Hi Anney, Good news for me, and now time for good news for you. Fast track, abbey won't like that as automatic disclosure, so they will not comply with the directions I am sure you will get in your case. So you win by default or they will will settle soon. Up to you to contact them and try and get a settlement, if it is not to your liking hold out for the full whack. It will come as I am sure the judge will give directions for full disclosure, its then just a matter of waiting for abbey not to comply. The other plus point is you can get costs as well. Get the court bundle together as I am sure you have already and work out your costs, I have seen £9.25 per hour for 50 hours work plus ink, paper, traveling costs sundries etc. Put this in with talks with abbey it may just sway it your way. Still put it in with your claim if they try it on and do not settle if you are not happy with their offer. Just hang on in there, they will not walk into a court so you will not have to. Regards bish.

I should have worded that better, case put on hold until such time money is paid and cleared funds received. So the case remains pending for six months until I let the court know I have received full payment or I reinstate the claim if abbey do not pay. Regards bish.

Hi Karn, Can you change my heading and case to Won, tryed to PM you but your inbox is full, thanks for your help. I will be sticking around, still got capital one to deal with and the mortgage company. Regards bish.

Hi everyone, Thanks for the congrats, whent to court this morning, all very relaxed and civilised. Abbey had already faxed throught to the court that they were paying the claim so told the judge I had received a letter this morning confirming this and the amount. The judge then said that the case would be held for six months on pending further action, but when I received cleared funds could I inform the court so that the case could then be wound up and closed. The judge then asked if I had incurred further costs for travel etc. I said that I had worked out personal costs for the case, but the amount of settlement more than covered my costs and I was therefore happy with the settlement. He commented on my generosity and that was that. Very nice judge, Deputy District judge Falvey I think was his name. Well done Bella47, good day all round. :D Regards bish.

Hi piglet1, Welcome to the forum and good luck with your claim, just setlled mine this morning so persistance pays dividens. Regards bish.

Hi frenchy Well done once again and I have received a very similar letter to yours this morning with full setllement, so that beer is definatly on, just need CAG to set the venue:D Regards bish.

Hi everyone, Just about to leave for court this morning and the post arrived, a letter from abbey with full settlement, just over £8k. checked my account and cheques paid in this morning. They won't clear until the 19th, so not quite got the money yet, but over the moon. Hang on in there Anney I am sure yours will be with you soon. Many many thanks to everyone for your support and help, once cleared funds are available my donation will be on its way to the site. Regards bish.

I am no expert in this area but have noticed regarding my own mortgage, which has been in arrears a lot over the last 3 years, that charges are applied for arrears but not actualy paid until the end of the mortgage, along with interest. If you redeem the mortgage early it may be that the charges applied are affected in this way. This may account for the discrepancy between the original statements and the microfitch copy statements. Did you actualy pay the amounts at the time or where they adjusted when you redeemed the mortgage ?. Regards bish.

Your amounts look correct and are claimable against the debtor anyway. Go for it, and let us know where and when. It will be the only time I will turn up to cheer on the bailiffs. Regards bish. PS don't forget to let the press know.

Hi Glenn, Thanks for your input, Don't forget that you have been their and whatever you say is relevent to what we all face. I am truly greatful for your insight, and will hopefuly be prepared for the forthcoming hearing. I will keep you posted to the outcome. It is about being prepared and defeating them as a whole that counts. The more cases that get through, the more we can revert back to getting these B******ds hung. Regards bish.

Thanks all and a big best wishes to Reg, and stick around Reg. I intend to as lots of people out there need our help. Like Victoria said there are lots of people out there that do not have access to the internet, so do not have the power we have. It is our duty to help those less fortunate than us, and I will be, hope everyone else will to. Regards bish.

Glad to be of assistance and good luck with your claim. Regards bish.

Thanks Elizabeth1, hijaked Reg Singhs post a bit, but don't suppose he will mind. Wife is recovering from her third operation in the last 18 months, she has a terminal illness, not cancer, but just as bad. It takes many years to eat away at her and she will never recover, only try to get some form of normality in her life. Just hold out hope for a cure. Most people see cancer as the big killer which it is, but generaly quick. Many terminal illnesses are long term and cause terrible suffering over many years, makes you wonder which is worse. Obviously puts pressure on the family and abbey has not helped, made matters so much worse. Do not need the added pressure of trying to claim back money that should never have been taken in the first place. The one positive thing about this is that you do become fighters that will not give up. So bring it on abbey, I have nothing to be ashamed about. I will get our money back. Regards bish.

