Fendyweather -v- Abbey - Round 2

[Veedubyah]

so is it more than likely that if you instigate a claim against abbey to get your money back that it'll go to court? don't think I could handle/afford that....

[Celestine]

No it wont go to court Vedubya, but you often have to file a claim AT court to get the banks to take you seriously.
After filing the claim, it could be as much as 6 months before a court hearing, the banks will settle sometime in between. Some banks settle when you file, some settle much later and a few even settle on the court steps! But they all settle eventually!

[Glenn UK]

If i might add a little something, i think it is unlikely a claim would end up at a hearing where the arguments were made regarding the lawfulness of the charges, of whatever age.

However, what is likely to happen where claims have a contentious element in them is that abbey will let it get to a directions/Allocation hearing then raise the issues for the judge to deliberate on.

Both my claims with abbey have included contentious issues i.e. pre six year charges and CI/Account of Profits.

Both have gone to AQ hearings and both time Abbey have raised the issue over interest beyond Sec 69.

The second time was yesterday, when they said i had asked for interest beyond sec 69, the judge didn't like the arguments for CI and was surprised when i raised the issue of AoP.

however, abbey have 28 days to settle, or it is listed for fast track and a hearing.

Glenn

[Veedubyah]

So, if I understand correctly, any claim should be okay if it doesn't go back further than the six year point? As it stands at the moment my account is just barely six years old and for the first couple of years I didn't (to the best of my knowledge at this point) have any banking charges as there was money available for my DD's and things....

:slayer:

[Glenn UK]

I would say with the abbey, dont be surpruised to have to attend a directions or allocation hearing before they pay out.

But if the claim is straightforward then i doubt you will have any bother at all.

JMHO

GLenn

[Fendyweather]

Re: Fendyweather -v- Abbey - Round 2

Well back from hols, all refreshed and ready for anything now.

Nothing from Abbey on Claim number 2. Pre six years with CCI. So send my LBA today, a whole three weeks later, (I forget to send it before I went on hols), I was way too excited about getting away to Barbados for three weeks to think about bank claims the week before I went. Heck, Ive been back a week and Ive only just got round to taking up the baton on the claims again. So here goes.............. on account of heard nothing from prelim, then have sent LBA today, remind them of my first case that they settled on, with claim number for first case etc. and I also backed this letter up (sending recorded today to Mr. Arandales department in London), with an e mail sent to Inga, Ronan, and Claire, (the people at ashurts who previously agreed to settle on my first case, one I had filed at court, and hearing for directions had taken place). I have to say, old Ronan and Claire, seem actually very nice and very efficient. So thought it was worth a go at copying them in on the letter Im sending recorded post, just in case they fancy settling before I file at court on 29th August.

I also offered in the e mail that I would accept the charges alone of £1795 if they paid me now prior to commencing at court. But if they ignored me, I would be going for the full contractual compounded interest, bringing the claim to just under £6000 if they dont settle now. Basically a sort of incentive, ie. pay me now and I will settle for charges alone, and be nice (cos I am, like that), or if you ignore me then I will go for for full CCI on the claim too. Thought it was worth a go for nothing. Nothing ventured and all that.

So will sit back now and wait and see what happens, but if nothing, then even though its entirely pre 6 year charges, Im going for it. Nothing to lose. Its money I thought was already gone anyway, so Im not gonna be scared off by the pre 6 year laws and laches etc. I can always get super genned up on them when I need em. And touch wood, so far shabby paid my first claim prior to court hearing anyway. Just a few days before the telephone conference for directions. But with everything having changed whilst I was away, i.e. peeps now having stays imposed until the outcome of the OFT bank case, then not sure if they might just ignore me thinking they have nothing to lose by making me wait. I will just have to wait and see on this one. And of course, fellow peepies, and friends on here, any advice on this greatly received and appreciated.

Fendy xxxxxxxxxxxxxxxxxxxxxxxxxxxx gawd Ive missed ya all. !!!! You clever bank claiming boffins.

