to cases sent up to the high court, I can't seem to find it now. The simple fact that it has been sent to the multi-track will normaly encourage the offending bank to settle rather quickly. This is where case law is set, and no bank has yet entered a SCC let alone a high court. Disclosure is mandatory so wait to hear from the court regarding the next step. In the meantime have a look at what sparkie said and PM a moderator who will be able to point you in the right direction. Good luck. Regards bish.

Hi Glenn, Abbey settled on the morning of the hearing, still went to the hearing but just formality. Thanks again for your help much appreciated, Hope yours gets resolved completly soon and if I can help in any way just shout. Will be keeping an eye on your thread anyway. Good luck and best wishes. Regards bish.

Hi phil, Have you found out what happened at the hearing yet ?, or did you get a settlement from abbey. Bella and mine got settled so hoping yours did to. Regards bish.

Thanks everyone, in response to adam, this was my second Allocation hearing and was determined to attend as could not go to first. Two others on this site had allocation hearings at the same time. My claim was settled before hearing as was Bella 47 who was a Lloyds claim, the other was phil3822 who was abbey, don't know how phil got on but will find out. Seems new draft directions and attending the allocation hearing is putting pressure on them to settle. I thought they would hold out until at least a full hearing. Regards bish.

Furthermore they state that as they have already refunded charges inthe past as a 'gesture of goodwill' and this precludes them from refunding any more charges - Is this right? They are having a laugh are they not. No it is not right and nad1ne is right. Good luck can be a hard slog but worth it in the end. Regards bish.

Hi barney, You have to keep reminding them that the account is in dispute, they will still keep chasing you for it, but tend not to default you or take court action. Just keep at them like they do you, stay strong and deny any liability for the claim against you. seems to work for them. I got a letter confirming settlement of my claim against them along with a pinky red letter regarding my unpaid loan with them. Sure it is just coincedence that both letters turned up on the same day, but doubt it. At least I can now inform abbey that as soon as the cheque clears I can pay the bank loan off. Hooray. Regards bish.

As Michael Brown has said if you have paid the £10 then get onto them in writing, fill in their stupid form, and tell them you have already supplied the £10 for the SAR and no further money is required for the data you have requested. quote the cheque number and if possible check to see if the cheque has been cashed. It should only cost you £10 to receive your entire records regarding any account.HTH. Regards bish.

Thanks everyone, I am now in the grip of the second bottle of wine so see you all tomorrow, for the next round with abbey. I hope that the more claims that get resolved will help those now coming to the site, and will prove to the banks that we are no longer prepared to put up with this. I feel a hangover coming on. Regards bish.

Just be prepared for the long haul, have a good read of as many posts as you can, gives you a good grounding. Regards bish.