Abbey (merged)

Jingha

Thanks alot for that. Really useful.

Jingha

Edinburghlass_2

It won't allow you to do it on Saturday if you read here...

http://www.hmcourts-service.gov.uk/cms/1051.htm#entering

sparky0107

PAY-ME-MR-BANK-MANAGER wrote: »

hi everyone, newbie here but what a great site hope this is in the correct thread.
Q. Have paid a.nat £10.00 for list of charges and all they have sent are 2 months of account transactions we did in july 2001 to sept 2001 and a letterhead saying that a complete list is attached. which wasn`t and charges are fair etc...
have turned my house upside down and have found bank statements going back about 5 years, should i try and claim back the charges from these statements or chase up a/nat for statements i have paid for....any suggestions.
many thanks
Marky

Hiya Marky,
The bank is obligated by law to send you all the statements for the last 6 years, be it in statement form or on microfiche. You need to chase them up, ring them or send another recorded delivery letter, stating that you require the statements which they have to give you by law or you will contact the FSA and report them. Once you finally receive them look for any figures with CHG next to them, these are the charges you have had taken from your account.

Keep the pressure on them or they will try to railroad you. Don't give in to them, and make sure you keep to your timetable. When it comes to the court stage, from reading the threads in the forum, you will probably have to register your claim at the court, because money claim online are apparently not accepting new claims.

Hope I've been helpful.

Good Luck
Mark

Jason26599

Edinburghlass wrote: »

All cases from MCOL go through Northampton court as this is their "local court" and yes, they are no longer transferring cases, from the MCOL website.

http://www.hmcourts-service.gov.uk/cms/1046.htm

Bank Charge Claims

Please note that, for bank charge claims commenced through Money Claim Online, where the defendant files a defence or a holding defence, the claim will be stayed pending the judgment in the Office of Fair Trading test case. Claims will not be transferred to the appropriate local court.

However as not every court is staying claims you can, as suggested by peedoff go to your local court and get the forms from there and file through your local court. They will help you with what forms you need and the POC are in the Reclaim Help Thread.

Thanks for the reply, I assume that last part of your post is directed at new claimants?

Also, what are the chances of having this stay set aside via appeal?, i spoke to someone at MCOL the other day and they advised i could appearl until 14 days of when the stay was executed, how many people have been successful with appeals to set aside stays if theyre not claiming for hardship?

Jingha

Take heart, my friends! Just received a notice of allocation of a Hearing in the Barnet court. My case is being heard on the 1st October at Barnet County Court. I am so happy that they haven't stayed the case as the amount in question is over £6,000 which I could sorely do with.
If anyone is clear as to what the 'court bundle', please, please let me know so that I get it absolutely right - any help with arguments in plain English - anything!
No need to say that should I recoup, I will absolutely be making a generous contribution to consumer action. Please reply.
Jingha

bojangle_3

We filed claim prior to 27th July announcement and papers were served on 30th July prior to 13th August announcement that all claims from then on to be stayed until test case.
Does the 13/8 announcement apply retrospectively to cases commenced earlier?
In theory we can apply for judgement on Mon27/8 (yes I know its a bank Holiday) or ASAP afterwards.
Abbey have submitted their defence.
Having got so close do we now have to wait?
Do we have rights to oppose the stay as we had commenced before the 13/8?

sparky0107

Jingha,
Try the link below to get all the court bundle stuff you will need

http://www.consumeractiongroup.co.uk...6&d=1174895919

Hope it helps, Mark

Jingha

Thank you Mark, this was really useful.

Jingha

ghelert

I am a fair way through the process with a claim from Abbey, and have filed the claim via MCOL, who have referred the claim to Northants County court. I have received a letter from the court stating that an acknowledgement of service of my claim has been received and that Abbey had 28 days to form a defence.

The 28 days has lapsed yesterday and I have had no correspondence (other than Abbey stating they would be applying for a stay) to give court dates etc.

Is this normal? Should I be receiving details of the defence and dates soon?

Debsmary_2

Hi

I have had 2 claims recently against Barclays, done via the actual County Court and from my experience although the 28 days on both occasions were up, I rang up to find that on both occasions the bank had faxed at 4pm on the 28th day.

So sadly I think if you give it few days and check up, you will find they did reply. Unless of course you are extremely lucky I do hope you are.