dave and cath against abbey *13k WON WON WON !!!!*

**catherinebear** · 9th July 2006 14:42

Hi there everyone

We have just started the process of trying to claim back £11,ooo in bank charges plus interest icon

from the Abbey. We have sent the initial letter which they should received tomorrow. We wondered how many other people have had a claim over £5,000 and how they went about claiming it back through the county court icon

and what were the appropriate fees paid. Has anybody on site had a succes against Abbey yet and if so would love to hear from them. We are also writing letters to Capital One icon

Card and Kensington mortgage icon

Company.

Look forward to hearing from people.

Catherine

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**Michael Browne** · 9th July 2006 14:54

Originally Posted by catherinebear

We wondered how many other people have had a claim over £5,000 and how they went about claiming it back through the county court icon

and what were the appropriate fees paid. Has anybody on site had a succes against Abbey icon

yet

The simple way to keep a claim in the small claims track would be to split a large claim. Start from 6 years icon

ago and add charges until they reach £5000ish and claim for that. When that cklaim is settled start the 2nd. Fees are £120 when you file + £100 at allocation both reclaimable. Look in the survey results for successes aginst Abbey

**Tigs33** · 10th July 2006 14:33

Good luck (not that any of us need it!!) I will subscribe to this thread as I want to see when you get your payout

**catherinebear** · 10th July 2006 17:47

Hello there

pleased to receive your message and will keep in touch with you as matters progress, hopefully! Let us know how your case is going as well.
Catherinebear

**catherinebear** · 10th July 2006 18:07

Have just read thread about Abbey icon

we are just in the process of taking action against Abbey. They should have received our letter today! we are lucky we have all the statements for the last 6 years icon

and they amount to £11000 plus interest. This is due to my husband being made redundant icon

for a year, my ill health (I had to have major surgery on my spine and I am now registered disabled) and bad management as the more charges they put on the less there was left to live on and it was a roundabout that we just did not get off! We think we are going to choose the fast track way in view of the amount involved. Does anyone know the amount the Court will charge for this? Also do we serve the papers in the Court or on line what has everyone found best. Also we have remortgage our property twice which eventually in view of my illness and other things we lost our home but luckily we have been rehoused by a housing association so we consider ourselves lucky in view of everything. We were wondering if anyone has attempted to pursue mortgage icon

companies as we have been charged £4,000 and £8,000 respectively on mortgages redeemed early!! by these insitutions talking about institutions I think I would be in one now if I did not have good friends and family. Love to hear from others in same position.

Catherinebear

**jonni2bad** · 10th July 2006 18:27

Hi Catherine

The fee for this sum would be £250 (any figure between £5,000 - £15,000) and the likely maximum of costs, should you lose, would be £750.

the good news icon

, of course, is that Standard Disclosure comes into play. Should the bank actually defend then you can ask for evidence of it's charging structure, notes of management meetings where these figures were discussed and also notes relating to their methods for dealing with breaches.

The bank will not want to provide this - so whilst you do open yourself up to the costs issue, they open themselves up to greater risk, in my opinion.

Are you claiming the kind of benefits that could see you gain Legal Aid?

As far as mortgage icon

Redemptions are concerned, this is certainly a point being raised more often and I think some users are now in the process of trying to reclaim them. Perhaps it might be better to deal with the charges now and those later - the choice is yours but you could find yourself over committed in legal actions if you take that issue on now.

**catherinebear** · 11th July 2006 10:39

Dear Jon
Many thanks for your thread note what you say and think you may be right to deal with one thing at a time. I will look into whether I would be eligable for legal aid or not if so that might help if Abbey icon

get stroppy. How are things going for you do you have any news yet on your case.
Catherine and Dave

**jonni2bad** · 11th July 2006 21:13

Oh no - a dear John letter

No more news on my claim yet.....

**give_me_it_back** · 21st July 2006 08:20

Hi Catherine. How's the claim coming along?

**catherinebear** · 29th July 2006 09:39

Hello everyone, Well we have now received a letter from Abbey icon

saying that oh no £11,000 bank charges in 6 years icon

is not excessive and threatening to close our account should we go the county court icon

. We have chosen to go fast track which will cost us £250.00 does anybody know how to fill in the court forms and what we should put if so would welcome your help as we want to make sure we get it right! By the way we have already opened another bank account in readiness so let them close the account it will be no great loss!

**Tigs33** · 29th July 2006 12:07

Catherine, we had the same letter yesterday, but our claim is only for £3391.97. I think you just fill in the money claim as normal and then instead of the small claims court your claim is automatically fast tracked, but it might be a good idea to search on "fast track" and PM somebody who has actually done this.

**catherinebear** · 16th August 2006 09:21

Hi everyone

Yesterday we received a letter from the Abbey icon

's solicitors saying that they had a good defence and would be filing one to the Court! bring it on we say! However, if we do not hear anything by tomorrow (17th Aug) we can apply to win under deafult so I am hoping that they forget!!! We are claiming back in exces of £13,000! and think the Scabby Abbey should pay back all of us that have suffered at their hands.

Catherine

**give_me_it_back** · 16th August 2006 11:13

Good luck Catherine! I'd love to see what their 'good defence' is!

**philread1** · 16th August 2006 11:39

Hello Catherine

Cheeky Bleeders!!!! What defence can they put up at all, they have been told their charges are disproportionate in the OFT report into excessive charges(max. £12 that said!).

I can't believe the cheek, I also have a claim in for about the same amount, so I am watching with great interest icon

. I'm waiting for a reply to my Prelim letter, they have another week left, then the lba icon

will be fired off to them as well. The other difference is that half of my claim is estimated as well.

Keep fighting Catherine, and don't let the b******* grind you down!!!!
Phil

**give_me_it_back** · 16th August 2006 15:59

be careful... The OFT have not RECOMMENDED a fee of £12.. They have only said that is the amount at which they will become involved.

**Tigs33** · 16th August 2006 17:33

Catherine, keep strong, I have had a letter from Abbey icon

's solicitors saying they are going to put in a defence.....yeah right...yawn!!!! lol they also asked for a Breakdown icon

of our charges. So I emailed them and also popped a copy in the post. Very interesting though their letter was dated 28th July but I only received it on the 15th August!!!

**philread1** · 16th August 2006 19:34

Originally Posted by give_me_it_back

be careful... The OFT have not RECOMMENDED a fee of £12.. They have only said that is the amount at which they will become involved.

Why are the banks paying out at the last minute to everyone at present, its because their charges are excessive and disproportionate.

The only reason they are paying out is so that they don't have to disclose how much it really does cost them!!! They have been getting away with it for too long now, and its up to the honest, hard working people of this country to stand up and be counted and make them change this unfair system of unlawfully penalising, rather than just taking it on the chin.

Phil

**give_me_it_back** · 17th August 2006 09:34

Absolutely true.

**alexander** · 18th August 2006 10:40

Well done Catherine, im not quite as far advanced as you, still awaiting 6 years icon

statements. My estimated amount is circa 12k without interest icon

so will be watching closely. I really hope it goes well for you, I know what a burden these charges are, can destroy lives!

**catherinebear** · 20th August 2006 18:36

Hi everyone,
Well telephoned the Court on Friday morniing and Abbey icon

have not filed a defence yet (should have been Thursday) but the Court did say that they were approx 5 days behind! cannot see the Scabby letting this go in view of the amount (£13,200) Still will keep you all informed of any progress as soon as we hear. Many thanks for all the messages and good luck to everyone out there fighting the good fight!

Catherine and Dave

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