Im going in !!

[SteveD]

Hi People

 

I am just in the process of starting my Money claim online

 

I sent letter 1 on the 7/4/06 and looks like I got the standard reply i.e. you agreed to it in the terms, we could close your account etc etc

 

sent letter 2 on the 15/5/06 and once again got the standard reply i.e. we agree with the first letter, the act only applies to credit cards etc etc

 

so now I find myself logging onto the money claim site

I have looked at the template in the library, on the first line it states to put when you entered into the contract with the abbey, by this I gather they mean when I opened the account which was 17 years ago!! and I have no idea what the date was so do you think it would be ok to leave that bit out as I don’t want to guess at it.

 

Great site this by the way, I am claiming £220 which I thought was a lot till I saw some of the amounts other people have had taken from them...

Power to the people I say!!!!

[Neo]

Maybe you could just put the year...

[SteveD]

not 100% what year it was!! it was about 1989 or 1990.. i think it would be better to just reword it to start of with..

 

I have a contract with the defendant bank which is conducted on their standard terms and conditions.

 

is the date necessary do you think?

[Neo]

Not at all, I just assumed you knew the year.

 

When I don't know the dates I use "I had" for a closed account or "I have" for an open account.

 

Keep us informed

[SteveD]

Thanks Neo

I will post replys as I go

 

Steve

[SteveD]

ok money claim completed!

cant help but have this what have I done feeling!!!

full claim totaled out at £275.61 with the interest and fee

 

will look at forums to see what abbey is likely to do next!

[Guest louis wu]

You say you've got this "cant help but have this what have I done feeling!!!"

 

I think its safe to assume that what you have done is added to the increasingly large headache Abbey have got themselves into by ripping people off.

 

Well done mate and good luck

[joneshousehold]

Good luck with the claim. You will either get a full refund because the amount is small or you will hear from solicitors DLA Piper Rudnick Gray Cary (musket, pipe and drum I think or is it cuthbert, dibble and grub)

 

Don't worry, the net result will be the same. Have a look at my Abbey thread (Another Claim). It seems to be the same diary of events for everyone.

[lisamellor]

what have you done ??

 

getting your money back mate ! whats wrong with that!!

 

would you let someone take it off you if it was in your wallet? no you wouldn't. just because the banks are a big corporation doesnt make it right....

[SteveD]

thanks all you guys and girls for your replys.. couldnt be doing this without your help

[lknox]

Today I too have taken the plunge, and have sent off DPA letter. I have had a current account with Abbey for more than 4 years, bur only have statements for last 6 months to hand.

Last night I worked out that in the those 6 months I have paid more than £1500 in charges. So goodness knows what the total will be. I feel sick to the stomach knowing that so much money has been wasted - things have just got so out of hand.

I am very nervous and worried about the process, but on balance, it's nothing to the sleepless nights my financial difficulties have caused; I am determined to go through with it.

 

A couple of questions if anyone can help?

 

When should I expect to receive my statements?

Shouls I open a new bank account immediately?

 

Cheers, and good luck all.

[SteveD]

Ok got the "Notice that Acknoledgment of Service has been Filed" on the 16th Jun stating they are defending the claim giving them 28 days from the 14th jun to file a defence... so far so good!

[SteveD]

the Notice that Acknoledgment of Service was filed from the 14th this is still the case and I have heard no more

is the 28 days they are given 28 working days or just 28 straight days as I make the last day they they have as Wed 12th July if so can I request judgment on that day or do i have to wait till the 13th.. at 00:01 in the morning :->

[Michael Browne]

It's 28 calendar days.

[SteveD]

ok the 28 days is up tonight, I gather that means I can can go for judgement by default.. anyone know whats likely to happen after that?

[SteveD]

Money claim online now reads..... Your judgment request has been accepted. The order has been sent to the Defendant.... does this mean ive won and this an order for them to pay

[barracad]

Did you press the option for judgement by default, rather than judgement by admission?

 

In theory - yes, you've won. However knowing Abbey they will try and get the judgement set aside.

[SteveD]

I pressed Judgement by default .. the solicitor I have dealing with mine is A P Squires .. I gather getting the judgement set aside is just a time delaying tactic rearly

[huffynixs]

Steve

 

What happened??

 

Im at the same stage as you, i issued a claim on 16th June, giving Abbey 14 days from the date of claim to respond, which they didnt. I then issued a judgement on 14th July, and today was going to complete the warrant form to be sent....... Im nervous about my dates - that ive issued everything within the correct dates, you gave Abbey 28 days from the date you sent the claim..... i gave 14 and now im nervous ive done it wrong although it says on the money claim website to give 14 days from the date of issue.... Im stuck...!

 

How did you get on??

 

Michelle

[joneshousehold]

Now this is an interesting development. Abbey use a different solicitor (usually it's DLA Piper) who have acknowledged the claim but failed to defend. Is that right?

Unless they apply for the judgement to be set aside I would say you have won and if they don't pay up you can send in a bailiff. If they try to get a set aside it will be a hard one to argue as they were aware of the claim because they acknowledged it! Having said that they only really have to show they have a defence that merits a hearing but it would be good to make them work for it.

Perhaps you may want to think about a pm to a mod if you want some help with this

[SteveD]

wow lots or replys when I wasnt looking!!

OK

huffynixs.. havent rearly got a clue what im doing I am just playing this by ear,, as they say. you seem to be ahead of me as I dont seem to be at the warrent stage yet I think.. got my confirmation of judgement through the post stating judgment was entered 13th July 2006.. not sure what to do next??

 

joneshousehold .. yep thats right they acknowledged the claim 14th June but didnt enter a defence within 28days so I entered judgement by default .. might PM you soon as not sure what to do now if you dont mind..cheers.

 

karnevil.. I think A P Squires is a solicitor

his address on the acknowledgement form is..

 

A P Squires,

Solicitor

Legal, Secretarist & Tax

Abbey National plc

Genesis House... bla bla

 

I have searched the name AP Squires useing the search facility above and his name has come up on other forums for abbey.

[SteveD]

just had a look at the moneyclaim website and its now giving me the option of issuing a warrant

what is a reasonable amount of time to wait before starting the warrent process

[SteveD]

ok gave it 7 days and just issued warrant.. adds another £55 to what they owe me now..

[POLL1952]

Just a message of support - I am in the early stages as you were. But judging from the Forum I would say "go get it boy".

[SteveD]

cheers Poll1952.. the more people who sue the more the banks might realize they cant get away with this much longer.. good luck to you too