Thread: April7 V Abbey

Silly me, I allowed Abbey to dictate the timescale to resolve my complaint because their letters seemed so genuinely concerned to help. It took them only 8 weeks to send a standard fob off letter, to say their charges do not contravene the UTCCT 1999 or OFT, their charges are for the extra admin work involved,also they are unable to let me have a Breakdown of the true cost when calculating each item.
Well, I'm really really really annoyed, Abbey must be having a good old laugh, so I bit the bullet and have issued a claim, sent a copy of the schedule of charges to MCOL and Abbey, all this trouble for less than £500, If I were Abbey I would have coughed up the money a long time ago, now they'll have to pay me interest and court costs. He, who laughs last, laughs the longest.

Similar Threads:

• Abbey Victim V Abbey ***WON***
• Abbey Current Account & Abbey Credit Card
• Abbey claims vs Abbey Mortgage question.

Hi April17 - I've had the same sort of rubbish from Abbey (and others) regarding their charges, extra admin work etc etc, to which I've responded as follows -

' . . . .I calculate your costs as follows -

a) For automated charges, you could fairly charge me at most 5 seconds of computer time, which could fairly be charged at £120 per hour which cost includes hardware, software, set up, and operating costs. A fair charge would therefore be no more than 20 pence.

b) For charges where manual intervention is required, you could fairly charge me at most 5 minutes of a Clerk's time. The Clerk would be employed at approximately £6 per hour. Including 'on-costs' this figure would rise to no more than £10 per hour. You could therefore fairly charge me no more than 83 pence in these cases. . . . . . If you dispute these figures, please supply me with your own detailed calculations . . . .'

I intend to use this in Court Bundles for Abbey, cap one, & Lloyds, for all of which I'm helping others with claims. Please feel free to use it as well!

All the best with your claim - Adam.

Thanks Adam, I like your style of accounting.
My charges are for an account Abbey closed, it took me 18 months to clear and after all my hard slog they closed the account anyway.
I saw Martin Lewis on GMTV over a year ago, I kept saying I'm gonna do that,but didn't feel confident enough to take on the big boys.
I'm looking forward to Xmas shopping I think.

Hi April

I think we all felt a bit nervous at first, just stick with it, you set the pace and - if you need to you can get help, advice and inspiration from the vast experience of the people here.

Good Luck - although I've been told that Luck has nothing to do with it!

Hi April7 - You should have your money well before Christmas, although the beggars do everything they can to put you off!

Like you I saw ML a while ago now, which started me off! I'm blessed with a mind that takes fairly easily to matters financial and legal, and he got my interest going. His site seemed to over simplify the issue, but I then found GAG (through a link on ML's site), and started reading (and reading, and reading . . . . ) till I reached the point of feeling I could take 'em on with confidence, which I'm now doing for 3 people I know. If you're interested, the threads are 'Tish vs Abbey', 'Tish vs cap one', and 'JimmyBoy vs Lloyds'.

Stick with your claim, get it right (there's masses of help available here on CAG as I've discovered), and you're almost certain to get back whats rightfully yours. All the very best - Adam.

Dont feel bad I feel for the same trick with Abbey and like you I am going for it now - also just to make you feel even better they are not the only one trying it so are Woolwich once I sent in my letter claiming back their charges 3000+ they told me they are going to transfer my claim to Barclays to deal with due to the nature of my claim it has been escalated to head office!!!

Update. Nothing out of the ordinary happening to my claim.
Abbey have acknowledged and are defending, just waiting for their defence to arrive.
Can anyone tell me please, when should I start preparing the court bundle, there seems to be a lot of ink and paper required and I dont know if my old printer can handle it.
Also, do you think Abbey will drag this on to the court bundle stage for a relatively small amount.
Thanks
April

Update: Received Abbey's defence, word for word, identical to " mariejader v Abbey," so I'm not scared of the wording.
I'm waiting for the court to send me their copy of the defence and the aq. Any updated suggestions or advice as to how to answer section G when it arrives.
Thanks
April.

Thanks Adam, Got the situation in hand. Did you tweak Gary's template and what attachments did you send with the aq.
I'm getting married in August and every penny counts, dont want to make any mistakes at this stage.
Thanks
April

Can anyone please clarify I'm preparing for the arrival of the aq.
For the other info section (G) I'm attaching the Lincoln abuse order.quote,(Please find attached a copy of an order made by LincolnCounty court (attachment 1C) in at least 6 cases similar to my own, in which Abbey Plc were also the Defendant.)
The bank in question was Lloyds TSB. Not Abbey. I'm I missing something, Can I use this abuse order in my AQ even though they are different banks, my brain is dead, help me understand please.
Thanks
April

Hello
Can anyone help, I cant open the archive to view Abbeys T&C for 1998
Could someone please forward them to me. My damn PC needs archiving.
Thanks
April

Thanks for trying Adam re 1998 T/C.
Well I received today from Northampton the following:
Without hearing. It is ordered that:
The claim is being transferred to my local court,The judge filing of an alloction questionaire be dispenced with in this case etc.

Is this the time I send the following to my local court, if so which one?

a. Letter to court New strat for AQ.
or
b. The Claimant respectfully requests that an order may be made as follows;

1. That the Defence is struck out as an abuse of process, pursuant to rule 3.4(2) (b) of the Civil Procedure Rules.etc.

Should I also enclose at this stage, with the above:


1B) List of settled cases
1C) Text of order made by Lincoln county court
1D) Mullen -v- Hackney BC (1997)2 A11ER 906
2A) Draft Order for directions

Thanks
April.