40bear v Abbey ** SETTLED IN FULL **

40bear · 21st May 2006, 21:13

Hi, I have just read an article in local paper about guy getting charges back from Nationwide which spurred me to join this site. Fortunately, I am a sado who has ALL my statements dating back to 2002 and from that I have calculated charges totalling £875.20. I have sent my first letter to Abbey requesting repayment of charges from 2002 using the template in library. I will wait patiently for 14 days....wot do you think my chances are?

alanfromderby · 21st May 2006, 21:28

Please can you post to this thread - I have moved your post as you had posted within another users thread. It makes it a great deal easier if cases are kept apart.

All the best with your claim - you seem to know what you are doing. Keep us posted of progress.

40bear · 2nd June 2006, 22:29

An update. LBA (2nd letter) being sent tomorrow as only received standard letter from Mr Turbitt. Provisionally calculated £1396 owed from 2001 to date. Getting quite excited now!

Janet-M · 2nd June 2006, 22:30

keep us posted

40bear · 9th June 2006, 09:22

Update - received 3 copies of same shabbey letter from Marc Winder - Milton Keynes!!! Received letter from Lesley Budge - Milton Keynes usual fob off if I wasn't happy with terms should have said so etc etc. Interesting that she points out the OFT reported unfair charges are in relation to credit card defaults and NOT overdraft!! Basically,Lesley Budge aint budging ha, had. LBA was sent to Anthony Turbitt - Bradford on 3/6/06 have til 17th then will be looking for help processing my claim. I won't respond to their letters and will stick to my timetable.

40bear · 16th June 2006, 17:53

Right I am preparing my moneyclaim as today is the 14th day after LBA and usual flow of standard letters from Abbey. Just a few questions (and yes, I have studied the FAQ & forum!!)
I am coping the template claim (from experience will this fit into the box online?)
My husband & I are both defendants so is this still an individual claim?
The total cost of charges applied. Is this the total of penalty charges and general interest on account? i.e. add both excel total columns?
Sorry - like everyone else want to get it right!
Thanks v much (your share of my refund is on it'sway!!!)

40bear · 23rd June 2006, 17:28

Processed Claim No 6BE01522 at Bedford County Court served on 22/6/06 to Abbey for £1470.08 includes £120 court fee. Have just received statement with another £265 of penalty charges which I will be adding to this claim. Successfully opened a Barclays account and transferring all business over.

alanfromderby · 23rd June 2006, 19:12

It will cost £35 to amend your claim - the alternative is to wait until they reach the settlement stage, and ask that they refund the extra £265 as well. If they refuse then issue a second action.

40bear · 23rd June 2006, 22:13

Thanks for that - there is so much knowledge on this website! Will wait to hear and do as you suggest.

40bear · 4th July 2006, 16:58

Received acknowledgement of claim from Piper Rudnick Gray Cary....usual blurb. Para 2 .."you have claimed the sum of.....,but provided not details as to how this sum has been calculated. You have also claimed a further.....by way of interest..." Para 3 "...you will need to produce evidence to the court of both amounts and this information should have been supplied by you when you filed your claim. We should be grateful if you would provide such details to us...."
???? Do I send them a copy of my Excel spreadsheet of charges.
???? Should I have submitted the spreadsheet with my claim. Thanks for your help.

alanfromderby · 4th July 2006, 17:14

Just send them a copy, and one ot the court. It is no major problem but keeps them happy.

40bear · 4th July 2006, 17:24

Thanks for quick response. Can I also inform DLA & court of the additional £295 of charges which came after I submitted my claim? I have included this amount recently on my spreadsheet but details came after my calculation to Abbey via Court. A moderator did suggest that I ask for this additional amount to be considered should I receive an offer.

alanfromderby · 4th July 2006, 17:40

I would wait until they start to talk about settling, at the moment you just need to give them the information relating to the amount you have claimed.

40bear · 12th July 2006, 08:51

Hi, received an acknowledgement from Abbey confirming they are defending claim. Also, posted off my breakdown of charges to their solicitors. Have closed Abbey account and they are requesting full payment of outstanding charges of £1600. Can I withold payment pending outcome of claim? We don't have the money to pay them anyway so can installments be negotiated?

Karnevil · 12th July 2006, 09:17

if the amount is in dispute you can write and tell them it is in dispute (as if they didnt know!) and they cant chase you for payment while it is. have a search on here I'm sure there some others in a similar position.

40bear · 12th July 2006, 19:58

Thanks for that, had already decided NOT to pay up!! as have read through your blog and others in similar position. Have you seen article in Daily Mail today p45 'Bank charge refunds are put on ice by the courts'. Looks like any new claims could be squashed......get in there quick is my advice to others!!!

40bear · 19th July 2006, 08:49

Received 50% offer from DLA. My claim was £1470.08 in total. They have offered £629.94, plus interest £45.10, Court Fees £120 and quoted their final offer as £1424.00. HOWEVER!!!!! IS THIS A MISTAKE????? Although there are £295 additional charges since I filed my claim that I was going to ask for. If they have added up their 50% offer incorrectly are they still legally bound to give me the amount stated in their letter. Also in their defence No.7 they state "The claimant has failed to provide particulars of the dates and amounts debited to the account...." I did sent the spreadsheet to DLA and the Court so that's a load of B******. Appreciate your help.

Karnevil · 19th July 2006, 09:30

Looks like the got it a bit wrong - maybe cutting a pasting into template letters and forgetting the change the last persons figure ?

If you are happy with £1424.00 you could accept it and see what happens (ie if they withdraw the offer) Write your own letter accepting rather than completing the form and just state the total they have stated (ie. not mentioning their calcs) , not accepting conditions etc. If they do pay out on that figure it may save you a couple of months waiting - it depends how strongly you feel on reclaiming the full amount I guess. It will all be on a without prejudice basis so none of this will go to the court if they notice the error (ie. you wont hurt your case by doing this)

I'm sure others will say no dont accept anything less than 100% but this is pretty darn close.

Also you won't be able to add the 295 on without paying 35 fee to the courts - you could save this for a further claim.

Re: the schedule of charges bit - I personally dont think they are bothering too much defending according to individual circumstances - as they never intend it to go to court.

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