Abbey Letter Sent

[jannercobbler]

What a great Forum, I had always thought the charges were excessive, this forum has proved It.

 

I have now sent my letter to Abbey requesting a refund of ALL charges on 16/2/06 by Special delivery. (wanted to ensure they got it).

 

Don't know how much they owe me so have gone Data Protection Act route also.

 

Now awaiting a reply, will update as and when things happen.

 

 

Only found this site through stevens article in the Plymouth Evening Herald. Many Thanks for bringing it to peoples attentions.

[jannercobbler]

Parachute account hopefully now set up, Just in case "Gr abbey" get nasty.

 

No response to my letter yet sent on the 16th, will give them till Monday to respond.

[jannercobbler]

Parachute account hopefully now set up, Just in case "Gr abbey" get nasty.

 

No response to my letter yet sent on the 16th, will give them till Monday to respond.

[jannercobbler]

Received the following letter from 'Gr Abbey'

 

Customer Satisfaction Centre Abbey

PO Box 5129

Milton Keynes

MK92YN

Telephone: 08456006014 Facsimile: 0845600 1378 Minicom: 0845 600 1344

 

22 February 2006 Our Ref: xxxxxxxx

 

Dear Mr Jannercobbler

 

Thanks for contacting us and I'm sorry that you've been so unhappy that you've felt you must complain.

 

One of my team will be responsible for investigating your complaint and I've enclosed our Customer Satisfaction leaflet, which explains our procedure for doing this. High quality customer service is of great importance to us at Abbey and we'll do everything we can to resolve your complaint in a timely and satisfactory manner.

 

I know it's important to you that we resolve your complaint quickly, but we want to do a thorough investigation and sometimes this can take time. If we haven't contacted you before then, we'll write to you in four weeks to let you know what's happening.

 

Although I don't know what the outcome will be, I do hope that we'll be able to find a solution that you're happy with.

 

Yours sincerely

 

 

Dawn Hoyle

Head of Customer Satisfaction Centre

 

 

The Enclosed Customer Satisfaction Leaflet is a badly photocopied piece of paper that states.

 

We are serious about customer satisfaction -if you have a problem, we're here to help

 

We can help

 

At Abbey we want to provide a top class customer service, however sometimes we make mistakes.

This leaflet tells you how to make a complaint and the steps Abbey will take to resolve it.

 

Our promise to you

 

We will investigate your complaint thoroughly and fairly and will keep you fully informed of our progress.

 

How to contact us

 

Please call our team at the Customer Satisfaction Centre on 08456006014. Lines are open from 8.30am to 5.30pm Monday to Friday and from 9am to 1pm Saturday, or please write to:

 

Customer Satisfaction Centre Abbey

PO Box 5129

Milton Keynes

M K9 2YN

 

We'll let you know within 5 working days that we've received your complaint and will try our very best to deal with it within 4 weeks. If we need a need a bit more time, we will make sure the Company's Final response is sent to you within 8 weeks of receiving your original complaint.

 

Next steps

 

In the unlikely event that Abbey has been unable to fully resolve your complaint or hasn't sent you a final response after 8 weeks from receipt of your complaint, you can write to the Financial Ombudsman, whose address is:

 

Financial Ombudsman Service South Quay Plaza

183 Marsh Wall

London E14 9SR

 

However, the Financial Ombudsman is unable to deal with your complaint unless you've first given us the chance to put things right.

 

We have made our complaints procedure simple to follow, so that you should not have to use a solicitor or seek professional help, If you choose to do this, you will be responsible for the costs.

 

At the moment i'm waiting for statements to arrive so that I can see how much they owe me, and then i'll send them a nice letter before action.

[Guest stephen]

sweet

 

that the same letter I had when I started.

[dt3000]

I just got the same letter a few days ago.....and it wasn't signed in ink...it's just an automated letter from the Customer DiSatisfaction Centre

[jannercobbler]

ok enough is enough.

 

I have given Shabbey more than enough time to refund the charges on my account.

 

I Have sent them DPA requests, Letter and LBA, I have received account information from 11/1999 - 09/2004 and then it stops?????

 

I have totalled the amount including the few statements i still have from the last few months, and it's over £3500

 

Question.

