thanks for that Lula,for a minute there I thought nobody was around.

well done on your win as well,you stuck at it and got what you fully deserved back.

bump --help someone!!!!!!!!!!!

IS THIS OK TO PLACE IN THE OTHER INFORMATION BOX ON THE A&Q FORM?

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

It is contended by the Defendant that the fees levied "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".

In order for the Defendant to substantiate this argument, it will be necessary for evidence to be produced showing how these fees have been calculated, presumably this will mean that the Defendant will by relying on detailed accounting information. If this is the case then it would be reasonable to ask that this evidence be made available prior to any court hearing, in order that I may be able to properly analyse it.

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure.

I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

quick update.

this morning recieved abbeys defence, notice of transfer and a&q form to fill in.

just a couple of things worrys me if someone can alleviate my fears. In the defence it states

1.(the claimant has overdrawn or exceeded authorised limits on the account on a number of occasions full detail will be provided on disclosure. therefore by virtue the conditions outlined above for such overdrawing was unauthorised and in breach of contract and the claimant became liable to pay the fees.)

2.the claimants contention that the fees are unenforceable and are penalty charges is denied.The fees reflect and are proportionate to the defendants administrive expenses incurred due to the claimants breach of contract and are a genuine pre-estimate of the damage suffered by the defendant.

3.further or in the alternative, even if the fees are not proprtionate to the defendants admin expenses incurred (which is denied), the claimant remain 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.

is this not contradictory of the above???

4.no addmissions are made to the amount claimed by claimant

5.the claimant has wholly failed to particularise the amount being claimed.The defendant has sought further and better particulars from the claimant by letter. The claimant has not responded. The claimant is therefore put to strict proof of all amounts.

I HAVE SUPPLIED THREE SCHEDULED OF CHARGES AND EMAILED DLA PIPER (CHARLOTTE THUBRON) WITH THEM AS WELL AS REQUESTED AND RECIEVED ACKNOWLEDGEMENT FROM HER FOR THEM. AS I HAD ONLY 14 MONTHS OF STATEMENTS WHEN I STARTED CLAIM 4.8 YEARS ARE ESTIMATED.

WHAT ARE THEY ON ABOUT.?

Apart from filling the a&q form in is there anything else I need to send the court or DLA Piper?

bump

ABBEY,ABBEY ,SHABBY. This morning I recieved a letter from Mathew Foster the

Senior Customer Resolution Manager (is this a new made up post for us). He has spent nearly two months investigating my case and yes you,ve guessed it the charges do not contravene the regulations.He cannot agree to refund the chargesbut as a gesture of good will has refunded me £350.00. Well after checking my account this morning Abbey have skanked me, only refunding £280.00 in misc credits into my account.

1.Anyway, who do I send the letter too to say thanks kindly but I will still being seeing you in court for the rest (just awaiting Abbey to file there defence).

Is it to Mathew at complaints who sent me the letter or to Dla Piper, who say all corrosponse should be sent to them?

2. At what point would I deduct this amount from my original claim?

Are they changing tactics again every other thread I have seen, had G O G W paid into account without any letter,my letter came day after it went in!

Please could a mod change my title to m.bentley v abbey, thanks

thanks Hanne:

but how do you know if you have charlotte thubron if you have had no letters from dla piper? just a thought!!!!!!

thanks nnelson and Lula.

what is btw?? Lula.

also just checked on moneyclaim online,they have acknowledge,this means they have twenty eight days to file there defence from date deemed served this being 4th sept so that makes it the 2nd oct is that correct?????

anyone help on this

yep that seemed to do it Michael thanks for that

DOH!!!!!!!

Sorry Lula I have I presume a lady called charlottet hubron.

I have tried to email her with the info but it keeps coming back system error no such user psmtp.The address i have is [email protected] does anyone no if this is correct or have any other email address for dla piper.

thanks

thanks nnelson and Lula.

what is btw?? Lula.

also just checked on moneyclaim online,they have acknowledge,this means they have twenty eight days to file there defence from date deemed served this being 4th sept so that makes it the 2nd oct is that correct?????

anyone

hello all!!

this morning recieved my first communication from dla piper,acting on behalf of abbey.Quote:

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

In the meantime, we note that you have claimed the sum of xxxxxx in respect of charges that you say have been made on your Abbey account between Oct 2000 and June 2006, However,you have supplied no evidence of the charges.

As you will appreciate, you will need to produce full evidence to the court of the amount you are claiming. 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.)

WOW! is this a bog standard letter from them,and why do they require a list of charges??? i did send 2 copies of my schedule of charges to abbey with my pre lim and lba letter.Also my charges are made up of fourteen months of statements recieved and the rest is estimated, is my schedule ok to show this??

They have until 18th Sept to file defence, hopefully they will forget!!!!

any help or ideas please

hi nightmare4banks thanks for your reply: answers to your questions are

1. the agreement was drafted between my sister and the letting agent

2.she went to live at her boyfriends,the thought of living just anywhere would of been tough on her kids,she has two one was out that night.

I have drafted a lba what do you think of it! thanks

LETTER BEFORE ACTION

Ref:xxxxxxxxxxxxxxxx

Dear xxxxxx

As you are most probably aware, I have requested that you return my deposit of £750.00 plus rent £370.00 for twenty days the house was uninhabitable, due to the fire damage, total requested £1,120.00.We would like to remind you that tenants have rights, not only obligations. You, as a landlord have obligations, besides your rights. This is also in relation to deposits. Deposit must not be regarded by landlords as an extra rent only to be returned reluctantly or used to actually improve the condition of the property.

