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Only just found this site and hoping it'll help. We're claiming just over £2000 from Abbey for the period Jan 01 - Jul 02. We've received a notice of issue from the court, followed by a letter from Abbey including an offer for half of our claim plus a copy of the defence that they say they have filed with the Court. The court deadline for filing the defence is Monday 5 March. Can anyone help with our next action. Should we respond to the offer from Abbey? Should we tell the court about the offer? Should we check with the court that the defence has been filed? We've no intention of accepting the offer from Abbey!
Having posted this I see a number of other threads that have been posted either today or yesterday where people are in the same position... so I'll be following those threads
Then finally, have a look around the forum and read lots of threads, you will find lots of people have been exactly where you are, and have won, which leads me onto this
I am sorry I am a bit ignorant on legal form and issues.
What I have received is a form called n9cpc on which appears the name of the Abbey's solicitor and it has a box ticked which reads "I intend to defende all o this claim".
Am I right to think that this is just the acknowledgment by Abbey legal department of the claim I have filed ???? And that the 28 days time frame for a successfull or not , as the case maybe, claim starts ticking from the date on that n9cpc ?
I have called Money Claim Online and received clarifications.
This form is the acknowledgement by the defendant (Abbey) of the claim I had filed .
The clock started thicking the daty the claim was served to them (14th Fbr) and they have till the 14th Mar to come up with a defence (a justification for not paying) or lose the claim.
MOL have advised me to send them and Abbey a schedule o the charges that I am claiming back (good thing I remember! By filing on line there was no way I could have attached the schedule of fees so be warned all those who file on line ! ).
can i just clear this up nino... ihave aknowledgement 2day of my claim by Abbey... i filed online and all i have stated for my claim is what i am claiming... does that mean i have to send a full break down of charges ( which i ahve on disc) to the courts of my own back or will they ask for it?? also abbey have had this off me twice so is it worth sending it to them again???
adam,
i found through this site an exel spreadsheet where i have put the fees applied by Abbey, their dates and the interest calculated from those dates. This gives back a total (which is running and changing till the settlement date) that should be claimed in addition to the illegal charges applied by Abbey.
At least this is my understanding. This is the spreadsheet that I have today sent MOL with copy Abbey.
I wont be available to reply re this subject for a week as I am goin away.
thx.. i have all the charges done when i sent in my original letter to the bank.... Breakdown of all charges, with dates and intrest apllied... over 230 charges... just wondered what made u send them to the courts... would they not ask u to send a more detail account of ur claim or is that upto u to do... or is that when the aq comes in.. should hopefully recieve that soon as the Abbey have less then 24 days...
Yesterday we received another copy of the Abbey defence slightly different from first copy in that they have removed the following clause
"10. The defendant denies that the claimant is entitled to claim for any charges alleged to have been incurred prior to 29 January 2001 by virtued of section 5 of the limitation act 1980"
As we hadn't claimed for any charges prior to this date this clause was irrelevant anyway. The covering letter that came with the copy of the defence again offered to settle at 50% of the claim, this figure was less than the original letter because abbey appear not to have included the court charges. I've sent a reply to Abbey declining both offers and referring them to my original letter asking for repayment of all charges in full. Should I let the court know of the offer and my refusal?
Also, my claim has not included any amount for interest (before finding this site I wasn't aware I could have claimed). Is it now too late to do anything about this?
Should I let the court know of the offer and my refusal?
No need
Also, my claim has not included any amount for interest (before finding this site I wasn't aware I could have claimed). Is it now too late to do anything about this?
For whatever reason Abbey are not relying on the limitations act to remove charges odler than six years, or at leasth they did the same on my claim.
there is an alternative defence called 'doctrine of laches' but it would be unusual imho to argue on one when there is the potential to use the liitatiosn act as well.
i reckon they realise that they are stuffed when it comes to limitatins act/laches and have stopped trying to use it on the offchance they get a judgemwent awarded against them on this issue.
And i agree with Mr Brown on the amendment issue too
JMHO
Glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
Us v Abbey - Defence received
for the period Jan 01 - Jul 02. We've received a notice of issue from the court, followed by a letter from Abbey including an offer for half of our claim plus a copy of the defence that they say they have filed with the Court. The court deadline for filing the defence is Monday 5 March. Can anyone help with our next action. Should we respond to the offer from Abbey? Should we tell the court about the offer? Should we check with the court that the defence has been filed? We've no intention of accepting the offer from Abbey!
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