 

Can I add an estimate for the missing months as I know I have been charged within these months? (I have a letter stating that I have had charges applied every month since 09/2005 but don't have the details).

 

OR

 

Do I sue for the current amount and then ask for the missing months? (which I have asked for on several occasions).

 

I am ready to submit my claim to court tomorrow for the current amount.

 

I have also received a letter from Shabby stating that unless I contact them to discuss repayment of my account then further action will be started. I wonder what that will be? Could this be classed as harassment. I'm also receiving calls from them, and they get upset when I won't confirm my details as I can't be certain that they are who they say they are.

 

Any help is welcome.

[jannercobbler]

Just received this letter from DLA Piper Rudnick Gray Cary today.

 

Dear Sir

PLYMOUTH COUNTY COURT - CLAIM NO 6PL02289

I act for Abbey National plc in this matter. Please note that any further correspondence should be addressed to me at this office.

We are in the process of reviewing this claim and preparing the Bank's response. A defence will be filed in due course.

In the meantime, I note that you have claimed the sum of £3055.54 in respect of charges that you say have been made on your Abbey account, but have provided no details as to how this sum has been calculated.

As you will appreciate, you will need to produce evidence to the Court of the amount and this information should have been supplied by you when you filed your claim. We should be grateful if you would provide such details to us as soon as possible.

We should add that if you have any doubts or concerns regarding your legal position, you should consult a solicitor or Citizen's Advice Bureau.

Yours faithfully

 

DLA PIPER RUDNICK GRAY CARY UK LLP

 

 

The information they request was given to the court when I filed the papers. Is this a new stalling tatic????

 

Should I send them a duplicate copy? or tell them to contact the court?

[Seminole]

Just ignore them. It's a delaying tactic. If you supplied it to the court when you submitted your claim that will suffice.

[jannercobbler]

They must have a whole department dealing with this. My letter was from a Laura Gordon.

 

I'm thinking of responding with something along the following lines.

 

DLA Piper Rudnick Gray Cary UK LLP

Princes Exchange,

Princes Square,

LEEDS,

LS1 4BY xxth June 2006

 

Dear Miss Gordon

 

Your ref: xxxxxx/xxxxxx/xxxxxxx/xxxxxxx.x

 

Further to your letter dated XXst June 2006. You have correctly stated that Claimants are required to file evidence of any claim to the courts when issuing papers.

 

Therefore I am surprised to note that XXXXXXXX County Court has not furnished you with a copy of this evidence, especially when I was requested by the court to provide two copies of the said evidence to the court so that they may provide a copy to yourselves, and that they may also keep a copy on file.

 

Should you have not received this information, then perhaps you would like to remonstrate with the court on this matter.

 

I will be contacting XXXXXXXXX County Court at the earliest convenience to discuss this matter with them.

 

I will as a matter of course, have the necessary information with me when we attend court on this matter, and as stated previously the Court also holds this information.

 

I am sure that you will also have the necessary information with you as to the actual costs incurred by Abbey National in respect of dealing with transactions, etc. This information will also need to be provided by you to the court enclosed with your defence statement, which you have stated in your letter as 'currently being prepared'. I would be grateful if you could forward a copy of this information to me at your earliest convenience, therefore allowing me time to analyse the information you wish to present and to assist me further in preparing my defence prior to the court hearing.

 

I would like to remind you that I am currently pursuing £XXXX.XX as stated in your letter, I am also pursuing Interest pursuant to section 69 County Courts Act, which is currently 8% and all associated court costs and complete removal of ALL default notices entered against me.

 

Should you wish to conclude this matter prior to a court hearing please remit the sum of £XXXX.XX (this sum is correct as at today’s date), please note that Cheques should be made payable to XXXXXXXX

 

Yours faithfully,

 

JC

 

any additions/omissions would be gatefully acknowledged also any legal arguments, ie. disclosure rules etc would be helpful to send within this letter.

[jannercobbler]

I'm thinking of responding with something along the following lines.

