Are you threatening me ! ! !

[kevcam]

Hi,

Recently started trying to get MY money back from Abbey Business.

Received letter today, which looked like the standard P155 OFF letter but at the end it read:

"If the complaint esculates into a claim in the County Court, we will review each case individually, and if we feel that our relationship with our customer has broken down completely, we may decide to give notice to close the account under the Terms and Conditions."

I'm a little worried as I have not setup an alternative account yet and this could take 2 weeks or more.

And I just filed with MoneyClaim yesterday! Can they threaten me like this?

[callumsgran]

I'm afraid so, set up another a/c quickly i suggest for quickness step a/c at NatWest online!

[kevcam]

Hi,

Does anyone know if by law they need to give any particular period of notice to close the account or can they just shut it down tomorrow?

I have applied to another bank, but will take time.

Regards

Stuart

[kevcam]

Hi,

Do they need to give me a certain period of notice ie a week, month etc or can they just shut it down tomorrow?

Regards

Stu

[kevcam]

Hi,

Do they need to give me a certain period of notice or can they just shut my account without warning.

Regards

Stu

[barracad]

Originally Posted by stuconroy

Does anyone know if by law they need to give any particular period of notice to close the account or can they just shut it down tomorrow?

You mean like a law that says they can't apply excessive charges?!!

Your contract will probably say 30 days notice, but they would need a good reason to close your account.

However, we know the banks think they are above the law and will just do what they want, when they want so I would set up a parachute account immediately.

Some people are trying to get injuctions to stop the bank from closing their account - search for 'injunction' and read some of the other threads.

[alanfromderby]

The reply you have had is the standard Abbey response.

They should give 30 days notice of closure, if they decide to take that route. We do advise that people open a parachute account, in case their bank takes this action.

Unfortunately, rather than face up to their obligations and accepting they are in the wrong, banks have adopted a policy of throwing their toys out of the pram.

[kevcam]

Hi,

This claim is really dragging on, having filed with MoneyClaim back in June.

The claim was transferred to Canterbury Law Court and I have repeatedly asked court for default judgement since Abbey did not submit defence.

I wrote to court asking why they kept allowing Abbey more time to submit defence and they replied that they would give them one more chance to file defence by December 1st - and guess what - a defence has been filed by Abbey.

I really feel quite let down by the court for them allowing Abbey to make a mockery of the system and delay things so much.

Has anyone else experienced this?

[alanfromderby]

I understand that this is very frustrating, but actually the court is doing you a favour as Abbey would simply apply for a set aside if judgement had been entered in default.

If you do want to see some movement, ask for the judge to make the following order on your AQ:

It is clear that the Defendant is arguing that the disputed charges are proportionate to their costs for my admitted breaches of contract. l therefore respectfully ask that the court considers making the following Order which I believe will help in resolving this matter:

1) That the Defendant supply to the Claimant, a full certified breakdown of the actual expenditure incurred by (insert name of bank), in relation to each of the charges detailed in the Claim.

2) Where the charge is purely an administration fee applied under the Terms & Conditions of the account, the Defendant supply the Claimant with certified details of how this charge was set, and the calculations used in the process of arriving at this figure.

3) That the above actions be completed within 14 days.

If the court does not agree to this, then you have not lost anything - but it just may clear up the case very quickly if it is agreed.

[kevcam]

Thanks Alan,

I feel a little better now and thanks for the Allocation Questionnaire tip - I'll give it a go.

Regards

Stuart

[kevcam]

I'd like to update my Particulars of Claim for my claim against Abbey.

The main reason is that I started action in June but since then have been hit quite heavily in charges.

Can someone confirm if it is a form N244 which I need to complete and does anyone have any experience in completing one.

[121o121]

http://www.hmcourts-service.gov.uk/c.../n244_0400.pdf

[alanfromderby]

The other approach is to see if they will include the new charges when they eventually agree to settle. If they refuse, you can then just issue a second claim.

[kevcam]

Hi,

Thanks for your replies.

I have downloaded the form N244 and will complete.

I know I could start a second claim but since it has taken 7 months to get this far - without even an offer of settlement from Abbey I am reluctant to do this.

I would prefer to ammend my claim as I do think a court date may be set early in the New Year and that is when the offers will start.