Battle with Abbey

[Boris Becca]

Hi my name is Rebecca bill, I am trying to retrieve money back from Abbey, im trying to claim £16,000 including intrest. They have so far given me back £2,500 as a gesture of good will, and i am taking then to the court fot the rest. They have told me they will see me in court, and i have just got my court date through, 2nd May 2007.

Has anyone been in this position? Has anyone yet been to court? And has anyone got any experience in this?

I am closely involved with the Daily Mail, and local South East news, who are quite intrested in my story. But getting very nervous, as i am going ahead with this on my own!

Await for any help!!

thankyou.

 

Rebecca

[hedgey06]

Hi Rebecca - welcome on board!!!! I'm not at the court stage with my claim yet, but if you have a look through the Abbey forum you'll probably find lots of old and new threads with members who are battling Abbey through the courts. If you haven't done so already, it's probably worth starting your own thread on the Abbey forum anyway - you'll find loads of support, encouragement and advice from peeps on there. Good luck with your claim, Hedgey x

[Boris Becca]

Thank you very much for replying so soon, its taking me a while to find my way around. I looked at the Abbey forums and yes, it all sounds very familiar, right up to where I am now. But looks like I need to start preparing bundles, which should keep me busy between now and the 2nd May (court date). I dont think I gonna bother calling Abbey at this stage, seems pointless. they will obviously see it through to the end and it costs a fortune, each call! Speak soon and once again thankyou. Rebecca

[hedgey06]

Tis a pleasure!!!!

 

Keep your claim rolling, stick to your own & courts timescales (not the banks!) and you should have your cash back soon.

 

Best of luck - Hedgey x

[chocolatte]

Hi Rebecca. I am waiting to go to court with the Abbey too, my date is set for the 24th April 2007, I am a bit nervous too, but what you have to remember that what they have done is illegal and by law they should give us our money back, and if that means going to court then sobeit. However, I have heard that no banks have actually gone to court over this, they come up with the goods at the last minute. Not sure if they are hoping we will chicken out or if they have their lawyers mulling it over and scrutinizing it all, in the hope of finding fault.

I agree with Hedgey06, stick with it, all will work out in your favour soon enough.

As for the press, might be interesting to do a piece on you, following your story from start to finnish? That would be so interesting for the readers!Not sure about all the legalities and stuff on that one. Papers will know.

Best Wishes

Cally

[GaryH]

Hi Rebecca, welcome to CAG:)

 

In answer to your question has anyone been to court, against Abbey, no they haven't. Abbey are one of those banks who will fight you and try to frustrate you right up untill the last minute, before capitulating at the 11th hour, sometimes only a day or two before court.

 

They do this in the hope that they'll put you off and that you'll drop out. If you stay firm and stick to your guns you'll get there soon enough, but you've still got a little bit of work to do and you must comply with any court orders to submit your evidence, etc, although everything you will need is here on the site.

 

Can you post up the wording of the order from the court please, then I can tell you exactly what you need to do. In the meantime have a read of this link - http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

If you could also give me a brief background to your claim so far that would be great, stuff like what letters you've sent, what responses you've got, how the £16,000 is made up (charges + 8% interest?), etc.

 

Also, I'm going get this thread moved over to the Abbey forum for you.

 

Which bank is your claim against Cally?

[GaryH]

[Deleted - duplicate post]

[Boris Becca]

sorry its taking me so long, i have 3 kids and problems, but really need your help!Only one week away now! its a pliminary hearing, the wording it " Take notice that the pliminary hearing will take place on the 2nd May at 2pm, at Tunbridgw wells court, when you should attend. Ten minutes has been allowed for the pliminary hearing"

thats all it say, however Abbey have appleid to have it struck out of court, and they believe this will happen at the pliminary hearing. i foolishly thought that because i got a pliminary hearing, that automatically ment that it hadnt or wouldnt be struck out of court! Silly me! today i rang them, they told me i would see them in court, with a their barrister. is this normal? Money made up of £13,296.74 in charges and the rest is intrest, bar a few pence! have printed off all intrest charges and how they are made up, should i get a soliciter, what should i do? Do u think the judge will listen?