 

DLA Piper Rudnick Gray Cary UK LLP

Princes Exchange,

Princes Square,

LEEDS,

LS1 4BY xxth June 2006

 

Dear Miss Gordon

 

Your ref: xxxxxx/xxxxxx/xxxxxxx/xxxxxxx.x

 

Further to your letter dated XXst June 2006. You have correctly stated that Claimants are required to file evidence of any claim to the courts when issuing papers.

 

Therefore I am surprised to note that XXXXXXXX County Court has not furnished you with a copy of this evidence, especially when I was requested by the court to provide two copies of the said evidence to the court so that they may provide a copy to yourselves, and that they may also keep a copy on file.

 

Should you have not received this information, then perhaps you would like to remonstrate with the court on this matter.

 

I will be contacting XXXXXXXXX County Court at the earliest convenience to discuss this matter with them.

 

I will as a matter of course, have the necessary information with me when we attend court on this matter, and as stated previously the Court also holds this information.

 

I am sure that you will also have the necessary information with you as to the actual costs incurred by Abbey National in respect of dealing with transactions, etc. This information will also need to be provided by you to the court enclosed with your defence statement, which you have stated in your letter as 'currently being prepared'. I would be grateful if you could forward a copy of this information to me at your earliest convenience, therefore allowing me time to analyse the information you wish to present and to assist me further in preparing my defence prior to the court hearing.

 

I would like to remind you that I am currently pursuing £XXXX.XX as stated in your letter, I am also pursuing Interest pursuant to section 69 County Courts Act, which is currently 8% and all associated court costs and complete removal of ALL default notices entered against me.

 

Should you wish to conclude this matter prior to a court hearing please remit the sum of £XXXX.XX (this sum is correct as at today’s date), please note that Cheques should be made payable to XXXXXXXX

 

Yours faithfully,

 

JC

 

any additions/omissions would be gatefully acknowledged also any legal arguments, ie. disclosure rules etc would be helpful to send within this letter.

[jannercobbler]

They must have a whole department dealing with this. My letter was from a Laura Gordon.

 

I'm thinking of responding with something along the following lines.

 

DLA Piper Rudnick Gray Cary UK LLP

Princes Exchange,

Princes Square,

LEEDS,

LS1 4BY xxth June 2006

 

Dear Miss Gordon

 

Your ref: xxxxxx/xxxxxx/xxxxxxx/xxxxxxx.x

 

Further to your letter dated XXst June 2006. You have correctly stated that Claimants are required to file evidence of any claim to the courts when issuing papers.

 

Therefore I am surprised to note that XXXXXXXX County Court has not furnished you with a copy of this evidence, especially when I was requested by the court to provide two copies of the said evidence to the court so that they may provide a copy to yourselves, and that they may also keep a copy on file.

 

Should you have not received this information, then perhaps you would like to remonstrate with the court on this matter.

 

I will be contacting XXXXXXXXX County Court at the earliest convenience to discuss this matter with them.

 

I will as a matter of course, have the necessary information with me when we attend court on this matter, and as stated previously the Court also holds this information.

 

I am sure that you will also have the necessary information with you as to the actual costs incurred by Abbey National in respect of dealing with transactions, etc. This information will also need to be provided by you to the court enclosed with your defence statement, which you have stated in your letter as 'currently being prepared'. I would be grateful if you could forward a copy of this information to me at your earliest convenience, therefore allowing me time to analyse the information you wish to present and to assist me further in preparing my defence prior to the court hearing.

 

I would like to remind you that I am currently pursuing £XXXX.XX as stated in your letter, I am also pursuing Interest pursuant to section 69 County Courts Act, which is currently 8% and all associated court costs and complete removal of ALL default notices entered against me.

 

Should you wish to conclude this matter prior to a court hearing please remit the sum of £XXXX.XX (this sum is correct as at today’s date), please note that Cheques should be made payable to XXXXXXXX

 

Yours faithfully,

 

JC

any additions/omissions would be gatefully acknowledged also any legal arguments, ie. disclosure rules etc would be helpful to send within this letter.

[jannercobbler]

Received this letter on 5th July 2006 from sh Abbeys Solicitors.

 

WITHOUT PREJUDICE

 

Dear Sir

 

PLYMOUTH COUNTY COURT - CLAIM NO 6PL02289

 

We enclose a copy of the Defence that we have filed with the Court on behalf of Abbey National plc.

