LordLee v Abbey **Settlement offer received**

[LordLee]

After receiving my statements after my Data Protection Act request and sending my initial letter asking for a refund of £4800 over just under 6 years... the 2 weeks are are up tomorrow and Abbey have not replied. However... before i send my letter before action, should my 2 weeks include weekends? Or should it be 14 working days?

[rayo1973]

Hi

I would stick to two calender weeks, that way you are giving them a clear message that you are not going to mess around. That is what i done, and the deadline for my LBA runs out this Friday. You will probably get the fob off letter (see my post earlier), but stick to your guns!

Good Luck

Rayo1973

[LordLee]

OK... i have now received the 'fobbing off' letter. However it appears to be a little different from others on here (i could be wrong).

It gives me the usual rubbish about terms and conditions and there charges being very transparent. But... it also states if i felt the charges were wrong i should've complained earlier. Also it say if i still have a grievance i should go through the Ombudsman which is the correct channel. Also it states that if i do go to court they will porobably close my account.

I'm not worried... but presumably i should just carry on as planned with the letter before action?

[Karnevil]

Hi, Yes sounds like the standard letter, send off your LBA tomorrow as planned (unless you get a big cheque in the post in the morning )

[LordLee]

Okeydokey... Letter Before Action sent recorded delivery today. (Gulps... little nervous as i'm claiming a massive £4800 over the last 6 years.)

[Karnevil]

Don't be nervous..........what've you got to lose ?

Good luck

[LordLee]

oh i'm just nervous of atually going to court and losing. Being one of the first to go to court is a bit scary.

[Tina&Gaz]

Lee, I'm pooing my pants too, I'm at the same stage as you, and have NEVER EVER even been in a court room!

I'm affraid that Abbey will also decide that I'm the one they do try to defend, I'll be a gibbering wreck if they do, good luck to you though!

[LordLee]

OK... I need some guidance here people.

I have now been sent the 'fobbing off' letters after both my initial letter and letter before action. I'm now at the MoneyClaim stage.

I'm filling in the form and i have some questions.

1. In the particulars of claim, is there anything standard i should write? Or shall i just put something along the lines of 'Claiming back illegal bank charges'

2. Claiming for interest. It asks me to copy and paste some text. Is this enough? Do i have to calculate the interest?

3. Claim amounts. I put in my whopping £4035 and the fee is £120 (which takes it dangerously close to the £5000 limit). But the amount claimed asks for "The amount you are claiming including any interest shown in your statement of claim." So do i add the interest st this stage? That will take me over £5000!

Shall i just not claim ineterest to keep this below £5000?

Confusing!

[Jane Austen]

Look in the library - there are suggestions there:

http://www.consumeractiongroup.co.uk...read.php?t=634

Just use this info to shape your own individual case.

Good luck

[Karnevil]

the court cost and 8% interest can take it over 5k

you have to work out all your amounts to enable you to complete the form accurately - theres a spreadsheet you can use for the interest bit

[LordLee]

Originally Posted by karnevil

the court cost and 8% interest can take it over 5k

you have to work out all your amounts to enable you to complete the form accurately - theres a spreadsheet you can use for the interest bit

by saying court costs and interest CAN take it over £5... i presume you are saying i CAN, as in am allowed in the small claims court?

[barracad]

Originally Posted by LordLee

by saying court costs and interest CAN take it over £5... i presume you are saying i CAN, as in am allowed in the small claims court?

8% interest and Court fees aren't included in the £5k limit, so as long as your claim amount alone is under £5k it will be fine.

[LordLee]

Originally Posted by barracad

8% interest and Court fees aren't included in the £5k limit, so as long as your claim amount alone is under £5k it will be fine.

Ok... now i'm really concious of being a bit paranoid here, and i don't want to seem like i need someone to hold my hand but i'm just not quite gettiong the money claim form.

So i enter my amount of £4835 and the court fees of £120 automatically calculate a total of £4955. But when it comes to the 8% interest... if i calculate this do i just manually type this into the total box? Do i just make note of this in the Particulars of claim? It really isn't clear.

Also when calculating the 8% using the spreadsheet... do i really have to type in every charge from my massive wedge of statements? I guess i do to get the interest right.... blimey i'm gonna be quite a while.

Call me stupid... but i'm just a bit confused now with the whole process.

[Karnevil]

Hi LL

Yes you do have to type out every charge, date and reason from your wadge of statements (at least you have them !) into the spreadsheet. You'll need it anyway to give to the solicitors / court a bit later on.

Then on your particulars of claim you put in the amounts seperately, then in the total box you put the total amount of charges with the interest already added in - and then your court fees seperately.

You have to work out your daily rate of interest too - it something like 0.00022 x total interest to give an amount to add on per day until they pay up.

Does that help any ?


eg.
I request repayment of these
charges and the interest applied on them
which total £TOTAL OF CHARGES I also seek
reimbursement of court costs and claim
interest under s.69 of the County Courts Act
1984 at the rate of 8% a year from DATE
to DATE of £TOTAL OF INTEREST AT 8% ONLY and also interest
at the same rate up to the date of judgment
or earlier payment at a daily rate of £(TOTAL OF INTEREST+CHARGES) x 0.00022.


btw my claim is over 5k when you add interest and charges on, but just the charges is below 5k so its okay for the small claims track.

[LordLee]

Originally Posted by karnevil

Hi LL

Yes you do have to type out every charge, date and reason from your wadge of statements (at least you have them !) into the spreadsheet. You'll need it anyway to give to the solicitors / court a bit later on.

Then on your particulars of claim you put in the amounts seperately, then in the total box you put the total amount of charges with the interest already added in - and then your court fees seperately.

You have to work out your daily rate of interest too - it something like 0.00022 x total interest to give an amount to add on per day until they pay up.

Does that help any ?

eg.
I request repayment of these
charges and the interest applied on them
which total £TOTAL OF CHARGES I also seek
reimbursement of court costs and claim
interest under s.69 of the County Courts Act
1984 at the rate of 8% a year from DATE
to DATE of £TOTAL OF INTEREST AT 8% ONLY and also interest
at the same rate up to the date of judgment
or earlier payment at a daily rate of £TOTAL OF INTEREST x 0.00022.


btw my claim is over 5k when you add interest and charges on, but just the charges is below 5k so its okay for the small claims track.

Thank you Karnevil. I just wanna get it absolutely correct so Abbbey have no grounds to stall.

The daily rate of 0.00022... this is obviously an estimate on your behalf. But i'm just assuming i work out what 8% a year is per day? If i get it slightly wrong would the courst throw it out and i'd have to start again. Or do they make allowances for such errors. I'm sh*t with Math.

[Karnevil]

sorry I got that wrong - durrrr to me - I was charging interest on just the interest which is wrong.....

Originally Posted by jonni2bad

To work out daily interest;

Charges Total = Y
Interest on each charge total = Z

Y + Z = Claim Value

Claim value x 0.00022 = daily interest amont

[Karnevil]

hi LL, the above is now correct ! hope I havent confuddled you !