lee_s v Abbey

[lee_s]

Hi,

 

Is the abbey national address above the same as the address you need to put on the court paperwork ?

 

I am just about to try legal action to get back £4.2k of charges / interest

 

Also online court forms have a section saying

 

Does or will your claim include any issues under the Human Rights Act 1998? Yes / No

 

I sort of assume the answer is no, is this correct ?

 

Any help would be gratefully received.

[lee_s]

Hi Dave,

 

Thanks for responding. The £4.2k includes interest which I worked out using the spreadsheet calculator.

 

Basics of the claim is £3.3k of charges with the rest in interest. This spans back about 5yrs.

 

I've been advised by the Money Claims Online that unless my claim fits into 1080 characters this is not the right way to file a court action.

 

The list of charges and interest spans 2 x A4 pages and I assume this needs to be attached to the form when applying ?

So I guess I may now need to go into the courts to file claim manually

 

I have written to Abbey, I started off with just this years charges and they were only prepared to refund one of them, + wanted me to sign a disclaimer to say that this was the end of it.

I did phone them back and say it wasn't enough and I would take it through the courts. They seemed to think I would have no chance so now I am out to make a point.

Fingers crossed

Lee

[lee_s]

I've gone and done it, went into local court yesterday and submitted the N1 form with a list of the charges - just over £4k with the interest,

 

I was just reading a response from Abbey I got when I requested a refund of the charges earlier this year ...

 

".. I would like to offer a refund of one £30 charge as a gesture of goodwill"

 

and

 

" .. If you are happy to accept this offer in full and final settlement, then please sign and return the form"

 

Reading all the information on this website, it appears I have a good chance but now will have to wait 2 weeks to see what their response will be.

 

Has Abbey ever filed a defence and gone to court to defend the charges or will they come up with a settlement before it goes that far ??

[BankFodder]

No - we don't believe that they have defended an action - and of course we hope that they will settle.

 

On the other hand this could get nteresting given their recent very public defeat at the hands of Stephen Hone.

 

They might see you as an instrument of retribution.

 

Can we put your details into our litigation section please.

[lee_s]

No problem - let me know what you want and I'll provide the info.

[lee_s]

So when they put a defence in, I guess this means they intend to go to court to defend themselves.

 

I assume they will do the same in my case.

 

Is this when the court allocation form is issued and needs to be filled in.

Are there examples of what needs to be filled in - I've download the form but keen to make sure its filled in correctly.

 

Then I guess its off to court, unless they decide to pay up before then.

 

Is it the time between the court allocation form and the court date - that I may hear from Abbey with an offer to discuss a settlement ?

 

Sorry for all the questions, just trying to get it clear in my head !

[BankFodder]

I think that the alocation questionnaire can be answered tactically. Let us know if/when you get one an we'll have a go. By the way do you realise that it is about £100 for your allocation questionnaire? Be ready.

[lee_s]

Thanks All

Yes I saw there was a cost for that which isn't a problem.

Will update you as it progresses.

[BankFodder]

Yes there is a limit but I can't remember offhand what it is. Anyway alf's claim is £4.2k so he is defintely over the limit.

[pink_fairy]

Hello, im doing the same thing with abbey - they have until the 4th March to submit a defence. I didnt know you had to pay for the allocation questionairre - can you claim that back as well? Im claiming £3300.

Thanks

[pink_fairy]

Hello, im doing the same thing with abbey - they have until the 4th March to submit a defence. I didnt know you had to pay for the allocation questionairre - can you claim that back as well? Im claiming £3300.

Thanks

[BankFodder]

Hello, im doing the same thing with abbey - they have until the 4th March to submit a defence. I didnt know you had to pay for the allocation questionairre - can you claim that back as well? Im claiming £3300.

Thanks

Separate thread please

[BankFodder]

Hello, im doing the same thing with abbey - they have until the 4th March to submit a defence. I didnt know you had to pay for the allocation questionairre - can you claim that back as well? Im claiming £3300.

Thanks

Separate thread please

[lee_s]

the clocks ticking - got notification today that Abbey got the forms through from the courts ...

[lee_s]

the clocks ticking - got notification today that Abbey got the forms through from the courts ...

[lee_s]

Hi Dave,

 

No just notification that I have put in a county court claim ie: Notice of Issue.

 

14 days and counting.

 

I have nothing to loose in this, I just want my money they've illegally conned me out of. Will serve them right for being dammed awkard about my account with them at the latter end of last year. As far as I am concerned ... " what goes around, comes around "

[lee_s]

Hi Dave,

 

No just notification that I have put in a county court claim ie: Notice of Issue.

 

14 days and counting.

 

I have nothing to loose in this, I just want my money they've illegally conned me out of. Will serve them right for being dammed awkard about my account with them at the latter end of last year. As far as I am concerned ... " what goes around, comes around "

[BankFodder]

Lee_s

 

Why don't we have your case details for our litigation section??

[BankFodder]

Lee_s

 

Why don't we have your case details for our litigation section??

[lee_s]

I've just seen a new sticky saying how to defend your case in court ie: should the bank come back with specific arguments about the charges actually being for a service, etc.

 

Are you expecting to see cases go to court to be argued out ?

[lee_s]

I've just seen a new sticky saying how to defend your case in court ie: should the bank come back with specific arguments about the charges actually being for a service, etc.

 

Are you expecting to see cases go to court to be argued out ?

[BankFodder]

It is entirely possible. Why not?

[BankFodder]

It is entirely possible. Why not?

[Natasha]

Hi lee,

 

Has there been any further news?

 

It's the last day for abbey today isn't it?

[lee_s]

Hi Natasha.

 

Yes they have ackowledged my claim which buys Abbey 14 more days I think. No doubt they will submit a defence and I will be preparing for the next part which is court allocation forms.

Once that is done, will see if Abbey are prepared to discuss. If not then its off to court to see what the Judge says !!

 

Will keep you all posted