 

The next stage in the process will normally be for the Court to send to both of us an Allocation Questionnaire, which asks for certain information relating to the case before it proceeds to trial. However, we are writing to you (on a "Without Prejudice" basis) to find out whether you would be prepared to agree a settlement of your claim now in order to avoid having to file the Allocation Questionnaire, bring the matter to a close and also limit any further expense for either of us.

 

You will have seen from the Defence that Abbey takes issue with your claim on a number of points. For the purpose of this letter, though, we should like to mention in particular that your claim seems to be based on an argument that you should not pay any charges at all. We would, however, ask you to consider that it cannot be correct that Abbey cannot charge anything at all. Even if it is correct (which is not accepted) that the charges are greater than Abbey's actual loss, Abbey would be entitled to charge something.

 

Taking into account this and Abbey's Defence generally, our proposal to you is as follows: Your total claim is for the refund of £3,055.54 in charges, plus interest of £654.76 and Court fees of £120. We would suggest that (for the purposes of this letter only) as a matter of goodwill, Abbey reduce the figure for the charges by 50%, giving a new total of £1,527.77. In addition, if this can be agreed, Abbey would pay you £327.38 for interest and refund your Court fee of £120, making a total of £1,975.15.

 

We hope that you will regard this as a reasonable offer in the circumstances and a genuine attempt to reach an amicable settlement of your claim.

In conclusion, therefore, we are offering to you the sum of £1,975.15 in full and final settlement of your claim, but of course without any admission of legal liability by Abbey National pic. If you are prepared to agree this, please confirm this to me in writing by signing and returning the additional copy of this letter and we shall then arrange for a cheque for this amount to be issued and paid into your Abbey account. Alternatively, you are welcome to reply to us by email (using the email address at the bottom of this letter) if that would be more convenient for you.

Also, as you will appreciate, if we can reach agreement there will be no need for either of us to file the Allocation Questionnaire.

We should add that if you have any doubts or concerns regarding your legal position, you should consult a solicitor or Citizen's Advice Bureau.

We look forward to hearing from you.

Yours faithfully

 

 

DLA PIPER RUDNICK GRAY CARY UKLLP

 

[email protected]

 

I accept the offer on the terms as set out in the above letter as full and final settlement

of the Court claim referred to in the heading of the letter and confirm that as soon as

payment has been made I will write to the Court and withdraw the claim.

Date:

Signed:

 

Defence to follow.

[jannercobbler]

Abbeys Defence is this.

 

 

ABBEY NATIONAL PLC Defendant

 

DEFENCE

 

1. Save as is specifically admitted in this Defence, the Defendant denies each and every allegation set out in the Particulars of Claim.

 

2. It is admitted that the Claimant has a current bank account with the Defendant.

 

3. At all times the Account has been subject to the applicable terms and conditions ("Conditions"), which form part of the contract between the Claimant and the Defendant and to which the Claimant agreed when he opened the Account. The Defendant will refer at trial to the full Conditions but for the purposes of this Defence will refer to the following extracts:

 

(1) "You can apply for an overdraft on your Account. If we give you an overdraft we will tell you your limit and the interest rate applicable."

 

(2) "An unauthorised overdraft occurs if without our agreement you overdraw your Account or exceed the limit of an overdraft which we have agreed."

 

(3) "If you have an unauthorised overdraft, you will be charged fees as set out in our Tariff of Charges or specified to you and these may include fees for transactions we are unable to process due to lack of available funds in your Account."

 

4. Throughout the period that he has had the Account, the Claimant received a number of copies of the Conditions and of the said Tariff of Charges as they were amended and updated (though there has been no material amendment to the Conditions extracted in paragraphs 3(1), (2) and (3)

above).

 

5. Any overdraft facility on the Account was (and is) subject to the Conditions.

 

6. The Claimant has overdrawn or exceeded authorised overdraft limits on the Account on a number of separate occasions, full details of which will be provided on disclosure. Therefore by virtue of the Conditions referred to in paragraph 3 above such overdrawing was unauthorised and in breach of contract and the Claimant became liable to pay fees to the Defendant in accordance with its Tariff of Charges applicable at the relevant time. In accordance with the Conditions, such fees were debited to the Account.

