Plz plz help - court date but no-one seems to know anything?

BabyDiesel

Hi all,

Plz can some one help... Iv been chasing Abbey for a claim of over £1800, filed small claims on line, no defence was put forward infact it wasn't even acknowledged so filed for judgement / default by decree. But now iv received a date for a court hearing for 16th August, but i never received no AQ or anything that everyone here mentions, phoned the courts and their words were 'i don't know were your getting this info from but we don't use things like that??????' I then asked about the court bundle, wat exactly they would like me to send and will i forward copies to Abbey as well... 'Again i don't know wat your talking about?????' 'Just send a copy of your statements and your reference number'??????????????????????? :eek:


What?? Is this really the way it goes? I know its northern ireland but id have thought it wouldn't have made such a difference as to the courts not knowing what im on about?!?!?!

The only thing the court letter said was the date of the hearing and that i the claimant had to be there, but the defendant didn't, they just had to let me know either way??

Am i completely stupid and over-reacting or am i just simple?

Plz plz can someone tell me wat to do now? I know iv to send copies of the statements and charges and any correspondance into the courts but wat all exactly?

PS im hoping this makes sense!!

[EMAIL="abuse@moneysavingexpert.com?subject=Reporting post http://forums.moneysavingexpert.com/showpost.html?p=5905881"][/EMAIL]

wifeforlife

The process is pretty straight forward to be honest.

They send a small claims pack to the bank, the bank then have 6 weeks I think to respond and if they dont respond you get a court date

I'm not sure of the procedure from this as I never had to go that far.

The statements showing the charges you'll have anyway because you'd have included that in the letters you originally sent to Abbey, any letters you have had from Abbey about the claim against them, you must bring them too.

I dont see what else you need, have you looked through the small claims help section, I found it really good

Cate

BabyDiesel

Hi Cate,

Thanks for writing, were do i find the small claims help bit (still trying to find my way round this site!)

I have all the statements and list of charges (although i originally listed just the interst they were charging me whilst overdrawn but once i realised that wasnt the right way then i changed it - so hoping that won't go against me!!) iv al the letters i sent and I have the majority of the letters they sent me, so will include copies of them, is that all? Its just that one of the files i downloaded of CAG about a court bundle was 40pages long which included references of other cases from years ago and why they were viable???? Am i supposed to include things like that too or is it just the statements and letters? Do i send a copy of all of them to Abbey as well and if so, what would i write on the cover the letter? - Just that this is what im forwarding to the courts or...?

Apologies if i sound stupid or that but just don't want to make a fool of myself - and the fact that i cant afford to make a fool of myself!!!!

Many thanks

wifeforlife

BabyDiesel wrote: »

Thanks for writing, were do i find the small claims help bit (still trying to find my way round this site!)

Sorry I meant the help section on the northern ireland court service.

Iv been chasing Abbey for a claim of over £1800, filed small claims on line, no defence was put forward infact it wasn't even acknowledged so filed for judgement / default by decree. But now iv received a date for a court hearing for 16th August, but i never received no AQ or anything that everyone here mentions, phoned the courts and their words were 'i don't know were your getting this info from but we don't use things like that??????' I then asked about the court bundle, wat exactly they would like me to send and will i forward copies to Abbey as well... 'Again i don't know wat your talking about?????' 'Just send a copy of your statements and your reference number'

Its just that one of the files i downloaded of CAG about a court bundle was 40pages long which included references of other cases from years ago and why they were viable???? Am i supposed to include things like that too or is it just the statements and letters?

Well I've never heard of AQ and I dont know what it is either. My very limited understanding of the whole process is this. You file a claim, they either pay out or let it go to court. If they payout you submit a letter of settlement and if they dont, it proceeds to court.

Now I didnt get to court so I'm only going on what I have picked up from the whole process. But I think you just have to include the letters you sent to them (probably the initial claim letter, and the second letter after a rejection) and also any replies from Abbey or further correspondance you may have. Also have with you your list of charges and the interest from the exact date the charges have been applied to your account.

Do i send a copy of all of them to Abbey as well and if so, what would i write on the cover the letter? - Just that this is what im forwarding to the courts or...?

Just bring it to the court, or send them to the court if that is what they have requested. You have no call to be in further contact with Abbey unless they contact you to settle

Apologies if i sound stupid or that but just don't want to make a fool of myself - and the fact that i cant afford to make a fool of myself!!!!

You dont seem stupid, I've been asking the same questions as you! Dont be afraid to check out the reclaim bank charges thread and specify that your dealing with northern ireland, there will still be alot of info they can give too!

Cate

Edinburghlass_2

BabyDiesel wrote: »

Hi Cate,

Thanks for writing, were do i find the small claims help bit (still trying to find my way round this site!)

I have all the statements and list of charges (although i originally listed just the interst they were charging me whilst overdrawn but once i realised that wasnt the right way then i changed it - so hoping that won't go against me!!) iv al the letters i sent and I have the majority of the letters they sent me, so will include copies of them, is that all? Its just that one of the files i downloaded of CAG about a court bundle was 40pages long which included references of other cases from years ago and why they were viable???? Am i supposed to include things like that too or is it just the statements and letters? Do i send a copy of all of them to Abbey as well and if so, what would i write on the cover the letter? - Just that this is what im forwarding to the courts or...?

Apologies if i sound stupid or that but just don't want to make a fool of myself - and the fact that i cant afford to make a fool of myself!!!!

Many thanks

Duplicate post you made I answered here...

http://forums.moneysavingexpert.com/showpost.html?p=5908076&postcount=72

However the fact that you have changed something somewhere along the line and that the defendant doesn't have to attend this hearing it could be that the judge wants to check your claim.

You need to make sure your claim is totally accurate. Go through your statements and list the charges you are claiming, this does not include interest charged, and give a description of each charge and the date it was taken. You can put this through Martin's Interest Calculator and this will give you the 8% interest that you may be awarded by the court.