us v the Abbey for £7,500

[deedee1310]

Joint Accounts

Does this apply to you?

deedee

[ohoh4312]

Oooooh you are brilliant

I didn't see that one - DOH!

Thanks hun

Jo xx

[ohoh4312]

I have just printed off my N1, schedule of charges (future dated for tomorrow) and Particulars of Claim, ready to take to Croydon County Court in the morning.

Every page of the attachments has my name and the account number on it, and I left a space on the Particulars of Claim to write in the claim number.

Just a thought - do I need to sign each page of the attachments, or is this not necessary?

Basic question probably, but it has done my head in getting this far already, and would just like to be as "spot-on" as possible!

Thanks in advance

Jo xx

[ohoh4312]

OH MY GOD!

YOU HAVE TO READ THIS!!!!!

oTHER

[deedee1310]

What Jo what???

Is there a link?

[ohoh4312]

OH MY GOD!

YOU HAVE TO READ THIS!!!!!

Other half back, and just called FCO re the letter (post72). This is a brief transcript of the conversation:

OH: I'm calling you regarding the letter you sent me
FCO: Can I have your card number please?
OH: Which number would you like, the one on the letter or my actual card number?
FCO: Oh I see - are they similar then? Did we make a mistake?
OH: Well they are both 16 digits if thats what you mean by similar!
FCO: Oh.......(long silence), then did a few security checks
OH: Also, you missed off a letter in my surname! So, whose card is it that you are investigating?
FCO: I don't know (!)
OH: Well I don't have a lot of faith in the FCO investigations at the moment then, if you can't get my name or card number right.
FCO: Just checking something.....ah, there was a stop put on your partners card?
OH: Thats correct, and she called you on the 15th and was told it was all sorted.
FCO: According to the system, the letter we sent to her was not received, so this letter you have should have gone to her.
OH: But the letter was received, and she called you, and you said it was all cleared? And this is not her name or card number either, so who's is it?
FCO: I really don't know. It appears we transposed the details from another account, but only on the letter. (Oh my God what an admission)!!
OH: So what happens now?
FCO: I have checked your account, and it is all fine.
OH: So neither card is stopped or flagged?
FCO: No, everything is absolutely fine.
OH: Actually it's not. Thanks.
***End of Conversation***

What the hell are they playing at? So the whole thing was wrong - name, card number the lot. And the letter was dated the same day that I called them to sort out my card!!

So now do I have grounds for a complaint, based on the undue stress they have put on me through total incompetence, or is it a bit flimsy/circumstancial??

Has anyone ever experienced this before? I really want to take some sort of action, but am not sure what or how. God I am livid

Any thoughts??

Jo xx

[ohoh4312]

Sorry deedee was so mad, and madly typing, must have pressed submit by mistake :o

[deedee1310]

Let me get this right. FCO were playing silly b***ers with your card but in actual fact they had the wrong card in the first place?

If that's the case then that is unbelievable. I'm not sure who you would have to complain to (if it's them it will take 8 weeks )

I'm so sorry love. Hopefully this is the end of the drama with your card for the time being but methinks you need to lose the "shAbbey Habit".

They are awful to bank with and I am so pleased to no longer bank with them, they were a nightmare .

Does anyone else have any ideas? Would you like me to send you one of Abbey's "How to Complain" leaflets (sent courtesy of Andrew Nanson after receiving my Prelim letter ).

[ohoh4312]

Thanks deedee but I have enough of those "complaints" leaflets to wallpaper the toilet walls - best place for them, me thinks

Anyway.......... I filed my N1 at Croydon County Court at 11am this morning!!!!!

So it's official (omg!) and now the waiting game starts I suppose.

Oh and just to rub their noses in it a bit more, I wrote the cheque out of the Abbey account!!!!!!

Jo xx

[deedee1310]

I love it!! The offer of the "complaints" leaflet was made with my tongue firmly in my cheek .

