Simon & Jo V Abbey

[spgoldy]

Hiya to all that are reading this.

W have just drafted our first data protection letter to Abbey and we're sending it off in the morning. We thought that we would start our thread from the very beginning and keep it up to date with the comings and goings. We have read a few of the other posts - makes us wonder what we are getting ourselves into!!

If there are any tips anybody could offer, then please feel free to pitch in!!

Regards.

Simon & Jo.

[spgoldy]

Just out of interest...... has Abbey become stroppy with anybody and withdrawn their banking services because of any intended action??? :-?

 

Thanks.

[spgoldy]

Hiya,

 

I haven't had any replies yet, so I thought I would put the question up again.

Has Abbey threatened anyone with withdrawal of their banking services?

I ask because we cannot really bank with anybody else (long story) and I just need to know before we 'dive in'. I have seen some correspondance on other threads that says 'don't worry, you can pay off the overdraft with what you win at court', but this doesn't help us!

 

Someone please help.............

[spgoldy]

Hiya all,

 

Finally got a new bank account sorted (only taken a few months....) we have sent our first letter off, I reckon that Abbey now owe us something in the region of £20,000 in charges!!

 

We shall see what happens in 40 days.

 

Regards.

 

Simon & Jo

[spgoldy]

Just another thing..... I have looked all over the place for the timetable that i should be sticking to. Does anybody have a link that I could use??

I'm all fired up now and brimming with confidence, now I have read the other threads!!!

[Michael Browne]

Timetable is set out in the step by step guide here:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

[spgoldy]

Thanks very much!!!!!

[spgoldy]

Hiya all,

 

We have received our staements back for the last 18 months - as the rest are held on microfiche 9ususal response). I am just drafting our preliminary letter and wondered if there was an example spreadsheet that anybody has??

We have moved banks and Abbey are now getting a right shirt on, stating that we have to pay back our overdraft immediately and send back all of my cheque books and cards! Should I ignore their request or enter into some dialogue to pay the money back - ie personal loan??

 

Thanks.

 

Simon.

[spgoldy]

Hey,

 

You'll never guess what. All of our microfiche records turned up today, dating right back to when we opened our account!!

 

I would say the game is now on!

 

Only thing, I have estimated my charges to be over £4100 for the 16 months. If I go back any further and try to reclaim further, does that make it harder for me to claim at the County Court??

 

I would appreciate some advice!

 

Regards.

[andtroy]

Hi Ya

 

If you go through the small claims track the maximum you can go for is 5k that excludes any charges and interest etc, I think.

 

If your claim is over the 5k then you could consider going for 2 smaller claims ( which is what I'm doing as SHabbey messed me around with the statements, no surprise there :grin: ).

 

I think also ( hopefully someone will correct me if I'm wrong ) but you can go through the court sysytem with a larger amount hopefully someone will post with more details.

 

Also whatever you do make sure you keep a copy of everything you send, and send it recoreded delivery. I've kept everything in a committed folder with all the letters and the little orenge slip stapled to the letter.

 

Hope this Helps

 

Andy

[spgoldy]

Hi all.

 

I have put together my claim and sent my LBA on 21st November.

Abbey have now suspended my account and are lodging a default because they want £3600 back from me. They were very suprised when I told them that we would sort it at the courts!!! All I want is for them to write the debt off.!!

Will let you know what happens.

Simon.

[spgoldy]

Hi all,

 

Just a quick update from us.

 

I calculated our bank charges over the past 18 months to be £4518.91 in total. I compiled the spreadsheet and sent it off, expecting a lengthy battle.

 

A reply came on 7th December, stating that the charges were not unfair and that the OFT ruling only relates to credit cards and not bank charges, so therefore, the bank charges still applied. They did offer £1800.00 as a goodwill gesture - a large sum really, compared to that offered to some.

 

This week, I have had a letter from Abbey's debt management and recovery services to get £1900 from me. Of course, I mentioned that I was taking court action so they said I was being unreasonable and have passed the account back for them to take court action.

 

I am preparing my court papers tonight for the adittional £2700 (ish) as it has now been some 6 weeks at least since i last heard from them.

 

Please feel free to offer any suggestions.

 

Simon.

[Michael Browne]

I am preparing my court papers tonight for the adittional £2700 (ish) as it has now been some 6 weeks at least since i last heard from them.

 

 

Have they actually paid you the £1800? If not you should file for the full amount

[spgoldy]

Hi,

 

Yes, I have the letter that they have refunded £1800 and I have a statement to prove they have done so - I take it that this is relatively unheard of?

[Michael Browne]

I take it that this is relatively unheard of?

No, they often make GOGW (although not usually that high) and I just wanted to make sure they'd paid it, rather than you taking their word for it, before filing a claim for the lower amount.

[spgoldy]

Hi again.

