Hi Folks:|

I am lost! I sent the prelim letter to Abbey on 12/5 and got the standard "We're sorry you are unhappy" letter. I then sent the LBA on 26/5 which deadline runs out this friday. However, yesterday i got the following letter:

"

It is a standard letter - stick to your timetable.

As Alan says ALL the banks send something like this out, in response to an LBA; simply to get the reaction you gave them. Go to court as planned, on the day your deadline expires.

Cheers

I thought it was a case of all done and dusted there. I suppose it scares off a lot of people. but I will stick to it and file my claim on Friday 9/6 as planned. Still a bit dubious about it, but sod it, why should they keep winning?

Rayo1973:oops:

How rubbish are the abbey??????

My LBA date runs out tomorrow, and as you can see from earlier in this thread i got the fob off letter, however, when i got home yesterday there was another copy of the "We're sorry you had to complain" letter with the dodgy photo copy. Does this actually meant that they keep no track of who writes to them, or what is going on? Is this just their ploy of trying to forget about it all?

Anyone else had this?

Also, going to be filing my claim tomorrow, and have to admit i'm a bit nervous about it. I know it's stupid, because it is my money and i am entitled to it, but i guess they make it go this far to try and put people off?

Cheers

Rayo1973:evil:

dont stop keep going I was in the same boat and now filed for nearly 3k, they have got until 14th to file a defence looking forward to spending some of my money they were kindly holding for me....

Cheers Fergal

Do you get the feeling that they just can't be bothered?

Slainte!

Rayo1973

I think there is 2 ways this will go.... the masses will start this reclaim and they will just capitulate and pay up immediately and make there money in other ways... or they will try eventually to win a case in court ( this would be unlikely unless OFT did a massive u turn, this would lead to a revolt so extremely unlikely) .... at last a little bit of justice, not something we seem to see very often in the UK...

Justice, now that would be nice...

I can't see the OFT making a turn around, if anything i think that they knew they were opening the flood gates on this, and it was about time ordinary people got a chance to screw the banks for a change!

This board should be renamed the abbey habit? Definately a habit i am pushing anyone with an abbey account to get.

Rayo1973

Quote from rayo1973 above:

"I have carefully considered the points you have raised, namely that you feel the charges unlawful. The fact remains however that the charges in question were prompted by payment requests against insufficient available funds. As such, they are valid and in line with our terms and conditions. Furthermore, having reviewed the history of your account, I can see this is not the first time you have incurred charges."

Interesting, I have just received the same letter but it reads " I have carefully considered the points your raised, namely that you feel the charges are contrary to the Unfair Terms in Consumer Regulations 1999 and are unlawful at common law"

The rest is the same as yours, but out of the £2000 odd they owe they also remind me of the £30 they refunded me in 2005 and the £20 in Feb this year ... how kind!

However, they go on to say should I have points I'd like to discuss I should contct them - I'm just wondering if I should phone or just send in the LBA. I'll start my own Abbey thread on my claim.

HI Andrew

I would just go ahead and send the LBA, i honestly believe that if you contact them, they will try their best to pan you off with some mediocre "good will" gesture, or make it sound more difficult to proceed against them. But if anything, the fact that people like whizzkid went through the whole process and came out with a big grin, should be testiment to the rest of us that they can and will be beaten.

Rayo1973:)

I got the same letter I just sent them the LBA and completed my N1 ready to post to the county court on 19th June (the last day the LBA runs out)!

Still no DPA data!

Hi Folks:)

Ok it is the last day of the LBA timeframe today!!!!! Now i am getting nervous.

I am unsure as to the best weay to proceed with my claim, i have had a look at the moneyclaim website, but still don't know. Any ideas? Is there a template for how to file the claim with them?

I know it is probably silly, but i still get very aprehensive about the claim not going through, or the abbey taking it to court and giving me a complete mauling.

A very excited and nervous!:-|

Rayo1973

Don't worry, loads of us have felt the same. There is info in the library with ideas of what to put in the claim. Bankfodder provided this as space on the online form is limited to 24 lines and so many characters. I just adapted it for my own info. If it's any reassurance my claim was "deemed to be served" on the 5th June and I haven't heard anything yet. They only have till next Friday (19th June) to acknowledge. In the light of Whizzkid and Neil P's experiences I am expecting a positive outcome.

Good Luck

Thanks for that nn

I will have a look through the library to see what i can find, and hopefully by the end of the day i will have something put together?

Cheers

Rayo1973:)

Hi

Just a quick one. i am starting my claim on moneyclaim (err), and want to know which address is the best one to put for the defendant section???

Thanks

Rayo1973

I would use:

ABBEY NATIONAL PLC

ABBEY NATIONAL HOUSE

2 TRITON SQUARE REGENT'S PLACE

LONDON

NW1 3AN

Thanks Barracad.

Sorry, being a bit of a dummer there. I went onto the Abbey website and got the address - my head is full of sweety mice at the minute, a combination of apprehension and excitement.

Cheers

Raymond

Does this sound ok for claim details:

Don't forget that you need to add the paragraph about S69 of the County Courts Act which allows you to charge the additional 8% interest on all the charges.

I couldn't fit everything i wanted to into the space on the Moneyclaim form, and had to shrink various bits such as 'section 69' became S.69, and Unfair Terms.... became UTCC - you get the gist.

I would also highly recommend stating that a full particularisation of this claim will be sent to the defendant and court under seperate cover.

The reason for doing this is it is one of Abbey's stalling tactics that they don't have all the information to defend the claim. Include Date of Offence, Amount and Reason for Charge (ie. Bounced DD). I simply printed off the spreadsheet and pasted it into a Word Document headed with the case number etc.

Good Luck, let us know how you get on.

Hi Neil

Thanks, forgot about that bit. i think the biggest struggle is to squeeze everything in, and then it gets difficult because it is hard to know what to leave out.

Thanks again

Rayo1973

Quick question, do i put in about the section 69 bit even though i have already calculated the interest using the excel template? Also, do i then use the figure including the excel interest as the amount and then put in for the section 69 bit too?????

Totally confused now!

Rayo1973:)

Quick question, do i put in about the section 69 bit even though i have already calculated the interest using the excel template? Also, do i then use the figure including the excel interest as the amount and then put in for the section 69 bit too?????

If you have calculated the 8% interest using Excel this is the "section69 bit". Therefore if you do actually want to claim this interest you need to use the section 69 wording otherwise you cannot claim this interest.

Hi

Well, just sent my claim via moneyclaim. That is one of the most liberating experiences, scary, exciting and all the rest.

So as they say, all we can do now is sit back and wait.

Cheers

Rayo1973:)

Well Done,

The next bit is as easy as the first.....

You will receive confirmation of your Claim from Northampton Court confirming when the papers are deemed to have been service on Abbey.

Abbey will file an Acknowledgement of Service.

then one of either two things can happen.

a) Abbey will file a defence, in your copy will be a 50% offer (which you refuse) they will then offer you 100%.

b) Abbey will run straight to the 50% Offer (which you refuse) they will then offer you 100%.

Have you got your Particularisation ready to send off to the court and Abbey yet? It is important that you do this as soon as you have your Claim Number.

Good Luck and keep us posted.