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Hiya Sorry been so busy last few days - daughter's bday - lots to organise. I've managed to scrape myself off teh ceiling now so here is the full story.... I received a letter on 18th Oct from DLA enclosing a cheque in full and final settlement. Obviously no legal responsibility taken by Abbey. I have to inform courts and also copy DLA in on the correspondence for their records. This letter was totally out of the blue and a very welcome suprise. I hadn't had contact with DLA for months (since AQ time). Yes cwoj - it was for the full amount, plus interest up to date of settlement plus court costs. I am still waiting for the cheque to clear but as soon as it does I will be completing the questionnaire and donating. Thank you to everyone who has helped me along the way especially KARNEVIL who has been absolutely fantastic. I don't know how you spare the time Karnevil!! If you could spare one more minute to change my thread title - as you suggested - that would be great. Thank you once again. C

Karnevil - sent you a pm. Please read b4 you do anything else for me. Will post full details later but they have settled!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Also my letter, if you wouldn't mind......... I've changed yours (Karnevil) a bit as I couldn't get the 2nd para to read right to me. Further to your instructions regarding my Claim No. xxxx, please find enclosed my Case Summary as directed. With regard to your request for Draft Directions I would respectfully ask that the directions be set by the Court as I, a litigant in person, have no legal background or legal representation. I trust the above and enclosed is satisfactory. However, should you have any queries, require any further information or have any further directions please contact me.

CASE SUMMARY 1. I am the Claimant in this case. 2. On 23 March 2006 I wrote to the Defendant requesting a refund of charges. 3. On 08 April 2006 I wrote again to the Defendant requesting a refund of charges and advising I would file a claim should I not receive a satisfactory response. 4. On 27 April 2006 I wrote again to the Defendant advising I would be filing a claim should I not receive a satisfactory response. 5. On 08 May 2006 I filed with Northampton County Court a claim against the Defendant for the return of excessive penalty charges as outlined in my Particulars of Claim. 6. On 26 July 2006 I submitted amended claim to Northampton County Court as requested in General Form of Judgement or Order dated 18 July 2006. 7: Amended claim sealed by Court and returned to myself and served on the Defendant on 04 August 2006. 8. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the Contract between itself and the Claimant. 9. A list of charges applied is attached to this Case Summary. 10. The Claimant contends that:- a. The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant and are not intended to represent or related to any alleged actual loss but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b. The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999, Paragraph 8, Schedule 2(1)(e); The Unfair (Contracts) Terms Act 1977 Section 4; and the Common Law. (****hope this is what you meant?) 11. Accordingly the Claimant claims: i. The return of the amounts debited in respect of charges in the sum of £xxxxxxxxx which includes overdraft interest charged; ii. Court costs (court fee of £120.00, Allocation Questionnaire fee of £100.00). iii. Interest of £xxxxxxxx (as at 26.06.06) under Section 69 of the County Courts Act as set out on the attached list of charges. 12. I would respectfully ask that the Court, in this case, notwithstanding allocation to the small claims track, order standard disclosure. a. The Defendant to file at the Court office and serve me with a list setting out how charges have been calculated. b. I understand that it is in the Courts discretion to do so. Statement of Truth

Hiya, any views on the case summary?

Many thanks but you've scared me now! Just joking, thank you so much - got to pick my daughter up from nursery school now so I'll digest it in a bit.

Getting there......... Case summary ****** The Claimant has an account with the Defendant, Account No. xxxxxxxxxxx. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the Contract between itself and the Claimant. A list of charges applied is attached to this Case Summary. The Claimant contends that:- a. The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant and are not intended to represent or related to any alleged actual loss but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b. The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the Common Law. Accordingly the Claimant claims: i. The return of the amounts debited in respect of charges in the sum of £xxxxxxxxx which includes overdraft interest charged; ii. Court costs (court fee of £120.00, Allocation Questionnaire fee of £100.00). iii. Interest of £xxxxxxxx (as at 26.06.06) under Section 69 of the County Courts Act as set out on the attached list of charges. Statement of Truth

Thanx Karnevil. Yes I've changed the claim form and will post a copy. Just need to read it thro carefully a few times. I'll also amend my letter - yours sounds better! I do have one query, if you could help,:- Re interest. When I submitted my amended claim I put the revised amount of interest (ie, up to that date worked out by spreadsheet) and also didn't include the sentence about the interest per day to date of settlement. My thinking was they would soon settle - how wrong could I be! Should have known. Anyway, my interest in the amended claim was £657.16 and I didn't mention claiming interest daily. Therefore should I use the same figure or re-calculate to the present day? That would mean on all 3 of my dealings with court (MCOL claim, amended claim, claim summary) the amount of interest is different. Hope the question makes sense!!! Its late!

