I've made a mistake with claim amount

[wee_V]

My friend is claiming bank charges from Abbey. She only had some of her statements and she (stupidly) just made a guess at how much she's owed. She reckoned about £940 and wrote to them requesting payment. They refused, then she sent the Letter Before Action. They then paid £120 into her account. I suggested she use the letter that says she accepts that as part payment and will be persuing the rest via the courts...

Problem is, can she put an estimated claim in? I'm assuming the courts will want to see proof of what dates and amounts the charges are etc.

Should she get ALL her statements, find out the ACTUAL amount of the charges and write to them saying she made a mistake with the amount and give Abbey a chance to pay up before starting court proceedings?

I'm just wondering if she proceeds with an estimated claim, the judge might throw the case out?

[amethystdragon]

So I'm gathering from this that she didn't send in a Subject Access Request request plus £10 ? This she needs to do ASAP as you have to wait 40 days from sending it to moving on further

I would suggest she takes a deep breath, stands back and starts this again properly - Send the Subject Access Request request letter found in the library requesting all the statements and tweak it slightly to include an acknowledgement of the £120 they've paid back but that she will be pursuing the rest of the money through the courts

Early on in the process the courts had lots of estimated claims put in front of them but now as time has gone on and the procedure is well documented I would think that the court would look very unfavourably on a poorly constructed case - Look at the 2 Lloyds cases that have been thrown out recently - both had distinct flaws in the paperwork - You must cross every T and dot every I

It's by no means ballsed up but you do need to do it properly

[clarion48]

Totally agree with the dragon - wee.

This process has to be done properly or a case can be lost through not preparing right.

Start again - download the S.A.R template letter and send that off with the £10 fee. They have 40 days to supply the details - find out exactly what is owed once they arrive and then go on to stage two.

All the best

Clarion

[wee_V]

thanks for your help - much appreciated!

[wee_V]

She has statements to prove £860 worth of charges, from the 2 years statements she had kept. They probably owe her a lot more over the last 5 years, but she wants to just get on with it.

Can she just claim £860 when the amount she put in all previous letters to Abbey was £940? She realised that £80 worth of these had been refunded, which is why it's now £860.

She'll probably go through Financial Ombudsman, as it Scotland you can only claim £750 through small claims....

[clarion48]

Hi Wee,

Yes, she can just claim on what she has now but what a shame to lose out on the rest. I know it's a bit of a process but so worth it in the end and wouldn't cost any more money to do....just means waiting a bit.

When she files her claim she would then put the amount owed on the court claim form.....so doesn't matter too much that she's miscalculated at this stage.....she can send a new summary of charges to Abbey.

I'm not sure about how things are done through the Financial Ombudsman - you may need to do a bit of research into that.

All the best.






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