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This is a new thread to deal with my claim against Abbey and a claim against me by Robinson Way who purchased the outstanding overdraft from Abbey whilst the account was in dispute, earlier this year.
This is for a current account in my name only, with an agreed overdraft of 10k.
23 Jan 2007: Requested bank statements from Abbey.
15 Feb 2007: All statements arrived.
1 Mar 2007: Waited to this date until I totted up the total charges since my first one in 2002. (New bank account is open by this stage). Total charges are £9,881.00
30 Apr 2007: Sent a rejection letter for the GWG. Abbey then proceeded to add the refund back to my frozen account anyway, bringing the balance down to £8,442.84
21 May 2007: Final entry on statement says "ANPF PAYMNT". It's a credit of £8,442.84 and the balance is now zero.
[Shortly after this point, the test case started and Abbey told me over the phone that nothing would be happening with my claim until the test case result was known]
Feb 09: Letter from Abbey saying debt had been sold to Robinson Way. I wrote to Abbey telling them that the account was still in dispute and asked why they had sold it. No reply.
May 09: RW sent a few letters which I ignored. Then, in May, a court claim form arrived, requesting £8,522.46, comprising a principle sum of £8,232.46, court fee of £190 and solicitors costs of £100. They are also asking for interested, accruing daily at £1.74. I immediately wrote to Abbey once again, demanding a refund of my charges. No reply. I submitted a defence online, stating that I denied the alleged debt because it was wholly comprised of unlawful charges.
24 July 09: Wrote to abbey again to ask for charges to be refunded.
4 Aug 09: Letter from Abbey saying they are looking into my complaint.
16 Oct 09: Wrote to abbey again to inform that RW were taking me to court over the debt they sold to them even though my account was in dispute. Asked them to provide me with a letter to confirm that the account was in dispute, for my defence. Also asked them to explain why they had sold the account whilst in dispute. They never answered either request, instead sending me another letter telling me they were looking into my complaint. That letter also included information about the test case and said that if I started a legal claim against them they would look to have it stayed right away.
Charges and interest at this point stands at £12,565.88. (Annual interest on each charge of 8%).
12 Nov 09: Went to court to defend RW's claim against me. The judge sent me away to prepare a new defence within 21 days, saying I needed to provide my list of disputed charged in my defence, along with why I was disputing them and on what basis. RW applied to the judge for costs to be added for the day, but they were refused.
13 Nov 09: Charges and interest as of today = £12,801.94
Send an SAR to Abbey but in the meantim recalculte your charges on any available information whcih you have and submit a claim on Monday.
Don't bother about the lba. You sent one some time ago but anyway they have nowed upped the ante by selling the debt on.
Just issue the claim and then we'll deal with the DCA
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Great. The OFT test case decsion is to be handed down next Wednesday.
Unless there is some amazingly nasty suprise, you will be able to refer to the judgment in your claim against Abbey and also in your defence against RW.
I think that RW have bought a pup - one of many.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Yes please. Very interested. Of course, it will have been drafted before the Supreme Court judgment - but lets take a look.
Ta
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
James31 vs Abbey (v2)
to deal with my claim against Abbey
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