process started

[graham]

On the 5/1/06 i sent first letter off to the abbey as of yet no reply,tomorrow i am sending second letter off explaing now iam going to charge 8% interest .
if any one has any good ideas about what to write please let me know
WELL DONE BANK ACTION GROUP for setting this forum up and helping the many poor souls who have lost 1000s with banks.
POWER TO THE PEOPLE

[Down and out]

I don't think that you need to explain to much about the 8%. They know about the County Court rules or at least they should do - or if they don't yet, they are going to have a learning curve pretty soon

Just refer to your previous letter and say how disappointd you are that you have received no reply. Howver, you are sure thay will appreciate that you cannot let matters stand as they are and so if they do not come back with a positive response within 7 days you will issue proceeding in the County Court for the full sum plus interest and without further notice.

Yours sincerely


.... Then DO IT!

Originally Posted by graham

On the 5/1/06 i sent first letter off to the abbey as of yet no reply,tomorrow i am sending second letter off explaing now iam going to charge 8% interest .
if any one has any good ideas about what to write please let me know
WELL DONE BANK ACTION GROUP for setting this forum up and helping the many poor souls who have lost 1000s with banks.
POWER TO THE PEOPLE

Thanks! The Internet is a powerful place for people to meet, which the banks haven't yet caught on to as being the worst threat to their illegal money making schemes there has ever been.

For the first time, people up and down the country who would never normally interact with one another save possibly a chance meeting someplace, can gather to discuss and trade experiences about a common subject, and more importantly where those people are consumers of either a product or service, can gather in sufficient numbers to become an actual threat to any unfair practices by the huge organisations running these services and offering these products.

The day cannot be far away when we start to moderate those huge organisations because mistakes they make, deliberately or accidentally, can be brought to peoples attention.

[Docubot]

Any news Graham?

[graham]

after 4 letters now and a few phone calls still no joy so tomorrow i am filling out court claim form ,what do i put in the box that asks me about the claim any help will be great thanks

[graham]

i have just filled out my claim form with this
After holding a bank account with abbey for approx 3 years ,on a number of times abbey have taken money out of my account which i belive to be in to be a direct breach of the Unfair Contracts Terms Act 1977 which require that contract terms be reasonable. I do not believe these charges are reasonable as outlined in the aforementioned act.
I have wrote to the abbey and as of yet have had to reply.


should i put any thing else cheers

[BankFodder]

Originally Posted by graham

i have just filled out my claim form with this
After holding a bank account with abbey for approx 3 years ,on a number of times abbey have taken money out of my account which i belive to be in to be a direct breach of the Unfair Contracts Terms Act 1977 which require that contract terms be reasonable. I do not believe these charges are reasonable as outlined in the aforementioned act.
I have wrote to the abbey and as of yet have had to reply.


should i put any thing else cheers

Is this your N1? I'm afraid that it won't really do. I have the impression that you haven't read around the forum. please do.

[Russe11]

Are you issuing against your local branch ?

hope its the Bell Hotel branch in norwich

[graham]

It is the first time i have made a claim in a county court ,so if you could point me in the right direction it would be a great help
(i would not be taking these steps if i had not done plenty of reading first)
many thanks

[Russe11]

look at the bankchargeshell website, they have examples for claims for either online or in person.

If you don't live to far from the law courts, walk down and go into the county courts, walk in and turn right after security, there is a help desk...ask for the N1 forms and they can give you all the leaflets you are likely to need.

[BankFodder]

OK. We probably need to get a template nto the library at some point but we are rushed off our feet.

However, you will find that these answers are in the FAQs and elsewhere.

Your action is on the grounds that:-
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 3 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.


Lay out your calculation - don't forget that if the banks have been charging you interest on these charges because you were in overdraft then you should include a figure for this as well.
Do the s.69 county courts act interest statement plus calculate that on the lot incouding on their interest that they have deducted from you.

Then come back and let us have a look.

[caj123]

i thought id let you all know were i'm up to at the moment.

11th jan = sent data protection letter off

19th jan = recieved 1 years of statements

2nd feb = recieved microfiche and a letter telling me that the microfiche were on its way!!!!

2nd feb = sent off my prelim letter

5th feb recieved a letter of abbey saying it will take 4 weeks to investigate my proplem and SORRY to hear i was so unhappy i felt the need to complain!!!! er yeah £1950.04 short would make any1 unhappy!!!

thay have untill the 19th till i send them my L.B.A letter

i hope they have the b**ls to reply because i'm not in a good mood with them x x x x x x x x