 

7. In view of the facts and matters referred to in paragraphs 3, 4, 5 and 6 above, the Defendant denies that the amount claimed or any amount was unlawfully debited to the Account and the Claimant's claim for the repayment of that amount is therefore denied.

 

8. The Claimant's contention that the said fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportionate to the Defendant's administrative expenses incurred due to the Claimant's breach of contract and are a genuine pre-estimate of the damage suffered by the Defendant.

 

9. Further or in the alternative, even if the said fees are not proportionate to the Defendant's administrative expenses incurred (which is denied), the Claimant remains liable to pay such fees as may be found to be proportionate and the Claimant is not entitled to claim repayment of the full amount of each charge made to the Account.

 

10. No admissions are made as to the amounts claimed by the Claimant and the Claimant is put to strict proof of the same.

Dated this 4 day of July 2006

 

The Defendant believes that the facts stated in this defence are true.

 

I am duly authorised by the Defendant to sign this statement.

 

Full name ANDREW WILSON HORTON

 

of DLA_PIPER RUDNICK GRAYCARY UK LLP

 

signed [this part was signed] position or office held ASSOCIATE

 

Defendant's solicitors

[jannercobbler]

This is my polite email in response to the offer of 50%

 

 

Dear Miss Gordon

 

Re: Claim Number: 6PL02289

 

I confirm receipt of your defence to my claim against your client, Abbey National Plc. With reference to your letter dated 3rd July 2006 offering 50% of the balance making a total of £1,975.15.

 

I am willing to accept your Clients offer of 50% payment.

 

However as I believe this is still not reflective of their true costs, I will continue with my claim for the remaining £1,527.77 plus current interest of £327.38.

 

Please also be aware that interest is being added at the rate of 8% per annum on the charges which I am entitled to claim under section 69 County Courts Act 1984.

 

Whilst you have indicated that your Client will pay this offer into my Abbey Account. This is not acceptable as your client no longer permits me access to this account. Therefore I will only accept a cheque.

 

Whilst I am fully prepared to pursue this matter to fruition via the Courts, I do believe it is in all of our interests if we can bring this matter to a conclusion by negotiating a suitably acceptable resolution.

 

I am prepared to accept settlement of this claim providing your client is prepared to pay 100% of the claim, plus interest and costs, your client is also required to remove ALL default entries, and payment is to be made to me in the form of a cheque by 15th July 2006.

 

Yours faithfully

 

 

 

I have also now received the allocation questionaire from the court, so things are moving along now, I have filled the questionaire in and it has to be back with the court by the 24/7/06 so am just waiting to see what happens but IT WILL BE THERE ON TIME.

[jannercobbler]

Allocation Questionaire Due to be filed By 24/7/06 (DLA Piper etc. if your reading this thats Monday/Today) I filed mine on Fri 21/7/06 at 1555hrs. (thats another £100 to add to the balance).

[jannercobbler]

Heard from the courts today that Abbey (DLA Piper) have submitted their allocation questionaire and that the files will be placed in front of the judge now for his considerations.

 

So the final hurdle is approaching, Shall we open the betting on when they finally cave in?

 

Also got a call from Abbey today stating that they are in the process of closing my account and are about to send the debt (O/D) out to a debt collection agency. Informed them that I was taking them to court, they stated that they had no details on this and how was i intending to repay the money. Informed them that when I get the judgement against them then the balliffs would be instructed, and that they may like to speak to their solicitors about the matter, The woman called back about 10 mins later and stated that they had spoken to their complaints team manager and that my complaint was turned down and therefore I had to repay the money, how did I intend paying?.... (guess they really don't communicate between departments surely it can't be that hard to put a note on an account) re-informed her that the case is currently in court and will be dealt with there, she stated that I have to notify them of that fact (HELLO HOW DO YOU THINK YOUR SOLICITORS GOT INVOLVED) and as they have no record of the fact then I owe them. (Yes I do) Told her that they owe me more than I owe them so we will see what happens.

