Ive won *£6494.93* Ive won (LIP v Abbey)

[caro]

Good to see you back!

 

Let's screw these buggers to the floor.

Not sure if I should moderate that!

Naah. Hope nobody notices.

[Odd Fellow]

Caro!

 

Not sure if it's the language or sentiment I should be keeping in check!

[Glenn UK]

Im not sure why Oddfellow welcoming LIPs back needs any moderation?

 

As for the matter of Abbey/DLA being fixed to the floor by a helical metal device by someone who performs unnatural acts, seems a perfectly sound suggestion to me.

 

Glenn

[caro]

It was the language but pretty mild so I let it go. The sentiment is fine, although I would prefer not to perform that particular task myself, even if I did have the appropriate appendage to be able to do it!

[lostinparadise]

You guys are crazy, but i like your style!

 

So shAbbey have asked for their cards and cheques books back and have informed me that i will incur unauthorised overdraft fees and charges for the amount outstanding.

(better rinse out the OD......lol)

 

Anyone have the link to the letter to inform them that the amount in question is currently in litigation (hope ive used the right term) and therefore cannot be touched...this is my interpretation anyways....

 

Let me know

 

LIP:rolleyes:

[Odd Fellow]

It was the language but pretty mild so I let it go. The sentiment is fine, although I would prefer not to perform that particular task myself, even if I did have the appropriate appendage to be able to do it!

 

It was more methathorpical - using a black & decker

[caro]

It was more methathorpical - using a black & decker

:o:o Think we had better get back on topic chaps.

[lostinparadise]

 

So shAbbey have asked for their cards and cheques books back and have informed me that i will incur unauthorised overdraft fees and charges for the amount outstanding.

 

(better rinse out the OD......lol)

 

Anyone have the link to the letter to inform them that the amount in question is currently in litigation (hope ive used the right term) and therefore cannot be touched...this is my interpretation anyways....

 

Let me know

 

LIP:rolleyes:

 

*BUMP

[lostinparadise]

Ok so here is a draft of the letter i will be sending to the court, please feel free to reword it, im not very good at writing these formal letters.

 

Dear Sir/Madam

 

Claim Number xxxxxxx

 

I am writing to inform the court that I will be continuing with Claim xxxxxxx. I have now received all the information requested under this claim

• Statements from 07 April 2000 – 2006
  
• Copies of manually typed transaction information

However there is still the outstanding issue of costs and I would therefore like to proceed with this claim.

 

I also have another claim xxxxxxx with Abbey National PLC.

 

In order to save the court time and money on 2 separate cases, xxxxxxx is one of a very small amount £30, I would appreciate your consideration of claims xxxxxx and xxxxxxx being combined.

 

Yours faithfully

 

LIP

 

What d'ya think??

[Glenn UK]

LIP

 

Im not sure there is a template letter for this. I know the Banking Code suggests banks shouldnt take enforcement action on accounts in dispute, Para 13.6 i recall.

 

I have also seen a press release from the BBA i think it was which advised banks not to close accounts automatically because someone claims charges back.

 

HTH

 

Glenn

 

You guys are crazy, but i like your style!

 

So shAbbey have asked for their cards and cheques books back and have informed me that i will incur unauthorised overdraft fees and charges for the amount outstanding.

 

(better rinse out the OD......lol)

 

Anyone have the link to the letter to inform them that the amount in question is currently in litigation (hope ive used the right term) and therefore cannot be touched...this is my interpretation anyways....

 

Let me know

 

LIP:rolleyes:

[Glenn UK]

Ok so here is a draft of the letter i will be sending to the court, please feel free to reword it, im not very good at writing these formal letters.

 

Dear Sir/Madam

 

Claim Number xxxxxxx

 

I am writing to inform the court that I will be continuing with Claim xxxxxxx. I have now received all the information requested under this claim

• Statements from 07 April 2000 – 2006
  
• Copies of manually typed transaction information

However there is still the outstanding issue of costs and I would therefore like to proceed with this claim on the basis of costs only.

 

I also have another claim xxxxxxx against the defendant, Abbey National PLC.

