Chilli50 v Abbey *** WON ***

[helferg]

Hi Chilli I asked this question but didnt get a reply so i asked the lady at the court and she told me i should include everything i am relying on in court i did include them.

[Chilli501]

thanks helferg. how is your case going? good i hope. my court date is 20th dec so hopefully the end is in sight before xmas but i wont hold my breath lol. ill get copies of my statements sorted today. would just the ones with the charges on be ok or should i include them all?

[helferg]

The day abbey received my court pack they phoned me to agree a settlement which after a bit of negotiation i settled for about £200 less than full claim amount and the money was in my bank a couple of days later so pleased!!! I included all my statements as i didnt have time to sort through them (dont spose abbey even looked at them) if its got to be finished today i would whack them all in. Also when i was on the phone to the lady at abbey she asked if i had had any refunds and would be checking before they paid out that none of the charges had been refunded i think if all your statements are there you are not hiding anything. good luck!!!

[Chilli501]

thanks helferg. ill get that done today and let you know how it goes. congratulations on your win!

[Tina&Gaz]

Chilli, this is the letter to the judge from Karne, hope it helps

 

With reference to the above claim, I have received the defence from the defendant and feel this is not complete in that the calculations required to prove the costs of the purported breach of contract are not included within the defence.

 

In your indulgence, I would respectfully ask, sir, that you order disclosure of the calculations which justify the charges in question, that the Defendant may intend to use to defend the claim.

 

I understand that it is within your discretion to do so.

 

I believe such an order would bring a rapid end to this litigation.

[noobrider]

I'm afraid my jubilation at a court date was short lived as the judge ordered a directions hearing which essentially just delays everything until a proper hearing date is given. I think I will write to the Judge as per Tina's note and also submit my court bundles early to to gee them up.

[Chilli501]

Hi. does anyone have a link to SOGA 1982? ive googled it but all i get is some kind of law course module. i really need to do this today as i have to send shabbey my court bundle. they have to have it by tomorrow and im having real problems finishing it off. this is what i have included

all correspondence between shabbey and myself. i have no wp letters

latest schedule of charges

copies of all statements i have that have charges on them

relevant case law summary

early day motion

dunlop v new gargage

UTCCR 1999

UCTA 1977

oft summary

is there anything else at all that i need? im panicking now. my printer has just given up the ghost and says it needs maintainence and repair so i have to sort that out too! HELP!!!!

[teebum]

Dear Chilli

I am at the stage of getting my bundle together, acn you tell me where I get all this info from.

[anney63]

Hi

I have been following this thread and getting aperwork together for the future although only just claimed 27th November. A bit confused as to what was meant by blanks in previous post and also send all copies of letters except wp what does this mean. I'm probably being thick.

[Chilli501]

hi anney. not sure about the blanks but wp means without prejudice. any correspondence with this on or any replies from you to a without prejudice letter cant be used in court. hope this helps

[anney63]

Thanks lot do I feel a fool not knowing what wp meant. Blame it on my age. I'm well ahead now have court bundles ready only have to highlight relevant paragraphs do I do this on all copies or just my own. Still not a word from Abbey silence is golden. Seems odd though they have until 13th

[Chilli501]

hi anney. where did you get SOGA 1982 from? i only had chance to print it out once and i couldnt save the web page.

[Chilli501]

had a really bad morning today so far. sent my court bundle to abbey yesterday, only to realise i had sent in all the original correspondence from abbey to me. i rang the court this morning and they said that it shouldnt be a problem as long as i put a cover note in to the judge explaining this and that i had requested the relevant documents back. they also said they had a note on my case to say i had accepted an offer. i explained that i had phoned the court to tell them i had been given a gogw of 235. they thought i had settled on that against a claim of 10,000!! rang dla piper only to be told that abbey are dealing in house now. they gave me the relevant number to ring which i did. spoke to a nice australian lady who said that she recognised my name due to the case coming up in court on 20th dec. she then asked me the amount of my claim and if it was estimated and when i said yes, it is, she then said that they would be asking for a stay as i had to have the correct amount of chagres and not an estimate. she then said this is why i had not got an offer. when i expplained i hadnt had my microfiche yet she said that they would try and hurry the documents through so i now have to wait for these. i guess it wont be sorted before xmas then. im also having real trouble finding the soga 1982 document. i got it up on the computer a couple of days ago but ran out of printer paper and the web page wouldnt save. for the life of me i cant find it again! all in all a great start to the day!!!