Am very nervous, await your reply.

sorry for THE MASSIVE delay!

kind regards

rebecca

x

[Boris Becca]

tonight, I have been going through the Abbey threads and feel worried that no one easle had the the request to the judge to have ther case struck out of court, can you name anyone on the threads I can relate to? Today it was Inga I spoke to and I have spoken to James, didnt know they were so well known! Been reading Mad nicks thread! I need to really prep up and sort my life out with this, and get together a really good reason and argument for MY MONEY. pLEASE help ME. Not gonna sleep tonight!! Rebecca

[Boris Becca]

well, I found loads that have been struckout. ****, I think I have made a blunder, I should of sent my statement or spreadsheet of 8% interest with the copies of highlighted statements to Abbey, and I havnt!!!???

Although I have told Abbey the amount I am claiming so far is £13,296.74 and will forward the interest charges. Am I too LATE? i HAVE DONE IT ALL . but not sent it. If it gets struck out can I re instate it. Cant wait to hear from you, I have been too laid back about this. :o

[miss muppet]

Don't worry Rebecca, it is Abbey trying every trick in the book. Have a look on the home page at Guidance Notes, Going to Court later stages, theres some info on there, don't know too much about it myself other than that I was in a much weaker position than you when I claimed my charges back from Abbey, i.e I still owed them money on their credit card- lol! Raised a case, they put in defence at last minute, also threatening they would close my account and demand money in full then they rang me up and said we don't want to close your account really and refunded me £500 and have got a four year repayment plan out of them interest free. Just remember the important point i.e. can they explain how it has cost them £30 or whatever to cook up a penalty charge, all the arguements are in the case bundle. You can't lose they cannot afford a test case in court - look at the CAG member who won £36,000 from Natwest. Good luck!

[chocolatte]

Okay Rebecca, stay calm, few deep breaths... it will be fine, you will probably find that Abbey are trying to scare you. They said they were going to defend my case, although much smaller than yours, but you will probably get the money into your acount or a letter from them in the next few days. However, if you don't, do not panic, they want you to.

Have all your info ready. Keep remembering that what they have done is unlawful okay.

Have a read through the legal stuff and familiarise yourself with the cases and guidance notes.

http://www.consumeractiongroup.co.uk/forum/guidance-notes/

[Boris Becca]

Thankyou, so much for replying, i wish I hadnt left it sooooooooooo long. I reckon they are scaring me alright!! I will do my best to get back on track with some help from all you kind lot.xx

[Boris Becca]

I think I may of read both your threads, or is that how you know about me, or am I just being a touch thick! I will put it down to being sressed AND tied !! Thankyou both.

[chocolatte]

You're very welcome Rebecca, and don't worry, it's not in their best interest to go to court, they know thay have to pay it back because it was unlawful.

It is so easy to feel nervous though isn't it. Take a day off and come back at it fresh and go over everything again with a clear head. You need a rest from it.

[Boris Becca]

thanks chocolatte, I will do just that, catch up soon, over and out!!!! x

[GaryH]

I need to know more - sorry, but an application to strike out is certainly not par for the course.

 

Same questions as a month ago really;

If you could also give me a brief background to your claim so far that would be great, stuff like what letters you've sent, what responses you've got, how the £16,000 is made up (charges + 8% interest?), etc.

Also, crucially, what did you use as your particulars of claim?

 

Its not to late to sort this out, but you'll have to act on this.

 

Have you got a scanner? I'm going to PM you my e-mail address - it would be very helpful if you could send me your POC, their defence, the notice of the application to strike out, and the notice of the preliminary hearing.

[Boris Becca]

no I dont have a scanner unfortunatly, I will do my very best to get you the knowledge you need, I do have a web cam, not sure if that helps?

