Parkes Vs Abbey***WON***

[Parkes]

Hi all I have worked out that IM owed a total of £2817.50 from Abbey. I dont know how to work out the overdraft interest bit of the letter? The above figure is what they have charged me but does not include the 8% interest. Can anyone help please?

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[Karnevil]

the 8% interest only comes into the equation once you file the claim at court....

there is a spreadsheet to help you calculate this in the bank templates library.

	Materials library Follow this link to our library where you can use our templates and other references free of charge. You must be registered to use them - but registration is free.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[Parkes]

Thanks for this. I was aware of the 8% bit but wasnt sure about how to work out the overdraft interest. I sorted it by looking at the statements which pointed it all out and added up to a whooping £500!! Thanks for the reply Parkes

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[Karnevil]

Thats quite a heft overdraft interest charge on that amount of charges. Di dyou look at the overdraft interest spreadsheet - you can only claim it on the actual charges amount.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[Glenn UK]

If you follow the instructions on the spreadsheet it tells you how to deal with interest from a bank account.

Basically it estimates the portion of interest paid on an overdraft that is due to the charges.

Then you can either charge the contractual rate before filing at court, or go for the 8% when it gets to court.

HTH

Glenn

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[Parkes]

Hi and thanks for the reply. I have sent my letter to Abbey claiming the overdraft charges that were listed on the bank statements. I think I have done the wrong thing I have had a look at the advanced spreadsheet and Im finding it a little confusing?? Have I done it wrong guys?

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[philread1]

Hello Parkes

Yes, I think you may have.

When it comes to working out the interest that the bank have charged you since you were unlawfully charged, I personally think it gets very complicated, even with the aid of the spreadsheet for doing this in the templates, and is why I did'nt go for them charges as well.

When calculating these interest charges, you have to break them down in to 2 parts: 1. Part of the charge is legitimate, if you have an agreed o/d with the shABBEY, and 2. Part of it has been charged due to the unlawful charges they have put on your a/c.

If it goes to court, you will have to be able to show to the court how you worked this out, so that is why you have to be extra careful when doing this, as it is an area they could trip you up on!

If the interest over the time you are claiming has always been due to the fact they have put these ridiculous charges onto your a/c and made it overdrawn, then your calculations are correct, if not you need to go back over them and re-calculate.

Phil

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[Parkes]

HI Phill thanks for the reply. Ok so what can I do now? I have sent the letter to Abbey last week. Can I send another letter with revised charges excluding the overdraft charges? I feel like I have screwed up big time. Can anyone help?

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[philread1]

Hello Parkes

You have'nt "screwed up"! Like you say, just do another copy of the letter with a revised schedule of charges attached, and get it off to them. In your letter, tell them that the list has been revised. It won't make any difference, you will still have to send them a LBA after the Prelim, and you will still have to take them to court!!!!

Phil
PS. And you will still receive their bog standard, computer generated letters like the rest of us

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[Parkes]

HI Phil thanks again. I will send the revised letter at the 14 day excluding the interest charges. The actual charges I'm claiming is £2817.50 over the six years. At one point I had an overdraft of £2000 and paid it all back in 18 months. It got that bad because of Shabbys constant charges. One month they did me for £225!! I cant wait to get it all back. Thanks again for the great advice

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[Parkes]

Hello averyone I have had to delay my claim with Abbey as I did not have the money to start court prcedings. I had got to the point where I sent them my LBA and had also been given the good will payment of £250.00. I accepted this payment as part settlement and included that wording in my LBA. It has been over 2 months since my last corospondence so can I still put my claim in to the court system or do I need to start all over again?
Thanks
Parkes

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[ukaviator]

Hi Parkes

You need to start your claim through the court system now as they have had long enough. read the procedures for that before you go online to make sure you get your claim wording correct. There is some info on this in the Guidance Notes on this site. Start a thread under the bank name so that we can answer your questions quickly, it also keeps the site tidy.

Good luck

Uk

[cheddar]

Hi start your thread here http://www.consumeractiongroup.co.uk/forum/abbey-bank/ and chart your progress, don't worry about the delay it makes no difference.

[Parkes]

thanks for the advise everyone
Parkes

[Parkes]

Hello all I have sent the court my AQ and heard back from them with a direction to the small claims track. The court date set is May10 I think?
I sent the A149 in on Jan 30th to the court. I remember reading something that the bank needs to respond within 14 days or I can win by default. I have only heard from the court and not Abbey so will I hear from them or do I go for the strike out by default and if so how?
Thanks

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[Parkes]

HI can anyone respond with help please?

[Parkes]

Hi all have been given notice of allocation to the small claims track (Hearing) Just trying to get all my evidence together and the case is set to be heard on May10th but all paperwork has to be at the court on Monday March 5th. I am taking a day off to sort it out tomorrow and have photo copied two lots of bank statements which I will be sorting into piles tonight (Joy) I have looked at the FAQ but still feel a little unsure of a few things.
1 Can I copy and paste the evidence in the FAQ as evidence?
2 Can I realistically get all the evidence in before Monday even with doing at all tonight and tomorrow as Im sure a few of you have done this.

Claim is for £2817
Accepted £250 GWO but continueing the claim.

Thanks Parkes

[livelylad]

Originally Posted by Parkes

Hi all have been given notice of allocation to the small claims track (Hearing) Just trying to get all my evidence together and the case is set to be heard on May10th but all paperwork has to be at the court on Monday March 5th. I am taking a day off to sort it out tomorrow and have photo copied two lots of bank statements which I will be sorting into piles tonight (Joy) I have looked at the FAQ but still feel a little unsure of a few things.
1 Can I copy and paste the evidence in the FAQ as evidence?
2 Can I realistically get all the evidence in before Monday even with doing at all tonight and tomorrow as Im sure a few of you have done this.

Claim is for £2817
Accepted £250 GWO but continueing the claim.

Thanks Parkes

No the FAQS can not be submitted as evidence. The court bundle lists the items you require. It will take some time to gather your required bundle most things can be downloaded from this site all publications/regulations are linked. You need to stick to one thread for this claim this allows us to follow it easier.
http://www.consumeractiongroup.co.uk...rt-bundle.html
http://www.consumeractiongroup.co.uk...tutes-library/

[Parkes]

Thanks for the advise. I have already copied the court bundle.
What about the other link you listed, what do I need to download or copy ?

[Parkes]

I have now served the papers to Shabbey and to the court.
Do I now wait till my court date of May 10TH