Hi Elizabeth1, In short could not attend first allocation hearing as wife had to have operation on same day, abbey thought they would take advantage of the situation and requested a 28 day stay to enter into settlement talks. As you can imagine this was just a tactic to put pressure on me to settle for 75%, wrong ! . Will be prepared for them on wednesday, and will be in no mood for their delaying tactics, if they even bother turning up. I have all the correspondence that they used to try and settle the claim, nothing !. Why would mine be bad for me ?. Regards bish.

Hi Glenn, I have my allocation hearing on wednesday, what do you feel I need to have to hand on the day, and be primed with regarding regulations etc. Pretty clued up on the basics, but any help and advice appreciated. Regards bish.

Super news Reg and well done, made up for you and the family. Seems putting a bit of pressure on abbey worked. I am still waiting, but got second allocation hearing on Wednesday, so fingers crossed. Regards bish.

If this is well below the claim value and you do not want to settle for it in full, Contact the court and inform them you have received a payment which you are taking as part payment of your claim. I would be tempted to enclose a copy of the letter from abbey to the court and also explain as you have above that you have not entered into any agreement with the defendant or had contact with them regarding a settlement. This is a blatant pathetic effort to trick you into withdrawing your claim and I would certainly draw the courts attension to it.HTH. Regards bish.

Have you read my thread, thats an epic. When you reply to threads, as you probably know, you get emails to let you know that a further post has been added. The more comments you make the more replys you get. I just quickly read the last few posts to get a feel for the thread, as I like to answer, to read every thread from start to finish is not possible and my memory ain't what it was. Need any help just let me know, but as I said you seem to be well on top of things.:o Regards bish.

Hi Jany40, I think you now need this sticky - Letters for banks non compliance with DIRECTIONS , have a read and compile your own draft. Just run it by a moderator to make sure. HTH. Regards bish.

Hi chezt, Sorry did not read the whole thread and assumed you had already filed your claim, a lesson in never assume to much. You are correct in what you said and good luck with it, you are well on top of things. Regards bish.

Hi Glenn Thanks mate, I'm at Kings lynn court and will fight my corner as well, I do have charges that go back further than 6 years, but only because of the issue of the claim was on the 30/08/06, but my initial request for repayment was on 15/06/06. The actual difference in amounts is about £60 which I allowed for when trying to negotiate a settlement with abbey after my first allocation hearing, letter will be presented at court along with the dubious reply. What I will be pressing at the allocation hearing is their non compliance with anything either I requested or the court. I have no problem with defaults as you did and am quite happy to cover interest and all the charges. I was suprised at the depths reached in your hearing as it was just an allocation hearing. Seems to be a new tactic by abbey. Regards bish

Abbey have never supplied a court bundle to anyone to my knowledg. Don't panic it is to your advantage. If by the end of the alloted time no bundle has arrived to you or the court, write to the judge requesting that the defence be struck out, due to non compliance of the directions. Template letter found in the stickys at the top of this forum page. Regards bish.

Hi Teatree 1. Letter requesting repayment of charges and or evidence supporting charges, 7/14 day deadline. (letter in template library) 2. Letter before action, schedule of charges attatched, 7/14 day deadline.(letter in template library) 3. File claim with schedule of charges at county court, on N1 or through MCOL.( N1 hard copy available in library) Good luck with your claim. The moral of this story along with all the stories on this site is that, overdrafts, DD's, and debit cards are designed to catch us out and earn the banks huge profits. Get rid of them along with the banks. Regards bish.

Hi As long as you are up to date with your mortgage payments then no problem. Even if you fall behind with payments they would still have to take court action against you to re-posses. However I would concider changing my mortgage with a company that I felt had ripped me off, good luck with finding one that won't rip you off though, seems the competitive market that we are all lead to believe is consumer friendly is NOT. If you do find an honest lender then let us all know. Regards bish.

Well done Glenn, I think you held your own and showed abbey up for what they are. I am due for allocation hearing on 14th Feb so found this very informative. I know you wanted to get them in court, but at the end of the day we are just amatures at this and perhaps should just put pressure on the people who should be chacing the banks, like the OFT. Well done Regards bish.