Rather annoyed to find out this morning that my letter to judge has not yet been referred to him! After expressing my dismay, it will apparently go to him later today. Abbey have now got 2 days to file a defence....

Given the short time allocated I think is a good sign. I would imagine having won your monetary judgement, he wouldn't expect them now to fight just the Default issue. When you do finally receive your money, just remind them that the claim continues until, and unless, the Default is removed. You can ring the court bailiffs, usually early in the morning is the best time to catch them. Ask them if they can give you a timeframe for executing the warrant.

Hate to say it but that's Abbey down to a tee! Ignored my 2nd request for charges completely, ignored my payment arrangement that THEY had previously agreed, ignored my s10 notice, no OGW into my account at all, now threatened to default me in 21 days. Well, we shall see - they got a good kicking the first time round! Bring it on!

They can call it whatever they like - a penalty is a penalty, plain and simple!

I do sympathise with you, but once you've calmed down, I would just let sleeping dogs lie - it would be extremely difficult to claim compensation through court action. You cannot just claim for distress/inconvenience etc, you first have to have a quantifiable damages claim. Given that you had other defaults, it would be near impossible to show and prove to a court that Natwest's default caused you any tangible loss. Keep up the fight with the other default removals though!

Great as such an Injunction would be, in practice this wouldn't stand a hope in hell before any judge - you forget the issue of charges has yet to be tried, tested and won in a County Court, therefore on what basis could a judge grant such an Injunction? What authority does a court have to stop a bank from imposing charges? It may be excessive, it may be unfair and it may be unlawful - unfortunately until a court rules that it is, and at what level, it could never order an injunction of the sort you describe...shame that it is!

Today I have received a 2-page letter from Call Credit fully admitting and apologising for having made a serious error - the erroneous CCJ should have been removed from their files 15 months ago!! I wasn't able to prove that any lending I had taken out in that time was from someone searching their agency, nonetheless they have paid me compensation of £75.00 for the distress - that in itself must be a first from a credit ref agency. The cheque was even handwritten so I guess they're not used to paying out! One good reason you should all check your credit files regularly and thoroughly! Don't let them get away with recording anything that is inaccurate!

As fully expected, ignorant to the last. No reply to my email asking for settlement negotiation, and yet another 'we are dealing with your complaint' letter received - almost 3 months after my first letter asking for charges to be returned on this second claim! They just won't learn! Letter duly sent to judge Friday, so let's see what happens now......

Good luck!!

Please stick to 1 thread abbeyhater2!

You need to fill out an N244 here - http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf This will cost you a non-refundable £35.00 fee (you can get this back off Abbey). Fill in as follows: Top left hand box: 1. Tick c), without a hearing Leave the rest blank Part A: I ***** (the claimant) (that....) allows an amendment to the above claim in respect of the claim particulars. (because....) the claimant has been defaulted on his credit file by the defendant since first issuing the claim, on an amount comprising almost entirely of charges, and for which repayment is being sought in this court claim. Part B: tick 'evidence in part C' box Part C: Something like; "I respectfully request that the court allows an amendment to my particulars of claim. (brief explaination of why the amendment is needed, etc...............) Please find attached to this application my proposed new particulars of claim. Then redo your N1 application but include at the end something like "The claimant has been defaulted on his credit file by the defendant since first issuing the claim, on an amount comprising almost entirely of charges, and for which repayment is being sought in this court claim. I seek complete removal of this Default entry." I would also attach a printout of the default entry on your credit file. Send or take 3 copies of both amended N1 and N244 together with your fee of £35. Tell the court staff it's urgent. Then it's up to the judge to agree.

Writing to the credit ref agencies will not have any effect - they will merely say that they have no power to do so, only the originating company can remove it. How much are you claiming from Abbey and when is the hearing?

Ok, in hindsight it's a pity that you hadn't made the issue of their default removal a part of your original claim! However, in my opinion, if the amount of your claim is equal to, or more than, the amount they have defaulted you for, then I don't see why you couldn't apply to the court to amend your claim to include the default removal - although it would seem your hearing date is imminent. This would then enable you to reject their financial offer unless it includes default removal as well.

Does your claim ask for default removal as well as the repayment of bank charges?

Issuing court proceedings is inevitable I'm afraid. You can go down the Financial Ombudsman route, but it's anyone's guess whether they would get round to dealing with it any quicker than going to court.

"...and that the application of the legal principles to overdraft fees is not as straightforward as it was for credit card charges." Their words, nobody else's! There's nothing ambiguous about overdraft fees - they are simply a money-making ripoff and unlawful!!

Bit on bank charges on BBC News 24 right now!

Not really, it just means they won't announce some plucked-from-the-air cap now as they did with credit cards!

The Office of Fair Trading: OFT announces 'quick fix' on bank charges will disadvantage consumers See particularly Note 2. OFT delays bank charge decision | This is Money Seems like it's business as usual then!

Icy, you need to keep your resolve, stick to your timetables, don't be bullied and remember that you are only excercising your lawful right to recover these penalty charges - you will get them back if you stay focused and determined!

I'm prepared, even expecting, them to drag this 2nd claim out - I did remind them in my email though that a refusal to settle at this early stage will be duly noted to the judge. In fact the letter to him has only just been finished and will be delivered to court the moment I get any negative response from them now.

2nd Claim now issued. Emailed Abbey asking if they want to settle immediately - if not, application asking for summary judgement goes to court tomorrow.

Yep, they don't seem to have learnt much since their humiliating appearance at court last year with their set aside. Early indications are that they are - once again - planning on taking it to the wire but I shall be doing everything possible now to prevent that. They've incurred my wrath today by sending me 28 days notice of intention to default - some of you know what happened when Natwest tried pulling that same stunt (http://www.consumeractiongroup.co.uk/forum/general/61129-natwest-breach-injunction.html) so I may be going down this same route with Abbey soon. Although I only filed my claim yesterday, an early letter has already been drafted to the judge re their previous behaviour and abuse and hopefully they won't be given any opportunity to drag this one out!!

I would now wait the 7 days until the judge looks at the papers. If he's happy that Default removal was a part of your claim - for which you now have monetary judgement - he's perfectly able and likely to order that Sainsburys comply with that part of the claim. I wouldn't bother at all with the CRA's, once Sainsburys have been ordered to remove it, the entry should come of all 3 of them once they have. You could drop the judge a quick letter to confirm what they have and haven't done thus far, just so he knows - then he can make an order as he sees fit.

Just to let you all know I am now on round 2 with Abbey - refund of charges since the first set aside and removal of adverse info. Here we go again!! ps could a mod add 'Round 2' to the thread title - cheers.