 

I am online at www.moneyclaim.gov.uk and I am at the prticulars of claim field. Only problem is that I can only put 1080 charachters in and the template is 1900 odd characters - I can't get in the information that I want to!!!

 

Does anybody have a draft template with 1080 characters that I could use please (or offer any good advice on how to slim down the original)??

 

Thanks very much.

 

Simon.

[Mad Nick]

Simon & Jo, ........ or do it by post or by hand at a County Court. If you use MCOL, you'll only have to post your schedule of charges to MCOL @ Northampton to get it joined up with your e-claim via MCOL. Regards, Mad Nick.

[spgoldy]

Thanks very much for that!! - I opted in the end to still use MCOL and I found a scaled down version:-

 

Claimant has account (A/C No) with Defendant from (Date)conducted on their standard terms and conditions. Claimant is claiming the return of money taken by Defendant in charges over 6 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date) to (Date) of (£0.00) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00).

 

It's now in the hands of the courts. I would appreciate any further advice as to what happens next and what I should expect from Abbey.

 

Regards.

 

Simon.

[spgoldy]

Hi all,

 

I lodged my information with MCOL and waited for a response from Abbey.

I have had an acknowledgement of the claim, stating that Abbey are intending to defend all of the claim...... signed by a james Arrandale (stating he is a solicitor working on behalf of Abbey).

 

I imagine that they are now claiming 28 days to enter a defence.

 

What should I be doing now?? and do I need to start worrying?:idea:

 

Thanks in anticipation.

 

Simon.

[spgoldy]

Dear all,

 

I have received an acknowledgement of service from MCOL. Abbey have stated that they intend to dispute all of the claim and I imagine that they will wait 28 days before filing the particulars of the defence. The acknowledgement was signed by a James Arrandale (Abbey solicitor).

 

What do I need to do now? Just sit and wait for them to file their defence??

 

Is this just scare tactics??

 

I would really appreciate some advice!!!!

 

Regards.

[spgoldy]

Just one other thing - my wife is really concerned that we will be really stung badly if all goes pear shaped and Abbey win the case.

 

Would we be stung for lots of costs etc??

 

has anybody lost a case against a bank?? what were the financial costs??

 

Cheers.

 

Simon.

[Mad Nick]

Simon, Oh ye of little faith. As far I can tell, Abbey always settle at some point between you filing your Court claim and the Court date. Doesn't mean they will in the future, but there we are. But suppose they actually defended in Court (LOL), and suppose you lost (can't see how, though, but just suppose), Small Claims would be extremely unlikely to result in costs against an individual (unless they took the p**s out the Court system). Fast Track (generally claims >£5K but not a hard limit) is costs against limited to £750 (again unless the claimant took the p**s). Regards, Mad Nick

[spgoldy]

Hi again.

 

What a state of affairs. two things:-

 

1) When I had my account closed by Abbey, there was a balance of £1900 on it - my overdraft, which they wanted to be paid there and then. I have told them that I was prepared to pay it at £50 a month - even though they owe me just under £3000!!! They refused this, saying that I should pay £100 per month. When I said that I wasn't prepared to pay this, they put the phone down on me......

Yesterday, I had a rude phone call, telling me if I didn't pay the balance within 7 days, I would be taken to court for recovery of the money......??

 

2) On the same day, I have received a letter from a Marc Winder who says his team are going to re-investigate my claim but this will take four weeks........

 

3) And another letter from Triton Square, stating they are lodging their defence and that they don't have a copy of the spreadsheet that I sent twice..... They also want my e-mail address and my mobile number......

 

So, is this bully boy tactics?? do I worry about the final demand for payment??

 

I'd really love some good advice as I don't want a CCJ against me - I did tell them I was taking Abbey to court but they are not interested at all. All that was said was "What is your debit card number so you can pay now.........".

 

Look forward to a reply!

 

Simon.

[charleyfarley]

Hi Simon,

 

There's a template in the file for accounts in dispute, so I would send them that, and maybe agree a 2-5% repayment on your o/d until your claim is settled.

 

As for the request for contact details it seems to be standard prcatice but most of the posters on here opt for just the e-mail. I am just about to file my claim against them for a similar amount and I've had a GOGW for a similar amount as well, and I've had the Marc Winder letter too!!

 

The solicitor you mentioned in an earlier post (James Arrandale) seems to be the man who is in a position to make the settlement decisions, so he's the man to keep sweet.

[Michael Browne]

Send them this:

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

Re: Account in dispute

 

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account. These charges are the subject of a claim (No XXX) in the County Court.

 

I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Yours sincerely,

 

 

And another letter from Triton Square, stating they are lodging their defence and that they don't have a copy of the spreadsheet that I sent twice.....

Yes, but not to Abbey's legal dept who are now dealing with your claim. Just send them another.

 

They also want my e-mail address and my mobile number......

 

Tough!!