Mucka v Abbey

[Mucka]

Hello
I have been reading around this site for ages now - and have used/followed all advice regarding claiming back charges.
I am now at the stage of completing the money claim online form and I'm stuck so here I am asking for help.
I am at the 'particulars of claim' page...I found the text below in your FAQ's.

You have a contract with the defendant bank dated XXXX and which is conducted on their standard terms and conditions. You are claiming the return of money taken by the defendant in the way of charges over the last xx years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.
You have repeatedly asked the bank to justify their charges but they have declined to do so.

Please can someone reassure me that this is what I put into the box provided?

Where do I fill in the amount I'm claiming for? Does that come on the next page?
Thanks for any help.

[Mucka]

Anyone??

[Mucka]

Please...
Does anyone know what I should put into this box for Money Claim Online?

[rayo1973]

Hi Mucka

Sorry for not getting onto this earlier. (I just won my case this afternoon - see my thread Abbey Fob Off????)

But anyway, this is what i put in my claim:

Claim for refund of punitive charges on account xxxxxxxxx. Claiming return of money taken by the defendant in way of charges over the last 15 months plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty,therefore unenforceable as they are contrary to common law. A disproportionate penalty they are invalid under the Unfair
(Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I've repeatedly asked the bank to justify their charges but they have declined to do so.There are 20
different charges between the dates of 20/06/2005 and 24/02/2006 with a total cost of £570.00+ interest pursuant to S69 CCA at such rate, for such periods as court deems just. Scheduleof all charges is available and has already been sent to the defendant.


Hope this helps?

Rayo1973

[Mucka]

Thankyou - and congrats on your win...I'll be sure to have a read through your thread!

[Mucka]

Would anyone like to help with the next bit?

Interest - I know everyone asks this, I've read about it in so many threads, but still don't get it!

I'm claiming for £4915, so with interest calculated at 8% = £852.68.

So the bit I don't understand is this bit:

"and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p This is the amount you're claiming multiplied by 0.0022)."

What do I put here?

[Karnevil]

do charges+ interest = 5767.68 then x 0.00022 = 1.26 so your daily rate of interest is £1.26

your court fees will be £250.

hope that helps.

[Mucka]

Thank you - the bit about court fees was my next question, so thanks for pre-empting that.

Will it still go through small claims do you think??

[Karnevil]

yes as your charges are below £5000 it stays in small claims. the interest doesn't matter with regards to the track it goes on.

if the charges plus the interest are £4999 then the court fee will be £120 (which takes it over 5k but not into the next charge band) if that makes sense ?

[Michael Browne]

Yes, even though the 8% takes it over, the actual claim is below £5000

[Mucka]

Thanks all - your help is appreciated. I've got the form all done now, but may have to wait a few days to find the £250 for submission.

Will keep you posted.

[Karnevil]

thanks micheal - your answers are always rather more conscise than my'n !

michael - concise - mine (my'n = my own ?)

[Michael Browne]

Originally Posted by karnevil

thanks micheal - your answers are always rather more conscise than my'n !

But my spelling's not as creative.

[Mucka]

Quick update:

Begged my Mother's credit card for the court fee - have given her a cast-iron guarantee that she will get the money back when Abbey settle. (gulp).

So anyway, claim submitted. Claim No. 6QZ46595. Gonna have a glass of wine now to celebrate having got this far. Wish me luck

[comanche]

Good luck. Actually determination is more important than luck.

[Mucka]

Do I need to do anything else at this stage ?

[Mucka]

Hi all

I filed my claim last Friday and it was issued today.

However I received a letter today in response to my LBA and a couple of paragraphs gave me cause for concern. It may well be a standard letter - you tell me.
Here are the paragraphs:

"The Financial Services Authority (FSA) governs Abbey, and they overtook our Terms and Condititons to ensure they are legal and fair. As such, charges incurred under these terms and conditions are not unlawful, they are valid. When you opened yor acount with Abbey you were provided with this documentation and accepted them, and the penalties if you breached the terms;.

Then...
"Charges are one way of deterring customers from making regular payments when there are insuficient funds to cover them. "

This suggests to me a punititive aspect to charges.

However, like I say. maybe you've all had this letter - but I felt I should express my concerns.

A couple of other questions while I am here -

My claim was issued today - do I need to send hard copies of spreadsheet detailing charges to the Court/Abbey??

Please help - at the end of my tether. This is taking over my every waking moment.

[Karnevil]

hi mucka

the letter seems quite standard - the deterring customers bit seems new - but nothing to worry about.

I personally wouldnt worry about sending the list of charges to abbey - did you send the schedule with your lba ? abbey solicitors will probably ask for a copy anyway later on.... others have sent a copy to the courts (have a read about)

Please help - at the end of my tether. This is taking over my every waking moment.

my hubby would say the same of me

Next you'll probably get a copy of your claim from the courts which will give you the deemed served date - you then just have to wait and see fi abbey acknowledge and/or defend your claim ( max 28 days from service).

[Mucka]

Thank you for your quick response - it's good to know there's someone out there!!