 

In order to save the court time and money on 2 separate, simple cases, xxxxxxx is one of a very small amount £30, I would appreciate your consideration of claims xxxxxx and xxxxxxx being combined.

 

Yours faithfully

 

LIP

 

What d'ya think??

 

Couple of smal suggestions.

 

Glenn

[lostinparadise]

Couple of smal suggestions.

 

Glenn

 

Thanks Glen, are sure the word simple should be used for both? The Financial one is for a large amount but yes the logic behind it is simple.

Ok Thanks

Anyone else have any input im sending off tomorrow

LIP

[Glenn UK]

Thanks Glen, are sure the word simple should be used for both? The Financial one is for a large amount but yes the logic behind it is simple.

 

Ok Thanks

 

Anyone else have any input im sending off tomorrow

 

LIP

 

LIP

 

I think it matters not what the claim is, you want them amalgamated and therefore the claims are 'simple'.

 

As i understand it the law in relation to penalty charges, reclaiming them and the interest owed is legaly simple.

 

JMHO

 

Glenn

[caro]

I think you are right Glenn and the letter looks fine to me. An account only needs to be in dispute to prevent further action being taken, but it obviously is in dispute if it is in litigation.

 

Assuming your claim is under £5k then it can go in the small claims, although it sounds a lot to me!

[lostinparadise]

Hi Caro

 

My claim was for the following

 

The total charges are:

£4,983.50

8% Interest up to the date of submtting the claim amounts to:

£1,080.54

Total comes to:

£6,064.04

 

It should really have been Small Claims but the judge i guess looked at the total amount and said its over £5K so Fast Track and also i put standard disclosure in the other info bit of the AQ.

 

Also there is daily interest and costs (£250 court fee\£100 AQ and misc for Recorded delivery items).

 

Hope i get it soon but theres still a loads to do.

mmmnnn...i just remembered i took a few charges off so that my claim would be under 5K. I wonder if i can add these back on?

Thanks Caro

 

LIP

[caro]

So technically the original amount was within the small claims limit, but as it has gone to fast track anyway £30 won't make a difference I wouldn't have thought. It's not me who needs persuading though!

[Glenn UK]

DOnt forget to add in costs for letters.

 

6.75 per letter isnt much but i guess youve written a few.

 

HTH

 

Glenn

[lostinparadise]

DOnt forget to add in costs for letters.

 

6.75 per letter isnt much but i guess youve written a few.

 

HTH

 

Glenn

 

Glenn is that for time and effort?

OK HAGENUK has provided me with this letter and ive adapted it to my circumstance for the Acount in dispute letter:

 

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

Re: Account in dispute

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account. I note from your latest correspondence that you are proposing to charge me interest at an unauthorised overdraft interest rate and apply charges to my account.

 

I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not refrain from charging unlawful charges and interest and this escalates to you threatening default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Your faithfully,

 

I was thinking of sending this to grABBEY National, in response to them requesting cards and cheque books back and threatening me with more charges and unauthorised overdraft interest. What d'ya think?

 

LIP

[Glenn UK]

 

Glenn is that for time and effort?

 

Its per letter full stop, however if you have records of time spent i think its 9.25 per hour for other works.

 

There is a thread which gives some values.

 

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

 

Re: Account in dispute

I am writing to clarify that I am currently in the process of requesting a refund of bank charges taken unlawfully from my account. I note from your latest correspondence that you are proposing to charge me interest at an unauthorised overdraft interest rate and apply charges to my account. The state of my account is in a large part due to the unlawful charges and therfore the further imposition of punitive measures is also unlawful.

 

I need to make you fully aware that I am disputing the sum owed and, as such, you are required by the Banking Code, Paragrpah 13.6 from taking any collection action until that dispute is resolved. You must therefore refrain from any further action until this dispute is fully resolved.

 

You will also note that the BBA has advised its meber organisations from taking punitive action agaisnt customers recliaming unlawfully applied charges in a recent press release.

 

If you do not refrain from applying unlawful charges and interest I will instrigate legal action to reclaim these charges.

