Bank Failures!?!?!?!

Edinburghlass_2

In that case you may be best starting again with your claim and then you actually know exactly what you are claiming for and can back it up with the statements that you have.

But I'm no lawyer and really your best bet is to phone the court and ask their advice. You can change your claim for a fee of £35 and you need to remember to take off the goodwill gesture you have been paid.

Camdenite

I'm positive the goodwill gesture was for charges in 2006 only. i.e. the year I don't have statements for. The remaining amount should be correct. I'll speak to the court on Monday and see how they instruct me to proceed. I would like the advise of a good solicitor though, to get out of the 25% fee I'm going to get chased for.

Edinburghlass_2

Bank Holiday on Monday so best leave until Tuesday!

Another alternative is to put your claim through the Financial Ombudsman which has no cost but you won't be awarded any interest either as that is only awarded by the court.

edited to add in view of the size of your claim the FO would deal with this as one claim rather than splitting it into two claims.

Camdenite

Hi, Just an update here. I decided that I would give this company two weeks to show me some positive progress. (I still would prefer to have 75% of something, rather then start all over again after six months) I phoned them today unaware of the Lloyds TSB ruling and was due to tell them this and be prepared for a row over their 25% fee when they totally shocked me by turning round and saying "Fair enough, as long as you refund us the £100 court submission fee, then you are free to proceed yourself, with no further payement due should you win".

I was completely taken by surprise, but now it all seems to make sense. If they feel they could have a fight on their hands then they won't want to proceed on my behalf.

I really need some guidance here. I am approaching the 40 days for statements with MBNA & Providian and have just sent my LBA with Capital One. Tonight's news was not really what any of us wanted to hear but am I now going to jeopardise my chances by starting all over again with Abbey myself? I have just sent my letter requesting statements for the missing period last year from Abbey and forty days seems a long long way away.

Camdenite

I have now dispensed with the services of my lay representative and have filed the AQ myself along with an Application Notice changing the claimant correspondance back to myself and the total for the full amount, not the £4,999 they had claimed to keep it within Small Claims.

The one thing I am concerned about though is, can I legally demand that this lay representative forwards all correspondance between themselves and Abbey in respect of this claim? I want to make sure I have everything available when it comes to making up my court bundle.