 

Have the letter ready that disputed accounts can not be passed to DCA. will send that if I have to, but am hopeful that they will cave in before then.

[jannercobbler]

I hope the Judge does order a hearing so that Abbey have to prove their charges, but we know that Abbey wouldn't turn up.

 

I estimate about another 2-4 weeks and it should be over. Then I can move onto the next one.

[jannercobbler]

Quick Question

 

when I submitted the claim I used the information that they sent me, HOWEVER there was 15 months of data missing from this.

 

Can I still request this informationas I never originally sent any money for the DPA. so could I now send another DPA with £10 and request all transactions from the date account opened I ask this because I know full wellthat I had alot of charges more than 6 years ago. should I wait until this claim is sorted or start now as I don't think it will make a big different as long as I don't accept a full and final agreement?

 

Any suggestions?

 

JC

[jannercobbler]

received the following letter today from DLA Piper

 

WITHOUT PREJUDICE

 

Dear Sir

 

(MY LOCAL) COUNTY COURT - CLAIM NO XXXXXXXXXX

 

We are writing to you (on a "Without Prejudice" basis) to find out whether you would be prepared to agree a settlement of your claim now in order to avoid having to attend trial on 31 October 2006, bring the matter to a close and also limit any further expense for either of us.

 

Taking into account this and Abbey's Defence generally, our proposal to you is as follows: Your total claim is for the refund of £3,055.54 in charges, plus interest of £654.76 and Court fees of £120. We would suggest that (for the purposes of this letter only) as a matter of goodwill, Abbey reduce the figure for the charges by 80%, giving a new total of £2,444.43. In addition, if this can be agreed, Abbey would pay you £523.80 for interest and refund your Court fees of £220, making a total of £3,188.23.

 

We hope that you will regard this as a reasonable revised offer in the circumstances and a genuine attempt to reach an amicable settlement of your claim.

In conclusion, therefore, we are offering to you the sum of £3,188.23 in full and final settlement of your claim, but of course without any admission of legal liability by Abbey National pic. If you are prepared to agree this, please confirm this to me in writing by signing and returning the additional copy of this letter and we shall then arrange for a cheque for this amount to be issued.

 

Also, as you will appreciate, if we can reach agreement there will be no need for either of us to attend trial on 31 October 2006.

We should add that if you have any doubts or concerns regarding your legal position, you should consult a solicitor or Citizen's Advice Bureau.

We look forward to hearing from you

 

Yours faithfully

 

DLA PIPER UK LLP

 

[email protected]

 

I accept the offer on the terms as set out in the above letter as full and final settlement of the Court claim referred to in the heading of the letter and confirm that as soon as payment has been made I will write to the Court and withdraw the claim.

 

Date:

 

Signed:

 

 

So my questions are:

 

1. Obviously to tell them No Deal and wait for 100% offer.

2. Can I inform them that I wish to claim Contractual interest (CI) at Abbeys rate of 28.7% instead of the section 69 8% so far claimed?

3. Could I offer to settle for above sum and ask them to call it quits on overdraft? (OD is £2000) as this would still be less than contractual interest (CI).

4. Am I to late to claim CI

5. Whats the best way to word a reply to be emailed to them asap.

 

 

many thanks

 

Janner

[jannercobbler]

I'm thinking of replying with the counter offer below, PLEASE could someone look and say if they think its acceptable, Many thanks.

 

“Without Prejudice”

 

Your ref xxxx/xxx/xxxxxx/xxxxxxxxxx

 

I am in receipt of your letter dated 19th September 2006, and note the contents; however I am unable to accept your offer.

 

My claim is for £3,055.54 in charges, plus interest of £654.76 as at the date proceedings commenced, plus court costs which now stand at £220,

 

I informed Miss Gordon in an email dated 7th September 2006, that interest is being added at 8% per annum on the charges, which I am entitled to claim under section 69 County Courts Act 1984. Therefore the current interest charge at 8% is now £730.04 as at 20th September 2006.

