*bump*

Does anybody else have a hearing here? My partner is due to have her case heard on this date and on the General Form of Judgement or Order it states that it is likely to be dealt with in batches. Just curious if anyone else has a claim on that date?

Cheque arrived today

Got back from an overseas trip today. Letter from Abbey stating that they are offering (without admission of any liability yada yada yada) full and final settlement of £793.44. So.....when cheque clears I'll withdraw my claim. Thanks guys.

Personally I'd wait for the cheque to arrive (just to make sure they didn't play silly beggers) then I'd notify them and see what they said. If they demand the difference back then put the cheque in your account...once it clears send them a cheque. If not.....consider it compensation.

Can it be done???

Got home tonight to find a letter from the court stating that the defence has been filed and the proceedings transferred to Weymouth. I have an AQ (N149)to fill in and return which must be with the court office by 14th March 2007.

Sorry but can a mod please change the title of the linked thread to Joseph v Abbey http://www.consumeractiongroup.co.uk/forum/abbey-bank/40391-started-ball-rolling.html

ShAbbey have certainly not entered a court room to defend themselves to date but you will have to take it right up to the court date if you want a full refund.

Received a GOGW offer today for half the claimed charges and the court costs but no offer on the interest. They have also submitted their defence which is the standard version that has been posted up by loads of people. Ie that the "charges" are no penalty charges but liquidated damages and therefor valid pre-estimates...yada yada yada. Will send my polite letter of rejection today.

And my response: Dear Sir/Madam, In your letter dated 31st January 2007, sent via second class post and received by myself on Friday 9th January, you requested that I explain to you how my claim for £525.50 in respect of penalties levied on my account has been calculated and also how the interest claimed has been arrived at. I have on two previous occasions provided a schedule of charges which illustrate precisely when penalties were imposed and the amount. The first accompanied my letter to Abbey at Bradford BD1 52J on 30th November 2006 and my second was to Mr. Andrew Nanson on 3rd January 2007. This information is contained on the particulars of my claim. Furthermore I have also provided details in my claim form of how the interest has been calculated. This is in accordance with S.69 of the County Courts Act 1984. The daily rate at which this interest is accruing is £0.11 and currently stands at £177.76 as of 13th February 2007. The attached copy of the schedule of charges details the penalty charges imposed by Abbey as per the records supplied to me under the Data Protection Act. I should stress that the schedule does not illustrate any out of pocket expenses for Subject Access Request Fee, Court Fee, Cost of Recorded Delivery Letters or time spent dealing with this issue. Finally I am happy to provide an email address which you can contact me on but unfortunately I am not contactable by telephone. My email address is [email protected] Yours faithfully, Blah! Encl. Schedule of Charges.

The latest letter from Abbey, which was sent on 31/1/07 2nd class post but because I was out of the country I didn't actually get it until Friday: We are in the process of reviewing this claim and preapring our response. A defence will be filed in due course. In the meantime, we note that you have claimed the sum of £525.50 in respect of charges that you say have been made on your Abbey account. How ever, (yes they put a space in!! ) you have provided no details as to how this sum has been calculated. Similarly, you have not provided details of the £175.80 claimed by way of interest, showing how that amount is made up with reference to each charge. As you will appreciate, you will need to produce evidence to the Court regarding these amounts, 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. It would also be helpful at this stage if you can provide e-mail and telephone contact details to us. Yours faithfully, Abbey National plc.

I presume the date they had to respond is up now. In which case file the claim straight away. It's your agenda not theirs!

Hang in there! It's a long slow slog with Abbey! Just write back thanking them for their part payment and explaining that you will continue your court action to recover the full amounts and to have the default notices removed. It's also worth letting them know that you now consider the account to be in dispute so that they cannot enter any more default notices. I think there are some templates in the library....or a trawl through the threads should show up something similar.

I think you'll struggle. As I understand it Cash Interest is interest that has been charged when you withdraw cash on your credit card. It's usually significantly more than if you use your card to purchase an item.....some cards charge as much as 29% on cash withdrawls. I don't believe this is a penalty charge for breach of contract.

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks.html

Today the Acknowledgement of service landed on my mat. ShAbbey have stated that they intend to defend all of this claim. James Arrandale is their Solicitor for this one. So....they now have 28 days to submit their defence. Just in case anyone else missed this when going through MCOL.....this user guide is really good and answers some of the dumb questions I asked earlier!!! Her Majesty's Courts Service

Just an update. Notice of Issue received today saying that the court issued the claim to ShAbbey on 29th Jan 2007 and it will be deemed served on 3rd February 2007. ShAbbey need to reply by 17th Feb 2007. Best busy myself with my bundle then.

Thanks bish. It's been a while since I read all the FAQs and stickies so some of the stuff just hasn't lodged in the grey matter.

How many you start is entirely up to you. I have chosen to do mine one at a time because I find it easier to focus that way. There are also the court costs to consider. If you have 4 to chase can you afford to pay 4 lots of court fees at once (I know you'll get them back but if it's going to upset your cash flow it might be worth your while doing one first, then with the funds from that do the rest).

*bump* Anyone?

As i understand it the claim is for the £4k+ it does not take into account the 8% interest because this is not a fixed amount (ie it goes up by x% per day. When you fill in the initial MCOL or court paperwork there is some text that you add that in addition to the value of the claim you are also claiming statutory interest. If my understanding is correct. If I'm wrong then just split the claim.

My MCOL claim seems to have been allocated to Northampton County Court!!!! 1) Is this normal for MCOL claims????? 2) Does this mean I will have to travel all the way to Northampton if it does go to court (I know it's unlikely to but nonetheless) and if so will I be entitled to claim travelling costs??? 3) I presume the quote below means that the court will serve the claim?? 4) If not, how do I go about serving the claim or if so, how will I know when they have been served. Sorry if these a numpty questions!

Anyone? Submitting through MCOL: Will my claim automatically be allocated to my local court????

1. My signature is not displayed and I cannot find it now to edit it???? 2. When I click on a user name (to PM) it states that I am not authorised??? Anyone else got problems? Can't even PM a moderator to get it fixed