Kerrie Vs. Abbey

[Kerrie78]

Still nothing. Is it usual to have to wait this long??

[Lula]

Kerrie, they are very busy at the moment, but I reckon that you will hear something soon

[Kerrie78]

HELP!!!

 

Now I'm worried! I phoned the court this morning because I sent my AQ back 7 weeks ago. The lady told me that it has been transferred to Coventry to a circuit judge, who has taken an interest in this type of case.

I asked her how many others had been sent but she said none, yours is the only one.

 

What is a circuit judge?

[Kerrie78]

Now I'm losing the will to live!

My case was transferred to a Circuit Judge on February 6th, after waiting a few weeks but hearing nothing I phoned the new court. They dug out my file and i was told that the Judge had taken a look at the case but it was now being transferred back to my home Court to be allocated.

I waited another week to hear from the local court but nothing, so I phoned them again, and the lady said it was "upstairs with the Judge being allocated a track".

I asked(politely) how long this would take and she said about 5 days.

 

I sent my AQ back in December and still don't have a date, this is the third time the claim has now been 'looked at', it's making me wonder if anything is wrong with it!

 

Also, started second claim for £690 ish from Nov06 to Feb 07, they responded late to prelim saying get lost (same letter sent back to me as in first claim). Should I now sent lba for second claim, as I don't want them to pay me that one before the first case has been settled.

[gem4]

Hi kerrie,

Just read your whole thread, sorry only just figured out how to do that

Have to say I admire you coping with all this in your current situation but hopefully all will sort itself out eventually.

Have you had a court date yet? I haven't. Stourbridge must be bogged down.

 

I was thinking of writing to Abbey giving them yet another chance to settle in full before receiving a court date and adding a few snippets from Bong's thread to add weight. This one wont be marked 'without prejudice' though. I'd like to avoid going to the expense of preparing the court bundle if possible so at the moment its just in files on my pc waiting to be sorted out. Not relishing the thought of all that work so I'm hoping they can be 'pursuaded' to settle with a few choice phrases, courtesy of Bong et al.

[Kerrie78]

Hi Gem,

Still no date, I will phone on Monday if the letter doesn't come. I have actually started the court bundle, it takes absolutely ages to print out so I thought I'd crack on with it sooner rather than later. Gives me a chance to read through some of it to prepare.

My claim is for a lot, so I do expect them to actually take it until the last minute, and I'm 100% certain that I definately will need the bundle.

 

The only thing I am uncertain about at the mo is whether to pay an amendement charge to alter my claim and add the £700 from Nov-Mar onto it. I think I would just need to update spreadsheets and send a new copy to the court and to Abbey. That would definately take my claim to £6000 though so i would most likely be fast tracked. That's why I'm in two minds.

[Kerrie78]

I got my letter from the Court this morning. Here is the copy:

 

 

District Judge xxx has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

The hearing of the claim will take place on a date to be fixed at Stourbridge County Court and should take no longer than 2 hours.

 

By 14 days before the hearing The Claimant must send to the court and the Defendant copies of all the documents he intends to rely on at the final hearing. These must be in a bundle with each page clearly numbered. The Claimant must bring the originals of those documents to the final hearing.

 

By 14 days before the hearing the Defendant must send to the court and to the Claimant copies of all documents he intends to reply upon at the final hearing. These must be in a bundle with each page clearly numbered. The Defnedant must bring the originals of those documents to the final hearing.

 

No expert evidence is necessary and none is allowed

[charleyfarley]

Kerrie,

 

Just read back through your thread and wanted to say well done for persevering through such a marathon..........it's 3 months ago since you received the Abbey's defence and 50% letter, and still the court date is "to be decided".

 

Keep going, and well done so far!

[Kerrie78]

Hi,

Thank you. Hopefully the end is near (lol I doubt it). I'm just about to phone Abbey and see if they want to settle before I finish off my court bundle today. Otherwise it will be in the post tomorrow.

[Robdblynd]

Hi Kerrie,

 

Just wanted to say "Wll Done" for sticking it out.

 

With the trauma's you've had over the last months you could do without these so n so's dragging their heels, don't seem like the court's being exactly helpful either.

 

Hope you get full settlement in the near future.

 

I'm just at the point of sending off LBA for joint a/c with OH so decided to check my account charges. Decided it was worth a claim & asked for statements. Spoke to someone in Pam Speed's dept & she said Ok, but having probs with 49 day deadline as they're snowed under with requests for info since the publicity & she referred to the charges as "penalty charges". Boy I wish I'd recorded that phone call. Can you imagine the reaction if I'd done that!!

 

Oh well, keep up the fight, we're backing you all the way.

 

Regards,

 

Tricia.

[gem4]

Finally........wonder why they took so long?

Letter is similar to mine, no date fixed, bundles to be sent 14 days before. Didnt you have the added bit about the skeleton argument no less than 3 days before? Must be done differently with different judges.

I wrote Abbey yesterday to ask if they wanted to settle before I began the costly preparation of the court bundle, they should have got the letter today.