Karenevil, if you are free, what do you think of this letter to be sent to the judge? Any other opinions gratefully received. Thanx. Dear Sir Further to your instructions, please find enclosed my Case Summary regarding the above claim. With regard to the Draft Directions, unfortunately, I am unable to complete this. As discussed with the Court, I have no legal background or legal representation on this case and would request directions be set by yourself. I trust this is acceptable to you. I trust the above and enclosed is satisfactory. However, should you have any queries, require any further information or have any further directions please contact me.

thanx.

thanx for all your help!

And replies to without prejudices? Where are you reading this?

Ignore me Karnevil - some gremlins in the computer. I only got the first few lines before. Thats a great help. I'll do this and compose letter to judge re draft directions. If I do it sooner rather than later there can be no comeback that I haven't complied. Do you think I should copy DLA in on my letter to the judge or will it show lack of confidence?

Thanks, thats what I can find as well. What do I say on it tho?

Thanks Karnevil. I know I'm a pain, not sure which witness statement to use. Been to DCA website and there are various - all of them seem to be a title page?????

Spoken to the Court. Lady I spoke to advised I write to teh judge and explain i have no legal representation and no legal background so am unable to complete draft directions and request he sets these. I am writing my case summary now - I may need some help on wording, I don't suppose there has been one on here before I can look at? Not found one myself yet - spending ages looking, so if anyone can shed any light would be grateful.

So sorry to hear of your news. My account is with a debt collection agency. They WILL NOT chase you if the account is in dispute. You may have to prove this to them as Abbey may deny any knowledge. This is what they did with me. Denied knowledge of any court claim. I sent the debt collection agency a copy of Abbey's Solicitor's letter to me about the court claim and gave them names of other Abbey personnel. They were actually quite nice to me and found it quite amusing that Abbey had "lied". They have put it on hold until matter is resolved. Do not be scared off.

Thanks Karnevil - how are you? Looks like it may take a while to digest this - scary!

Thanx both of you. Your help is much appreciated. I will call the Court on Monday and ask. With regard to the case summary (I'm sorry for being so thick) is there any particular format/form to follow?

Thanks for that Zoot. However, I do have submit a case summary and draft directions?

Hi Still a bit confused. I have seen the court bundle in the library - is this the only thing I need? Is there anything else I should be using? I will be preparing it all hopefully before the start of next week and sending it off. Should I drop DLA an email to let them know I am doing this and give them a final chance to settle before I have?

Any help, please?

Send the letter asking for breakdown of charges. The sooner you get teh ball rolling the better! They will delay it till the last moment before giving you info. In my case, I have a big overdraft and had been sent chasing letters for quite a few months. They passed it onto a debt collection agency after I had filed my claim. I informed the DCA of court proceedings and they put payment of it on hold as they cannot chase monies in dispute.

As suggested by Karnevil - summary of events, so far:- Starting in March 06....... 1. Letter to Abbey requesting refund. 2. Reply from Abbey "sorry yr not happy" etc..... 3. Reply from Abbey "don't belive charges are unfair". 4. Standard "letter before action" to Abbey. 5. Reply from Abbey "investigating". 6. Reply from Abbey, same person, two days later "sorry for delay, still investigating". 7. REply from Abbey "do not feel charges are unfair, not refunding". 8. Money Claim Online filed using suggested wording. 9. Notice of Issue received from court. 10. Letter rec. from DLA "acting for Abbey, reviewing claim". Also asked for evidence. 11. Acknowledgement of Service of claim filed. Abbey to defend. 12. Spreadsheet of charges sent to DLA as requested. 13. Copy of defence received along with 50% offer from DLA. 14. Defence recieved from court along with Notice of Transfer of Proceedings to local Court. 15. Replied to DLA, refusing 50% offer. 16. Allocation questionnaire returned. (Unfortunately I did not keep a copy of this, doh!). 17. Letter from DLA advising they had returned Allocation Questionnaire (didn't let me have a copy) and reminding me of their 50% offer. 18. Replied to DLA, refusing 50% offer. 19. General Form of Judgment or Order received from Court ordering an amended claim be submitted. Followed by amended defence. 20. Submitted amended claim to court and DLA and Abbey by deadline. This included my claim set out on Form N1 (as opposed to MCOL) and breakdown of charges. 21. Amended claim sealed by Court and returned to myself and forwarded to DLA/Abbey. 22. Telephoned Court after Abbey's deadline had passed. Court had not recieved amended defence. Being referred back to the judge. 23. General Form of Judgement or Order received from Court. "Ordered that Case be listed for Allocation hearing of 30 minutes for consideration of directions". 24. Notice of Hearing received from Court. 30 minute hearing to take place by telephone. Must serve case summary and draft directions. Any further info, please ask.... grateful for any input..... thanx.