Good practice requires that landlords keep deposits in a separate client account, providing clients with written statements detailing exactly what the deposit covers and when the money will be returned. Could you please provide me with evidence that you have adhered to these standards? You cannot withhold the deposit for the general “wear and tear”. Landlords must redecorate the property from their own expenses and tenants are only held liable for damages, which create additional costs to the landlord. Due to fire damage to the property this is no longer an issue as the landlord should be able to claim from there buildings insurance. Deposits are not there to provide redecoration fund.

The landlord must remember, as it is the tenant’s money, he has to account for it properly. It is a very common misconception, that the deposit belongs to the landlord- it is not so and withholding of it without proper validation is illegal. I will be in a position to demonstrate that it was unreasonable for you to keep my deposit, should you be unable to produce requested evidence and should matters proceed to court action.

I would like to inform you that I expect your reply to arrive no later then within a fortnight of the postmark. If no reply is received, the county court action will be instigated. The court can order you to pay the deposit and rent back and the proceedings are very straightforward. You may also be ordered to pay my court costs. I sincerely advise you to comply with my request. The courts are very sympathetic to tenants whose landlords do not follow good practice guidelines and do not fulfil statutory requirements regarding issues of deposits.

I look forward to hearing from you within 14 days.

Yours faithfully,

thanks for that info Rich 44, Iam just putting a LBA letter together using some info from another thread I found, should my sister say nothing more to the letting agent, she is supposed to be ringing tomorrow with a break down of the damages they are claiming?

help: my sister has lived in a private rented house through a letting agent.In July this year there was a fire in the house caused by a gas leak:- luckily both my sister and her 2yrold child managed to escape the fire.There was a lot of damage to the house and contents.My sister was insured the landlord was not.My sisters insurance co have been to the house and done the usual insurance assessment nearly everything was smoked damaged and destroyed.The landlord is now being funny stating there is damage to this and that and bathroom stuff is missing, but this was because it was damaged in the fire and insurance co have destroyed them.We are having trouble getting the bond £750.00 and nearly three weeks rent £370.00 back from them now.

1.the landlord had no insurance so is trying to claim from my sister for fixtures and fittings is this allowed?

2.do I take the landlord or the letting agent to the small claims court?

3.is she in her right to claim for the three weeks rent she had paid for but not lived there because of the fire?

hope this makes sense help needed urgently:::::::::

help: my sister has lived in a private rented house through a letting agent.In July this year there was a fire in the house caused by a gas leak:- luckily both my sister and her 2yrold child managed to escape the fire.There was a lot of damage to the house and contents.My sister was insured the landlord was not.My sisters insurance co have been to the house and done the usual insurance assessment nearly everything was smoked damaged and destroyed.The landlord is now being funny stating there is damage to this and that and bathroom stuff is missing, but this was because it was damaged in the fire and insurance co have destroyed them.We are having trouble getting the bond £750.00 and nearly three weeks rent £370.00 back from them now.

1.the landlord had no insurance so is trying to claim from my sister for fixtures and fittings is this allowed?

2.do I take the landlord or the letting agent to the small claims court?

3.is she in her right to claim for the three weeks rent she had paid for but not lived there because of the fire?

hope this makes sense help needed urgently:::::::::

Thanks again Lula the text worked great have now lodged my claim today.

Now lets see what happens!

thanks Lula I will try your text and see if that works.

karnevil thanks for replying,the particulars of claim are in the templates section.Itake it that I dont use these on moneyclaim.

just trying to fill my money claim form online hit a snag.The particulars of claim only allows 1080 characters, the template is over 2000 characters. Am I doing something wrong,and what is the reg office for abbey I have ABBEY NATIONAL HOUSE, 2 TRITON SQUARE REGENTS PLACE LONDON NW1 3AN but moneyclaim form cannot find the postcode???????????

hi I was just wondering after reading all the threads,reference abbey sending letters to people after they submitted there LBA.I sent my prelim letter to abbey on the 27 July, heard nothing from them,so I sent my LBA letter to them on the 11 August allowing for the post/weekend they should have recieved it on the 14th Aug. But what is confusing me is I have heard nothing back from them at all. is this normal or is there something else I should be doing,there deadline is 28th Aug.

Hi can someone please help me. Ntl have been charging me £4 per month for not paying my bill by direct debit.I have seen somewhere on this site someone else claiming against them for this. How do I go about finding how much they have charged me over the past few years,and how do I go about claiming this back.

can anyone tell me the answer to this question.

I went to my local shop yesterday and bought several items which totalled

£4.73p,I gave the owner of the shop my visa debit card to pay, she said that there would be a 30p charge if I didn,t spend over £5.00. I was taken aback by this ,it has never happened before, then looking on her till while waiting I noticed that they charge various amounts for asking for cash back.

ARE THEY ALLOWED TO DO THIS? If not who do I complain to thanks.

can anyone tell me the answer to this question.

I went to my local shop yesterday and bought several items which totalled

£4.73p,I gave the owner of the shop my visa debit card to pay, she said that there would be a 30p charge if I didn,t spend over £5.00. I was taken aback by this ,it has never happened before, then looking on her till while waiting I noticed that they charge various amounts for asking for cash back.

ARE THEY ALLOWED TO DO THIS? If not who do I complain to thanks.

thanks for that michael.I will just forget about this interest.