Thread: Sev vs. SHABBEY!

Well, here's the update...

Sent the preliminary letter with full Breakdown of charges. - I had my statements from the last six years, so a couple of hours infront of the spreadsheet sorted this out.

I got lots of letters fobbing me off, and then a letter with an offer of good will payment which fell way short of the full ammount! On my next statement, I saw the offer refunded to my account, together with an interest charge which tipped the overdraft back into the red!

A couple of days later, a letter arrived saying that they were looking into my complaint blah, blah!

So, I filled out my MCOL and on the 4th of Nov. My MoneyClaim was served to them.

I have now had a letter- not from anybody, but signed by hand - Abbey
stating that they will lodge a counterclaim, and that they had no details of the charges for which I was claiming - I sent them in my original request for refund of charges which was signed for by recorded delivery.

I'll keep you posted on what happens next.

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that's the funniest thing Lula, the letter came from the london HO, and was just signed -Abbey!

I think the building must have sprouted arms and legs and typed out the letter!

Now, I am impressed that Shabbey have not seen fit to contact me so far, considering when they wanted their overdraft cash back their little telephone fingers must have been red hot with the ammount of phone calls I got!

My statement's due any time now so this should be interesting!

well, on the 29th of November Shabbey filed their defence.

Naturally denying that they had contravened any act.

The Moneyclaim file just says that a defence has been filed.

We wait and see!!

Questionairre submitted today with cheque to the Courts - lets see what happens.

Also got a letter from some herberts called Equidebt saying that I must pay back the full overdraft by 24th or else.

Right, here's the latest...

With only five days to go till the hearing, Shabbey have got a company called Equidebt to chase the outstanding sum on the overdraft and my Cahoot Account.

I sent a postal order for a pound in order for them to release a copy of the documents whichapparently assign them the debt.

Their reply to this has been to use another company to initiate proceedings for a CCJ.

Abbey and Cahoot still ignore letters for a part payment, as they have done for the last 12 months. All i've been doing is paying what I have been able to afford (about £10) as advised by national Debtline.

Something tells me that if it goes to CCJ - they may well get an awful lot less once the court has had a thorough review of my current finances!

I'll keep you updated.

You need to write to Equidebt and Abby informing them that the account is in dispute and under the Banking Code they shouldn't escalate the debt collection until the dispute is resolved. Combine in the letter the fact your are making payments you can afford as advised by debtline.

re the counterclaim letter you received what are they counterclaiming for? the overdraft debt ?

No, infact they are counterclaiming that the charges were lawful and tht I had signed in full agreement and acceptance of them.

They also claimed that they were justified as this was not the first time that I had incurred charges.

Originally Posted by Sev

Well, here's the update...

Sent the preliminary letter with full Breakdown of charges. - I had my statements from the last six years, so a couple of hours infront of the spreadsheet sorted this out.

I got lots of letters fobbing me off, and then a letter with an offer of good will payment which fell way short of the full ammount! On my next statement, I saw the offer refunded to my account, together with an interest charge which tipped the overdraft back into the red!

A couple of days later, a letter arrived saying that they were looking into my complaint blah, blah!

So, I filled out my MCOL and on the 4th of Nov. My MoneyClaim was served to them.

I have now had a letter- not from anybody, but signed by hand - Abbey
stating that they will lodge a counterclaim, and that they had no details of the charges for which I was claiming - I sent them in my original request for refund of charges which was signed for by recorded delivery.

I'll keep you posted on what happens next.

We received the same letter from abbey on 29/12/06, signed Abbey. They also stated they have not received a copy of breakdown of charges and interest, which has been sent to them on two occasions by recorded delivery. They are defending all of our claim, we are waiting to hear from the court to fill out questionaire. Trying to keep positive.

Hi
I am about to embark on the process of obtaining all the charges on my Abbey account over the last 6 years. I've heard they will close our accounts or withdraw overdrafts & cards, has this happened to you yet? Have you opened a new account to deal with your direct debits etc?
Am teetering on edge before I take the plunge! Thanks Foxy

Foxy,

I opened an account with the Nationwide as soon as I knew I had financial problems. It's always good practice to open a 'safe' account that's not tied into any credit that you owe, because they often can and will dip into your account in order to recover their debt.

I was asked to return my debit card and cash card, and the account's overdrafr was declared repayable immediately.

In spite of letters to them they have neither stipped interest or charges on this account.

You have to remember they have no loyalty to you, once you owe them money. If you don't owe them money, they will try and get you into a position where you do. The banks make more on debtors than they do on creditors. If you do not have any debts, the only way that they can make money from you is by trying to keep hold of your money longer - with investments etc.

Right, here's the update...

The court has written back, and the case is allocated on to 5th March at 10:30am with a time estimate of 1 hour.

They have asked for the following directions:

a) each party shall deliver to every other party and to the court office copies of all documents upon which they intend to rely at the hearing.

b) Copies shall be delivered no later than fourteen days before the hearing.

c) The original documents shall be brought to the hearing

d) Signed statements setting out the evidence of all witnesses on whom each party intends to rely shall be prepared and copies included in the documents mentioned at (a). This includes the evidence of the parties themselves and of any other witnesses whether or net the witnesses are going to come to court to give evidence.

e) The court must be informed immediately if the case is settled by agreement before the hearing date.


Well, I sent the copies of all the charges to the court useing the template i'd downloaded from the library at the time of the small claims track submission. Lets wait and see...