Yes it is official now - good for you. I've not heard a peep from them since my fob off letter last week. I will sending LBA next Wednesday at this rate.

I was thinking of amending my claim to including Contractual Interest at their unauthorised overdraft rate of 29.8% APR. What do you think?

If I get to the court stage I would ask the judge to consider three rates:

1. interest at their Unauthorised OD rate (29.8%)
2. interest at their Authorised OD rate (16.9%)
3. Statutory interest at 8%.

Your opinion and anyone else's is most welcome. I'm still trying to find threads to confirm if Abbey have paid out CI to claimants. If anyone knows of any cases, please let me have the links.

dee

[ohoh4312]

Hey deedee

Not sure on this one but from what I have read you have to include contractual interest right at the start of the claim ie Prelim letter, or else it cannot be considered - that is purely my understanding of it, but I will stand corrected if someone else says otherwise.

Hope someone can advise you further.

I have subscribed to your thread so will be reading with interest - while mine goes quiet till the Court papers land on their desk!

Jo xx

[deedee1310]

Do you know what, as it is my first claim (I've wisened up since I started this one), I will leave it as it is.

My Capital One claim has CI from the outset as does my Haliprats one. It'll be interesting to see how they react to those claims

Can't take the lulls. Have been reading and contributing to your thread for the last week now. Never mind, the excitement will pick up again when Abbey start their usual court shennanigans

Yes - please keep an eye on my threads. I'm just two and a bit weeks behind you with Abbey.

deedee x

[ohoh4312]

Will do hun

Mind you with the way Abbey have been treating me just lately, I am sure there will be something else to report soon

Otherwise we can just have a chat!

Jo xx

[ohoh4312]

OK, now I have nothing else to do but wait (I wish LOL), everything is going round in my head and I need clarification if possible please on the following:

My Prelim letter to Abbey included all the overdraft interest, as charged per month - I hadn't found this wonderful website then, and was following alternative advice!

Then reading other websites - still not this one, unfortunately - the advice was NOT to include overdraft interest, so my LBA was amended to reflect this, and I duly informed them in the letter. I did actually take legal advice from a friends' Mum who is a solicitor, and she said that because I was reducing the claim, it did not have any effect, and I did not have to start again.

Now, having filed my N1 today it is for less still; I have had to remove two months charges in 2001 to fall within the six year limit (they were valid at the time of the Prelim obviously) and I am nowhere near confident enough to argue the Statute of Limitations.

OMG sorry it took so long (:o ), but the question is:

If I have to submit a Court Bundle, then the Prelim letter will be included - the others won't because they contain "Without Prejudice" paragraphs - so will the Court question the difference in the amounts? And will this go against me?

I know in general a difference in the original request to the Court claim does not matter, but because what I did initially was wrong, I now think thats why Abbey are being so Shabby towards me, because they think I haven't got a clue what I am doing! (How right they are - ish!)

I know I am months away from a Court bundle, and may not (prays) ever have to do one, but you know when something is just niggling and won't go away?

I would just like some reassurance now please, if possible, that I haven't screwed up and given them an opportunity to throw out my case

Sorry that took so long too!

Jo xx

[deedee1310]

Hi Jo.

Don't know if I'm qualified enough (by experience and knowledge -yet), to help answer.

From what I have gleaned, it doesn't matter too much about the schedule of charges in the sense that you can continually amend it, until you file at court. For this reason, I don't see why the Court would question why the amount in the Preliminary Letter is different to the schedule that has been included as part of your evidence.

If anyone knows better could you please post and help reassure Jo.

Apart from that Jo, how is everything otherwise?

deedee x

[ohoh4312]

Thanks deedee - my fountain of reason as ever

I was just doing the "headless chicken" again I think! No seriously this has taken over my life at the moment - how sad! - and I am just picking holes in my own case before someone else does! Thanks for the reassurance - again!

Will pm you in a bit to burden you with my latest woes! (Joke!)

Jo xxx