Charges refunded. But they now want them back.

[LordLee]

Nononono!!!!

 

You have this the wrong way round.

 

Abbey doesn't take us to court, WE take THEM to court!!!

 

Abbey (or any other bank for that matter) are meant to DEFEND the claim... and they never do. They won't, as long as they are faced with revealing their real costs.

 

ok ok... i mean i wonder if Abbey has ever defended IN court?

[Bookworm]

Nope. In fact, they paid Stephen Hone approximately 600% more than his original claim so as NOT to go, lol.

[steter]

i've been ordered to appear at a preliminary hearing in the middle of august to discuss expert witnesses,amongst other things. As far as i know, this is a first on this web site(i'd be interested to know if it isn't). From what i can gather having read through some other bank's threads, the Abbey just seems to be the one which is taking the longest to roll over. They seem to fight each case as long as they can

 

 

I will get back to you over this , can you please post this in your own thread so as not to hi-jack this one , thanks

[LordLee]

i've been ordered to appear at a preliminary hearing in the middle of august to discuss expert witnesses,amongst other things. As far as i know, this is a first on this web site(i'd be interested to know if it isn't). From what i can gather having read through some other bank's threads, the Abbey just seems to be the one which is taking the longest to roll over. They seem to fight each case as long as they can

 

 

I will get back to you over this , can you please post this in your own thread so as not to hi-jack this one , thanks

 

Ooo that sounds a bit scary. let me know what happens. i'm claiming just under £5000 so therefore i bet this happens to me.

[BankFodder]

It is an unusual and wasteful step but don't worry. If it actually goes ahead, it will bring you into court which will be good for your experience. You will also have an opportunity to ask the judge to order Abbey to make standard disclosure - which would be wonderful for everyone.

It will also be an opportunity to meet the Abbey people and to look them in the eye and show them that you are quite happy about going into court.

 

Believe me, it is the bank which does not want to go into court - desparately

 

Abbeyt have so many bad rins of luck in court and so much bad publicity out of it that they are desparately trying to retrieve thinhs - without letting go of the money, of course.

 

Make sure that you take lots of notes of what is said and take a friend or a buddy with you if you want.

 

What does the order actually say?

[LordLee]

It will also be an opportunity to meet the Abbey people and to look them in the eye and show them that you are quite happy about going into court.

 

I'd rather not do this quite frankly. Although i am angered that Abbey and the banks are stealing from us and victimising vunerable people... I'd crumble in court and be extremely nervous. I'd probably be a wreck.

[LordLee]

Just to add to my many worries...

 

I've just read BankFodders post about people making mistakes. One of them being 'claiming for charges which are not penalties'.

 

I'm a little concerned. I read everything here and took greatcare in calculating 'penalties'. But am worried that an unauthorised overdraft fee is not a penalty. Most of my charges are unpaid DDs, cheque clearance fees and other cleared transactions. Presumably unauthorised overdraft fee is a penalty. Just double checking.

 

:-/

[bish]

Do it what have you got to lose, they have already taken £2700 of you is £120.00 going to make any difference. Think of me £7000.00, could cost me £1000.00 or more, but still going to do it. At the end of the day as the OFT said its up to a Judge to deceide and as the Judges must be getting tired of the banks wasting their time as well as everyone elses got to be worth £120.00. I am more than happy to go with you if you need a bit of moral support, not any good on the court side but willing to learn, must be people on this site who have gone there or similar who may be able to help.

 

Regards bish.

[LordLee]

Do it what have you got to lose, they have already taken £2700 of you is £120.00 going to make any difference. Think of me £7000.00, could cost me £1000.00 or more, but still going to do it. At the end of the day as the OFT said its up to a Judge to deceide and as the Judges must be getting tired of the banks wasting their time as well as everyone elses got to be worth £120.00. I am more than happy to go with you if you need a bit of moral support, not any good on the court side but willing to learn, must be people on this site who have gone there or similar who may be able to help.

 

Regards bish.

 

gulp... why could it cost u £1000 or more?

[bish]

Your claim is for less than £5000.00 and therfore goes through the normal system and costs are coverd by your £120.00 court fee. My claim is for over £5000.00 and therefor can be allocated to the fast track system by the judge or the multi-track system which costs more and If I lose I can be liable to their costs of upto £750.00 or more depending on the track the judge deceides to allocate the claim to. Sounds a bit complicated but is explained on the courts web site, don't have a link but just type in county court to search engine and you will get there.Read a bit more on this site regarding litigation and small claims court and you will see that your claim is a lot of money but not to much to worry about losing. Good luck with it and keep me posted.

 

Regards bish.

[bish]

Sorry sounds a bit like I am an expert and I am not, just information I have gleaned from this site and others. Couuld be wrong on the cost side of things but just want to say that if you follow the guide lines set out on this site I am sure it will only cost you £120.00 if you were to lose, which by the sounds of it you won't. The main point here is that as far as I can tell not one bank has succesfully defended a case, or for that matter bothered to defend one, so go for it.

 

Regards bish.

[LordLee]

Sorry sounds a bit like I am an expert and I am not, just information I have gleaned from this site and others. Couuld be wrong on the cost side of things but just want to say that if you follow the guide lines set out on this site I am sure it will only cost you £120.00 if you were to lose, which by the sounds of it you won't. The main point here is that as far as I can tell not one bank has succesfully defended a case, or for that matter bothered to defend one, so go for it.