[TANZARELLI]

Re: Fendyweather -v- Abbey - Round 2

Glad you had a good holiday fendy, which bank paid for that? lol

[Fendyweather]

Re: Fendyweather -v- Abbey - Round 2

Ooooh could have been one of three, lol xxxxxx nice to be back Tanz. Thanks Mr. Gurny man, lol xxx

[Tempty]

Re: Fendyweather -v- Abbey - Round 2

any news on this Fendy??
you've gone AWOL again ya bad girl, your missing out on all the good stuff ya know!
check out my Natwest thread.....lol

[Fendyweather]

Re: Fendyweather -v- Abbey - Round 2

Right back to business. Had e mail from Clare Fletcher at Ashurts who act for Shabby and Inga head honcho type lady man person and basically says bog off. I e mailed to ask them if they wanted to settle if I let em charge me 2 squid per charge, (a good compromise I thought, again), and she mailed back to say, GO FILE AT COURT IF YA LIKE COS INGA SAYS SHES NOT PAYING OUT EVER AGAIN. So time to now file at court for my pre six year charges. Approx. £1765 without any interest at all but Im going for CCI too, so any ideas for a good POC with CCI and pre six years anybody, any ideas where I might find it. Dont wanna fall at the first hurdle but ready to file on Monday at court. ? All advice greatly appreciated, as always......... Fendy xxx

Read FMB thread to see why Ive been missing in action for a month, ish. Lol Lol Lol. Loads and loads to tell. xxx

[Fendyweather]

Re: Fendyweather -v- Abbey - Round 2

Okies, finally got my head around filing at court for claim number two today. I have used Kafkas very kindly shared N1 POC which he used against yorky bank for pre 6 years. Its all for pre 6 years, so having nudged and tweaked his POC for the pre six year stuff to fill in my own details, Ive finally got it all typed up. Just got to fill in the actual downloaded N1 forms now, in triplicate. No great hardship. Can do that this evening whilst relaxing with the old curry and vino, and then off to court offices Monday morning to submit claim. With CCI its now £5.5K. Ooooh lovely jubbly. Lol Lol. So off to file it Monday morning at local court and see what happens. PROBABLY A STAY, Lol. But NVM I can wait. Im not brassic anymore since my Nutwest 16K win, Lol Lol xxxxxx

[Fendyweather]

Re: Fendyweather -v- Abbey - Round 2

Oooow, my fingers hurt. Fendy xxxxxxxx

[TANZARELLI]

Re: Fendyweather -v- Abbey - Round 2

Go get um fendy :-)

[Fendyweather]

Re: Fendyweather -v- Abbey - Round 2

Well well well. Manic manic manic. Have let this slide a bit. Have filled everything in, but its now invalid because Ive let another few weeks pass without filing at court. I fully intend to, its just with this francey thing going on its taking up all my time, on account of the hubby is useless at dealing with anything authority or paperwork and so its me having set up the french bank account with Britline,, and sort out french mortgage with UCB, etc. etc. etc. Oh my god, they are so much more with it in france than here in Engurland, lol lol lol, the stuff they require for mortgage etc. is far more stringent than over here. Not a bad thing really, ensuring you can afford whatever mortgage youre about to take out etc. etc., but gawd the getting of all the paperworks together is a right old nightmare. NVM, onward and upward............. famous last words. So fully intend to update the spready sometimes in the next two weeks and actually get my derriere off to court to file N1. Off to France again this week to sign over contracts etc. back on thursday so fully intend to get back on track with this by end of next week. But then again, I think, would it be better to wait till after Christmas when March is a bit nearer and the test case with the OFT etc. Um......... so long as I file before February surely it must be ok ? Any ideas anybody ? Would it be better to tie up the court filing fee later, rather than sooner, cos Im only gonna get stays issued etc. etc. and I cant be bothered to fight the stays, cos I dont need the dosh desperately, so am happy to sit it out and wait for the OFT decision ? Is that wrong ? surely so long as I file before Feb I should still be ok for getting pay out once oft case is settled, surely ????? anybody ?????

Fendy xxx

[TUTTSI]

Re: Fendyweather -v- Abbey - Round 2

Fendy, I am informed from accross the road that you once had a telephone conference and that you know all about them. If this is true can you let me know how you found it and what info you needed to have to hand and even more importantly did it work in your favour.

Thanks
DSxx