[Lager_Lou]

Doh!

 

They are really dragging this out - what a total hassle, you must be feeling rather stressed out....

 

Can I ask where you found SOGA 1982 in the end? I can't find it either?

[Lula]

http://www.dti.gov.uk/consumers/fact-sheets/page24702.html

[Chilli501]

thanks karne. i did put the dpa in the court bundle but i havent put a claim in. i suppose that as long as i get the micro in the next week ill still have time to get them into court. i WILL fight a stay, i dont see why i should have to suffer for their incompetence like you say. ive been a complete idiot about all the info i needed fpor my bundle. ive just gone into the bundle on your sig and found everything i need eg soga etc. iver been looking on google for everything! that will teach me lol. although i have an excuse for not having all my attention on this. my partner walked out a few weeks ago after 14 years, saying he didnt know what he wanted any more so ive been a bit distracted to say the least! im also having alot of building work done and it makes me feel that my life is a mess, not just the house. i think a holiday is in order after i get my pay out! ps thanks everyone for your support, i really do need it at the moment.

[Chilli501]

hi. got a call from inga today. she said that she had all my statements in front of her and that my claim is just under 2000! not the 10,000 i had estimated. she said that i couldnt go back 8 years only 6 and would i accept the full 2000 as final. i asked her to send me a letter and all my statements to prove this and she said yes. what do i do now??? have to say im not happy but if this is true i suppose i will have to accept. should i hold out for court on the 20 dec? she only included charges and 8% no mention of anything else. HELP!!

[Chilli501]

thanks karne

[Lula]

Chilli, she is talking about the statute of limitations, take a look at my thread Lula v Abbey in the abbey successes also take a look at srfrench v Abbey (2), you can fight a statute limitation on these bank charges, and it has been done, also if you do a search on here for the Statute of Limitations, it will bring up the bit of legislation that you will need to argue it, but of course we are here to help (done in my best Koala brothers accent )

[Glenn UK]

Couple of important things comes to mind.

 

1st when you get the info from Abbey make sure its all your statements and not only six years.

 

I would write (fax or email) abbey today informing them that they are out of time for compliance with the Data Protection Act and this will be bought to the attention of the courts if they apply for a stay. You will also bring to the courts attention that the abbey legal team have this information available to them as of todays date.

 

I would copy all correspondence to the court (again fax or email) and do it soon, you don't have a lot of time before the 20th by which to make sure that a stay can be prevented.

 

For anyone else who has claimed on an estimated basis i suggest that non-compliance with the DPA must form part of your claim as must a statement that the value will be amended upon receipt of the data.

 

JMHO

 

Glenn

[Lula]

 

For anyone else who has claimed on an estimated basis i suggest that non-compliance with the Data Protection Act must form part of your claim as must a statement that the value will be amended upon receipt of the data.

 

JMHO

 

Glenn

 

Thats a very good point Batman!!!!

[Glenn UK]

Thats a very good point Batman!!!!

 

I suppose thats what i get for wearing my pants on the outside all these years

[Chilli501]

hi. been off for a few days so just catching up with all the posts. ill do that tomorrow and drop it into the court before work and ill phone inga and let her know the score. im still waiting for the letter and statements so im gonna stick to my guns and see this out to the bitter end!

[Chilli501]

HELP!!! ive not been able to get on here cos ive not got the internet at home any more. im in court tomorrow and have had several callsform inga to ask if im willing to take the offer they have made of 2117. they say i cant go back more than 6 years and would i really like to stand up in court about this as i havent had any sstatements for the extra 2 years i am claiming as abbey dont keep records that far back. ive got the microfiches for 2000-2005 and my statements up till when i statred all this as well as the others that have come through since then. WHAT do i do now???? do i request a stay myselfor do i go to court and say that i have requested this info for the period from 1998-2000 and they havent given me it or do i accept what they are offering?? im really nervous now and as im at work at 1 i could really do with an answer to this in the next half hour! can anyone help??

[Chilli501]

bump??