 

If your action escalates to you threatening default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Your faithfully,

 

I was thinking of sending this to grABBEY National, in response to them requesting cards and cheque books back and threatening me with more charges and unauthorised overdraft interest. What d'ya think?

 

LIP

 

Im not sure if thats better or worse, the only thing i think we need to check is the actual woroding from the press relelase by the BBA.

 

HTH

 

Glenn

[pumpkin11]

Wow!!! What a read that has been... i'm going to get square eyes.

I just wanted to wish you LOADS OF LUCK, and stick with it, you've come so far!!

 

 

Angela aka Pumpkin11

 

(i'm on the bottom rung with Abbey.... a long way to go.....)

Your thread has been very imformative, thank you x

[lostinparadise]

Wow!!! What a read that has been... i'm going to get square eyes.

I just wanted to wish you LOADS OF LUCK, and stick with it, you've come so far!!

 

 

Angela aka Pumpkin11

 

(i'm on the bottom rung with Abbey.... a long way to go.....)

Your thread has been very imformative, thank you x

 

Hi Pumpkin,

 

Thanks!! I think its important to write everything in your thread as it acts as an online diary of events you can refer to at anytime. Glad you found the info here useful.

 

Good Luck with your claim

LIP:D :D

[lostinparadise]

Hi All

 

Received this order from the judge on Thursday 5th Oct, its quite long:

 

District Judge xxxxxx sitting at xxxxxxxheard the claimant in person, read the written submissions of the defendant and ORDERED that:

 

1) The claim is allocated to Fast Track

 

 

2) The claimant be permitted to amend the Particulars of the claim in the form annexed to the NOtice of Application dated 25th July 2006 and re-service be dispensed with.

 

 

3) Disclosure of documents shall be dealt with as follows:

a) The parties shall give to each other standard disclosure of documents by serving

copies together with a disclosure statement by 4pm on Thursday, 19th October

2006.

b) Any request to inspect the original of a copy document shall be made by 4pm on

Thursday, 26th October 2006 and any such request shall be complied with within

fourteen days of receipt of request.

 

 

4) Each party shall serve on every other party the witness statements of all witnesses of fact on whom the party intends to rely by 4pm on Thursday, 9th November 2006

 

 

5) Neither party has permission to rely on expert evidence

 

 

6) Completed pre-trial check lists shall be sent t the court by 4pm on Thursday, 16th November 2006

 

 

7) The claim shall be listed for trial during the trial window from Monday, 8th January 2007 to Friday , 26th January 2007 inclusive with a time estimate of one day.

 

8 -The parties shall exchange skeleton arguments at least ten working days before the hearing

 

 

9) Not more than seven nor less than 3 clear working days before the trial, the Defendant shall file at court an indexed and paginated bundle of documents which complies with the requirements of Rule 39.5 of the Civil Procedure Rules and the practice direction thereto, and shall serve a copy of it on the claimant. The parties shall endeavour to agree the contents of the bundle before it is filed.

The bundle shall also include:

a) a case summary of not more than 250 words

b) a statement of the issues to be decided by the court;

c) skeleton arguments of all parties;

d) copies of all authorities and relevant extracts of any authoritative

texts or other sources which any party or expert witness intends

to rely on or refer to

 

Its late so sorry if there are any typos....what can i say .....HHHHHHHHHHHHEEEEEELLLLLLLLLLLLPPPP.

 

LIP

[Guest lobster]

lip....the same as me both parties have to give standard disclosure on the 18th....your order is the same as mine...

yes be interested to see what happens now new boys on the block!!!

[lostinparadise]

Its as clear as mud. I wonder what having new solicitors is gonna mean.

Thanks Karn.

 

LIP:confused:

[lostinparadise]

lip....the same as me both parties have to give standard disclosure on the 18th....your order is the same as mine...

yes be interested to see what happens now new boys on the block!!!

 

Is it exactly the same, even point 5? Not sure what that means.

What documents do i need to prepare?

gonna look at your thread to see if youve listed anything.

Let me know

LIP;-)