 

Regards bish.

 

cheers bish. actually my claim is for just under £5000 but the 8% interest at court stage takes it over £5000. So my fees were £250!!!!! Does this mean mine could be fast tracked? I was led to believe they look at what i am actually claiming £4850 and this keeps it in the small claims court?

[bish]

Karnevil is right, I also believe that it is at the Judges discretion, if your claim is over £5000.00, they can still allocate it to the normal track. As also said the court costs to file your claim increase as the amount of the claim increases, not sure why claiming £5000.00 costs more than claiming £50.00, but then still not sure why it costs £35.00 to bounce a DD. You don't think the courts are jumping on the band waggon do you ?. Good luck with your claim and as I said before, in the unlikely event you lose, £250.00 is small compared to what they have already taken so worth the gamble when the odds are stacked in your favour for once.

 

Regards bish.

[yay]

Be warned though...........

 

This has actually happend where the bank did turn up.

http://www.consumeractiongroup.co.uk/forum/scotland/13879-i-am-going-court.html

[yay]

It was a preliminary hearing but people need to be aware that every now and again they will be required to turn up in court and represent themselves a little bit - scary stuff !!!!!

 

Kenny

[lufc4ever]

after reading what manalo has gone through i cant help but feel this is again another delay tactic which starts from the first letters you send. feel that the prelim court attendance is a bullying tactic to make people scared and feel out of their depth and think "stuff that" going any furthur. am i right in saying the judges in small claims courts are lay persons aswell which could be why they requested such evidence due to lack of insight. i attend court regulary for medical hearings etc and giving evidence and have known judges being used from crown court etc to attend potential complicated hearings in lesser courts. basic fact is that the banks have to prove their charges are fair and cost effective to them which they are not basically. the potential can of worms being opened to prove this will have severe consequences to the banks. well done manalo you have done so well, keep going.

[keren29]

hi - I think we are within a day or so of each other - I replied on Friday to Piper's about the breakdown of charges. My claim was filed on the 6th, and I had the letter from Piper's Friday morning.

 

I'll check in with your thread to see how you go!

[LordLee]

Arrrrrrrrrrrgh!!!!

 

Tomorrow 19th July would've been time up. 14 days since since They received my claim from MoneyClaim. But the b*stards have anknowledged it! Now i gotta wait till 1st August.

 

I'm getting sooooooooooooooooooooo bored of their delying tactics!!!

[LordLee]

Still no communication or defense from Abbey. One week to go... i'm soooooo hoping they just don't bother and i can go for a judgement. However i suspect they will enter a defense at the last minute.

 

How long does the whole Allocation Questionaire take on average? Or is that a similar question to 'How long is a piece of string?'

[LordLee]

LL I think its better if they defend so you dont have to go through set aside hearing sand the like.....

 

Aq's will come with the courts copy of abbeys defence, your 50% offer will come with abbeys copy of the defence. You have two weeks to file your AQ and thats the time for negotiating - after that is 100% or court.....

 

timescales for once you have submitted your AQ is how long is a piece of string - depends what new fangled scheme abbey come up with to stall your claim.

 

Clear as mud !

 

So... if they do not defend and i apply for a judgement... what is the set aside all about? I have read a couple of threads about it here but am a little confused. As surely if they do not submit a defense in time that's it! They have lost!?

 

My claim, at a lot of money, will incur a higher fee for an AQ will it not?

[LordLee]

And it is recoverable as costs when you win.

 

If i win.

[LordLee]

WHEN !

 

Be positive

 

OK OK... u have had success with one claim haven't u? I kinda lose track of your threads.

[LordLee]

LMAO - me too ! 3 claims with abbey - 2 at AQ sent stage - 1 in the wings....

 

nah - none settled yet (except £88 from capital one after 1 letter so that doesnt really count )

 

but hey ! I'm positive (ish ;-) )

 

well good luck... i have to say i'm getting very tired of waiting. i made the mistake back in may of dreaming about using the money for a holiday this summer. now it looks like it'll be more like a winter holiday... sigh!

 

i mean how crap is it to have to wait another 28 days if i win by default and they ask for a set aside? very very crap with an extra dollop of crap!

[Janeyh]

Hello LL,

 

I know what you mean about their delaying tactics, it is infuriating However, I think that it's down to Abbey's spitefulness because they know they're going to have to cough up in the long run so this is their only means of getting back at you by making you wait. Pathetic, really

 

Keep the faith darlin' you'll get there in the end:)

 

Janey

[LordLee]

LL - read comics thread .

 

I personally think rather than leaping on the default button you be best to contact the solicitors and ask them if they are filing the defence, pressing default button with abbey seems to prolong things.

 

But.. I expect your defence will come through any day now

 

Well... MoneyClaim said they deemed Abbey to have been served on the 5th July. They acknowledged on the 10th... so if i'm right they have 28 days from the 5th July which takes them till tomorrow, 1st August 2006. So presumably i have to wait till the end of the day tomorrow?

 

Assuming that i get nothing in the post on the 1st August their time is up?

 

So, do you think i should contact the solicitors today? (31st July) Should i send them an email? Letter? I assume going for a default judgement is delayed as Abbey try for a set aside?