Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Well, wrote off to Abbey early February and only just got a response back from the abbey asking me to pay £10 for the info (i beleive this is correct). However they said the response was dated from the 2nd March but only posted in April.
So, going to pay the £10 for the statement of transactions and see what happens then.
Addition : jsut been reading some other threads, the letter I received from abbey gave me the option to take the £10 out of my bank account (which is what I chose) and faxed back the request. So now do i have to wait 40 days for them to send me the statements?
Things are going quite well now, have received all the bank statements I require (Calm before the storm I think.
Anyhoo, I have filled in the spreadsheet. Couple of questions
Does anyone recommend claiming the 8% interest?
Should I send Abbey a printout of the spreadsheet or just put the total amount in the money claim letter?
From what I've read in the FAQ's, at this stage you ask just for the money shAbbey have deducted unfairly - including interest deductions if they are for unauthorised overdrafts caused by the deductions (although there is some debate about claiming the interest charged, it appears to be personal preference).
The 8% interest calculated on the spreadsheet is only added if you have to escalate your claim to court proceedings.
If money is the route of all evil, I must be a Saint
Sent off the letter special delivery which they have definatly received today. So now just waiting for a response, probably that I must take them to court. Will keep you posted. Claiming for £1250
You only claim the 8% interest when you put a court claim in.
"Having received your statements and calculated your charges plus interest which you may have been charged on them if you were in overdraft at the time, enter the charges into the spreadsheet which is also provided in the Library section of the www.BankActionGroup.com forum. This will provide you with a total which you can claim from your bank.
If you have to issue a court claim, the spreadsheet will also calculate interest at 8% as allowed by s.64 the County Courts Act (1984) and which you will add to your claim at that point. NOTE: you do not claim the 8% unless you put in a court claim."
Jamloo
_________________________ _________________________ Abbey - Data Protection Act Disclosure Request Sent 03/04/2006 - 40 day limit was 13th May.
9th June 2003 to 9th April 2004 Statements We Have - Total Charges = £1,420.00 :o
18th February 2005 to 18th March 2006 Statements Received - Total Charges = £3,177.00 :o Still awaiting remaining statements. (as of 25th June) Request for Repayment Letter Sent Recorded Delivery 02/06/2006 - 14 day limit is 16th June. Requesting £4,597.00
Letter Before Action Sent Recorded Delivery 22/06/2006 - 14 day limit is 6th July. Requesting £4,597.00
Capital One (Part 1) -
Request for Repayment Letter Sent Recorded Delivery 26/06/2006 - 14 day limit is 10th July. Requesting £359.22
Letter Before Action Sent Recorded Delivery 24/07/2006 - 14 day limit is 7th August. Requesting £359.22
The Abbey have until this friday to pay up (26/05/06) otherwise small claims court it is. What if I do not hear from them by this date with a yes or no answer? Do I start the proceedings anyway?
Have you sent off the 2nd letter (The letter before action?) - If not this is the 2nd step. If you have sent this, then either go to moneyclaim's website of pop down to your local county court
Abbey - owed £3260 - Paid up.
Barclays owed £2500 - Paid up.
Halifax, Mint & Egg - next on the hit list
Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!
Reading your thread, it looks like you are still at the first stage, the DPA request. If you haven't received your account data back from shABBEY, then write them a second letter, asking for the information immediately, and tell them you will refer them to the Information Commissioner if you haven't received it within 7 days.
If you get your account statements through, work out what you are owed and send the 1st letter before action from the templates section (excluding the 8%, that bit comes later)
If you don't get the information, then write a complaint to the IC (I'm not sure if there is a template or not) informing him of Abbey's non-compliance with a DPA, and you can also start a small claims action to get hold of the data. More information is available in the FAQ's section.
If money is the route of all evil, I must be a Saint
Yes I had sent the letter before action with a Breakdown of transactions (exluding the 8% interest) 14 days ago. I have not received a reply from them so
Is it now I go to the small claims court?
BTW on their telephone banking system there is an option for "About the OFT announcement". Abbey are still saying that the bank charges are fair and that they can be avoided and that they have no further comment to make whilst they dispute/resolve the OFT announcment
You are entitled to start proceedings AFTER today as you gave them up until today to pay you.
The choice is yours whether you do this through Moneyclaim Online, or downloading the forms and taking them into your local county court.
I have seen Abbey use an excuse that they do not know the Breakdown of the costs (usually as there isn't room on the MOL form to detail it all) despite the fact they have all our records and it was them that debit them in the first place!!
So, i would see this as a good reason to download the forms and then you can as long as you can fit it in the box, you can put whatever information you like (there is a template in the FAQ section) and include the charge breakdown if you like. But this is just my opinion.
I have reveived a letter saying that they need 4 weeks to look into my complaint. 2 days later another letter says they are sorry that has taken 8 weeks since my initial letter to them to look into my complaint. Maybe because I found out that they froze my bank account claiming I was not living at my address (wondered why i was not getting any responses from them).
Sod them. Claiming for £1200, moved all of my money to a new bank account. Going to proceed with court.
Received a letter from Abbey's lawyers. They are requesting (as one of the posts said they would) requesting a list of transactions. SO I have now sent them and the courts a copy of the transactions.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
hi, well sorry for the dissapearance. been working away. anyhoo, abeey wrote offering me 50% of what i am claiming. Before i could get a chance to refuse this i received a court questionnaire and Abbey have filed their defense. i have until 8th August to send my questionnaire back to the courts.
Any advise on what I should do? Also I havent hit the start link on the moneyclaim website yet?
From what I see of other peoples actions, refuse the 50% however, say that you will accept 100% before the 8th or you submit your questionnaire, dont let them make you sign any confidentiality agreement and make sure the wording states that it is in Full and final settlement of THIS claim (that way if you ever need to claim again, you can)
Of course, you can settle for the 50% if you like, but it is your money and you should have it all back
Best of Luck
Lula
Lula v Abbey - Settled Lula v Abbey (2) - Settled Lula v Abbey (3) - Stayed
hi, well sorry for the dissapearance. been working away. anyhoo, abeey wrote offering me 50% of what i am claiming. Before i could get a chance to refuse this i received a court questionnaire and Abbey have filed their defense. i have until 8th August to send my questionnaire back to the courts.
Any advise on what I should do? Also I havent hit the start link on the moneyclaim website yet?
any comments appreciated
Does this mean that you didn't realise the court case had started?
Have you received other papers from the court previous to these?
..
.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
The last date of filing the questionnaire is Monday coming. I received a letter from abbeys solicitors saying they have files they are about to file theirs as well, and their first offer (50%) is still available. What is likely to happen now? Will it go to court?
Likely to happen is you'll hang about waiting for the judge to look at your case and give and order or a hearing date, then hang about a bit more, and Abbey will offer to settle at the last possible moment.
If they have sent a second 50% offer you could negotiate if you wanted a quick conclusion, like let them off the interest, or £1 per charge, or something like that. But only if you want to attempt a faster settlement. (a 100% offer could come at any time)
Recieved DPA Authorisation request
early February and only just got a response back from the abbey asking me to pay £10 for the info (i beleive this is correct). However they said the response was dated from the 2nd March but only posted in April.
Reply With Quote
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(as of 25th June)
Respond from Letter before Action
Originally Posted by xynerate