[Boris Becca]

started off with standard letter from bbc.co.uk, 6th feb 07, with £10 payement.11th jan response letter, standard. recieved through statements for the last year but not microfiche x3 times. I assumed this was delayind tactics and after many calls decided to go to court. opened up parachute 1st. I have lost the 1st form n1 that I used to file my claim, but because I had no 6 year statements I asked the court if it was ok to file an unspecified amount on the basis that last years charges came to approx 4 grand and x by 6years . so this is what I did. just called the court to obtain copy of my n1 form. So my claim was issued on the6th Feb2007, stateing NOTICE OF ISSUE(UNSPECIFIED AMOUNT) to the claimant. Then I recieved NOTICE THAT ACKNOWLEDGMENT 0F SERVICE HAS BEEN FILED. DATED 9th. 21st Feb a judgment order to me .I upon the court finding that the particulars of claim are vague and incoherent the claimant is orderdto file and serve within 14 days of this order an amended particulars or the claim stating the pacific amount claimed and what this represents and why the claimant claims that by law this amount is due to her from defendant. unless the claimant complies with this order the claim will stand sruck out. So I recieved my statements !! highlighted got the amount of £13296.74 and esnt the figure and copies to the judge with a covering letter explaining why I was unable to do this previously and a wriiten statement about the charges being unlawfull etc and that I wuold be adding on 8% charges in due course. 2nd Mach abbeys defence came through , 2 pages of jargon to worry me.5th March NOTICE THAT DEFENCE HAS BEEN FILED and an allocation questionarre to fill in did so and sent off, Also sent abbey letter comfiming charges amount not including interst sent 9th march . I have copy of this.I then recived throgh NOTICE OF PRELIMINARY HEARING notice to the claimant stating what I wrote in previous text nothing more. dated 21st

[Boris Becca]

Thought so,, cannot find a copy of abbeys file for case to be struck out , called courts. there apparantly isnt one!Inga said its on their application, I do not have a copy of this either and the court have no application either. This i8s something they plan to do at prelimanary! More scare tactics I dont know what to think anymore!?? Anyway gave them my E mail address and sending 8 % interest charges to Inga by E mail today. soory I missed aletter recieved from Abeey dated the 9th feb asking me to show schedule of bankm charges and stating "As you will appreciate, you will need to produce evidence to the court regarding these amounts,and this info SHOULD have been supplied by you when you filed your claim. we would be gratefull if you would provide such details as soon as possible." Which I did as you have already read. Well what do you think? This A>M i was on southern counties radio live who are following my story and I a man called in and said he had the hearing set aside and one 26,000 by filling in a form 244, what do you think I could get an application form to do this or too eager and jumping the gun?? I wait to hear from you, thanks sooooooo much Becca x

[Boris Becca]

Anything I have missed ? I have to see to my kids now have deserted them all a.m

[GaryH]

Have you got a fax machine? If not they have a fax service at staples, or your local library. I'll PM you my fax number - block out all the personal details, I need to see;

 

Your charges schedule,

Your particulars of claim,

Abbey's defence,

The notice of prelim hearing,

The notice of application to strike out,

Any other orders from the court, or letters from Abbey

 

This is a large claim with an element of risk - it needs to be done properly, following correct procedure, which it clearly has not up to now!

 

Don't worry, its not too late, but I really wish you'd have answered my questions (by PM too!) a month ago! Never mind, get the paperwork sent ASAP and we'll see whats what.

[Boris Becca]

I am sorry, thankyou I will get to a fax machine today,Sorry for being a pain!! see you later.

[GaryH]

No problem Rebecca, your not a pain - and sorry if I sounded harsh, but I just don't want Abbey to be able to pick off your claim!

 

Did Inga say the request to strike out was on the allocation questionnaire? If so, its not a formal application so thats one thing at least. I'm still worried though that if they feel they've got grounds to request a strike out then somethings clearly gone wrong somewhere - and I suspect it's with your statement of case (POC). If you fax me the list above I can identify where you've gone wrong and help you put it right.

[Boris Becca]

hi, there, thankyou, youve kicked me into shape! I have faxed all you asked apart from the breakdown of charges. not sure about this statement of facts (poc) sorry I sound pathetic. Im hope you recieved all the fax work, some of it repeated I know , dut I lost count of wot I had sent so had to start again!! About par for the course for me! Yes, Inga said it was in the questionaire, I have spoken to the court today and they have no formal order requesting stike, sounds better. can you let me know that you got the faxes? thanks so much Gary.