 

Therefore, the total amount now payable including charges, interest and court costs is £4005.58

 

However, under the principle of mutuality and reciprocity, I would be entitled to claim Contractual Interest, based on your Client (Abbey National PLC) Unauthorised Overdraft interest rate, that would be applied under the terms of the above mentioned account of 28% on the above charges instead of the 8% per annum under section 69 County Courts Act 1984. This would escalate the interest on the charges of £3,055.54 to £2,555.18 as at 20th September 2006. not previously mentioned

 

Therefore the amount owing would be £3,055.54 charges, £2,555.18 interest plus court costs £220, total £5830.72 as at 20th September 2006.

 

I would therefore like to offer your client a counter settlement offer as follows.

 

1. Your client removes all defaults / Status codes from my credit files and confirms the completion of this within 7 days.

2. Payment in full of my original claim plus court costs £3930.30

3. Payment by Cheque of above amount to be received within 7 Days.

4. Written agreement that your client accepts this as a full and final settlement and will not pursue me for any outstanding sums. I would appriciate better wording. (have OverDraft of £2000 which is mainly charges I would repay this from the settlement therefore if i accept a lower settlement they wipe out the overdraft.).

5. Agreement via email within 24 hours that this is acceptable.

 

Should your client wish to proceed to trial, I will pursue the full amount and request that the Judge awards the contractual rate of interest and orders disclosure of your clients detailed accounting practices.

[lesser1010]

sounds good to me,stick it to them like they do to us.

[BankFodder]

in principle everything you have written here makes perfect sense. However it is important that you mean what you say. In other words none of what you are saying is an empty threat.

 

This means that if you decide to proceed for the contractual rate of interest that you will have to amend your claim using an N244 form.

 

Also have you already claimed about the default? I have not read this entire thread. If you have not then you will also have to amend your claim to include that. I have always made it clear that the banks do not really care about returning the money that they would prefer to catch plague than to remove the default.

 

Of course I think it is entirely correct that everybody should have the default is removed where the debt is comprised entirely of charges. However it will delay your claim and even force it into court on the issue of charges and very possibly move it on to the fast track or even the multitrack and of course this means a risk of costs if you lose.

 

Although I think that you are completely in the right, you must always consider exactly the consequences of the action that you take

[jannercobbler]

many thanks for the comments.

 

I have emailed and sent it via letter today. I will wait and see what they come back with in the next few days, If I don't here anything by Tuesday I will amend my claim.

[jannercobbler]

Received this letter in the post today.

 

WITHOUT PREJUDICE

 

Dear Sir

 

PLYMOUTH COUNTY COURT - CLAIM NO: XXXXXXX

 

Further to your letter dated 21 September 2006, Abbey National Pic ("Abbey") are unable to accept your offer.

 

We should also like to point out that contractual interest can only be claimed on the basis that it was negotiated between the parties to the contract. You were well aware that only Abbey could charge contractual interest under the contract between yourself and Abbey.

 

The principles of mutuality and reciprocity are not applicable in this case to a written negotiated contract where express terms have been entered into by both parties. Therefore, under the terms of the contract you are not entitled to claim any interest (barring interest on a credit balance to your account) just as Abbey are not entitled to borrow any money from yourself. Mutuality and reciprocity are applicable when seeking the equitable right of "set-off in debt cases, which, does not allow a party to claim a rate of interest, only to set-off one debt against another if the debts are sufficiently mutual. So why are they refunding money

 

However, Abbey are willing in this instance to offer you a settlement on a without prejudice basis on the following terms:

 

Abbey will refund your bank charges of £3,055.54 and interest at 8% on your claim being £731.37 up to 22 September 2006 and your court fees of £220.00 making a total of £4,006.91. This was the original amount? does this mean it's to late to amend my claim for contractual interest?

 

Abbey will pay this into your Abbey account within two to three weeks of you returning the signed copy of this letter. Specifically asked for a cheque

 

In conclusion, therefore, we are offering to you the sum of £4,006.91 in full and final settlement of your claim, but of course without any admission of legal liability by Abbey. If you are prepared to agree this, please confirm this to us in writing by signing and returning the additional copy of this letter and we shall then arrange for a cheque for this amount to be issued and paid into your Abbey account.

 

We should add that if you are in any doubt as to your legal position, you should consult a solicitor or Citizen's Advice Bureau.

We look forward to hearing from you.