[Kerrie78]

Is this case summary okay. At the bottom do i need number 13?? Also is the page numbers bit just the pages of the case summary?? My case summary is only 2 pages.

 

CLAIM NO: 6QZXXXXXX

 

In the Stourbridge County Court

 

Mrs XXX

Claimant

-AND-

Abbey Bank

Defendant

CASE SUMMARY

_________________________ _________________________ ___

1. I am the Claimant in this case.

 

2. On 29th July 2006 I wrote to the Defendant enclosing a £10 cheque for Subject Access Request Information .

 

3. On 15th August 2006 I wrote again to the Defendant requesting a refund of estimated charges and advising that I had not received all statements yet.

 

4. On 18th September 2006 I wrote again to the Defendant informing them that they were in breach of the Data Protection Act for not sending my statements.

5. On 23rd September 2006 I submitted an updated estimated schedule of charges to include information from further statements that I had now received.

 

6. On 2nd October 2006 I submitted an actual schedule of charges and requested a refund of these charges from the Defendant.

7. On 13th October I wrote to the Defendant giving them a final 14 days to refund my cahrges becore I file a Court Action.

 

8. On 7th November 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, this was issued on November 8th and deemed served on 13th November 2006.

 

9. On 20th December 2006 I submitted my Allocation Questionnaire to Stourbridge County Court.

 

10. 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.

 

11. A list of charges applied is attached to this Case Summary.

 

12. 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.

11. Accordingly the Claimant claims:

i. The return of the amounts debited in respect of charges in the sum of £4631.67 which includes overdraft interest charged;

 

ii. Court costs (court fee of £120.00, Allocation Questionnaire fee of £100.00).

 

iii. Interest of £0.86 per day (£129.86 as at 16.04.07) under Section 69 of the County Courts Act as set out on the attached list of charges.

 

13. 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

I believe the facts stated within this Case Summary to be true comprising of xx pages.

Dated 16th April 2007

Signed

[type name]

[gem4]

Hi kerry,

Just to let you know I had a letter offering full settlement from Abbey yesterday. I sent the skeleton argument off to them and to the court a couple of weeks ago.

 

Before that, on 12th March, I had sent a letter to them, listing the documents and cases I would be referring to in court, and the estimated costs that I would be asking the court to consider at the hearing. The costs came to more than the claim. As usual I heard nothing so emailed James and attached another copy of the letter. Still no response.

 

Then yesterday I had the letter saying they were settling in full. The amount doesnt cover any of my costs other than the court fee but I'm hoping that they've also written off the £178 outstanding balance on the account which they passed to their debt collectors which will compensate for that.

Good luck, hope it will be sorted soon for you. Your statement looks ok to me but I'm sure someone more qualified will come along soon to give it the once over.

Gem

x

[Kerrie78]

I just got a letter from Abbey saying they will pay me everything I claimed LESS the interest claimed that relates purely to interest levied on the overdraft facility itself. I guess that's fair enough.

They have also added that they will refund all charges applied to my account since November 2006, which was when I filed this claim at court, again less the interest.

 

I'm over the moon at this. It's been one hell of a long hard slog - but now I'm getting a cheque for over £5000!!! (£3000 has to pay off the OD but the rest is mine all mine).

[cassie2006]

:D GREAT News Kerrie - CONGRATULATIONS:D

[joneshousehold]

Fantastic news. Another good result, AND you get Abbey to accept they have to refund the later charges (they didn't with me and I had to claim again!)

I'm really pleased for you. All that and money in your pocket too!

[mariejader]

well done kerrie

[REG SINGH]

WELL DONE,Kerrie fought well and good show as i always say.

THE SHOW MUST GO ON

[noobrider]

congratulations spend it frivolously

[KnellyK]

Congratulations Kerrie! It's been a long bumpy journey but you're there now!

 

Are you going to spend your money at Merry Hill?

[charleyfarley]

CONGRATULATIONS!!

Well done Kerrie.............you deserve every penny, so enjoy it!!

[suzyalan]

Nice One Kerrie!!!! You WON!!

Enjoy spending whats left and oh to think no overdraft!

[Robdblynd]

CONGRATULATIONS.

I bet that envelope hitting the mat was the sweetest sound for quite a while. Enjoy yourself knowing YOU WON. :D

[Kerrie78]

lol, thanks guys.

 

No envelope hit my mat though. I just this minute phoned the bank as I have no access to online banking because they took my cards, I wanted to check the actual balance of the account.

They have been buggers to the end - They have Credited my account with the money, instead of sending a cheque and have just told me that I can take my letter to the bank to withdraw the money from the counter. But I can only withdraw £500 a day and it won't be available til Monday!

 

Oh yes, and they had one last dig aswell. They just took another £39 in interest on April 15th even though I didn't even get a statement etc and all charges were supposed to have been frozen.

 

Well, on the upside i have no OD anymore and a couple of grand to help us through the next few months.

 

Thanks to you all for your help.

[Karne]

Great News Kerrie...Well done hun you do deserve it greatly, you've been going a long time now. xxxx