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bp

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  1. hi, do abbey know that part of your claim is estimated? Did you mention this in your N1 form? i had the same prob with Abbey, they finally gave me the rest of my info 5 months later at AQ stage i had to complete an N244 form at AQ stage. if you did mention this earlier, then i think you can amend at no further cost otherwise, you'll have to pay £35 in order to change the amount.

     

    as i said i had the same prob so when completing the N244 form i stated that the defendant had been aware that part of the claim was estimated but had failed to provide me the info under the DPA i included the letters i had sent to abbey requesting my info and 5 days after they are queried my N244 request, they consented to the change.

  2. hi, you've the right ideal there just remove the part about court fees as the court will ask for that directly from the defendant as you are exempt. Also, since you will have amended the GOGW from your spreadsheet, just put the total of charges in your particulars of claim as is on the spreadsheet (hope that makes sense!)

     

    best of luck

  3. Hi michael is this ok can i take out the section 69 or what to i put in it help please.

     

    CLAIM NO: xxxxxxxx

     

    In the [insert court name] County Court

     

     

     

    john

     

     

     

    Claimant

     

     

    -AND-

     

     

     

    [Abbey National plc]

     

     

     

    Defendant

     

     

     

    CASE SUMMARY

    _________________________ _________________________ ___

     

    • I am the Claimant in this case.
    • Wrote to the Defendant
       
      2. On 03 Feburary 2007 I wrote to the Defendant requesting a refund of charges.
       
      3. I received a letter from the Defendant on the 09 February saying that they are investigating my complaint
       
      4. On 27 February I wrote again to the Defendant advising that I am disappointed that you have not agreed to refund my charges and i would be filing a claim should I not receive a satisfactory response.
       
      5. 7th March received a letter from the Defendant with a goodwill gesture.

    6. On the 08 March 2007 received a letter from the complaints Department

    that they are investigating my complaint.

     

    7. On the 09 March 2007 sent a letter to thank them of their gesture of

    goodwill with the attached charges that they owe me. And will be

    proceedings for the rest at court.

     

    8. On the 15 March received a letter from the Defendant saying they are

    investigating my complaint.

     

    Its up to you but do you really need the above? if it gets to a later stage where you have to send in your court bundle, you'll have to send in your correspondences anyway.

     

    9. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the Contract between itself and the Claimant.

     

    9. A list of charges applied is attached to this Case Summary.

     

    10. The Claimant contends that:-

     

    a. The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant and are not intended to represent or related to any alleged actual loss but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

     

    b. The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999, Paragraph 8, Schedule 2(1)(e); The Unfair (Contracts) Terms Act 1977 Section 4; and the Common Law. (****hope this is what you meant?)

    Again, you have added this in and i suppose if it comes to alater stage, you'll know which section to look at for your argument. The courts have had thousands of these claims and i should think that by know they should know what its all about.

    11. Accordingly the Claimant claims:

    i. The return of the amounts debited in respect of charges in the sum of £4,994.87 which includes overdraft interest charged; how much of this amount is overdraft interest? you need to put in.

     

    ii. Court costs (court fee of £120.00, Allocation Questionnaire fee of £100.00).

     

    iii. Interest of £xxxxxxxx (as at 26.06.06) under Section 69 of the County Courts Act as set out on the attached list of charges.

     

    12. I would respectfully ask that the Court, in this case, notwithstanding allocation to the small claims track, order standard disclosure.

    a. The Defendant to file at the Court office and serve me with a list setting out how charges have been calculated.

    b. I understand that it is in the Courts discretion to do so.

     

     

    Statement of Truth

    I believe the facts stated within this Case Summary to be true comprising of xx pages.

     

    26th March of 2007

     

    Signed

    [iosh]

     

     

    I hope this helps in some ways. if not my apologies

  4. hi, to be honest, i'm not certain but i think they can. i had this worry so decided ahead of time to come to a revised payment agreement with them. I know that once this has been agreed and as long as i keep to my payments, they can't take my money even if they want to. is there no chance you can do this? As to your loan well this is more difficult as that was a separate agreement so you can't argue that its in dispute the same way you'd be able to with your overdraft if part of it was made up of charges.

     

    I'l ask around for you.

  5. Hi, i've sought advice after reading your last post. I think you might have a bit of a prob there. No prob with claiming joint acc but as to the other, you may have trouble. can you not keep them apart? has your partner given written consent for you claim on her behalf?

     

    in the end it might work out ok but its just something you need to think about. I don't think its allowed but i can't be sure

  6. hi. i've had a bit of a read and as far as i can understand, you only really get standard disclosure in fast/multi tracks if your claim is allocated to small claims track then the only person who can request disclosure is the judged. Standard disclosure means that the defendant will have to supply documents with which they wish to rely on such as their charges calculations and since we know the charges are disproportionate, the banks are not going to do this.

     

    The draft order is something you can pass to the judged who will then decide to take it on, it speeds up things as it asks for all parties to provide all their documents within 14days it saves on a lot of time both for the claimant and the courts. I suppose in a way, its just about what the courts can do since they can't force the banks to turn up in court!

     

    does that help? would you like the link on disclosures?

  7. hi not ignoring you will be back in a while with an answer for you. I understand about the draft order just need to know more about standard disclosure so i can explain it better. back soon

  8. Hi, its a long shot but you could try writing to them requesting they cease, charging you as your acc is in dispute and since the dispute is about charges, they should stop doing it. I finally said that to my bank and they have put everything on hold including freezing the interest so all i have to do is repay my overdraft on a monthly basis.

  9. have you looked at it, it asks for the legislation you are going to use to argue your case, statement of evidence, any witnesses you are going to rely on ... would you like me to post the link for you?

  10. Thanks:) .I've received the N149 form. My claim is fro £2000. I'm confused:| . Do I have to attach to the n149 a draft order as well?:confused: Please confirming you don't have to its your choice the aim of the draft order is that if the judge takes it up, it speeds thing up. however, please read it carefully as the danger for you is that you must supply all the info request within 14days so if you do decide to attach it, start familiarising yourself with the basic court bundle and other info to add to it. And one more question: should I write to Abbey to give them a last chance to pay me in full before I fill in the allocation questionaire like sam did?
    you can if you want it just lets them know your intentions however, they'll soon get the drift when they receive your court papers. If they have put the funds in your acc or sent you a cheque, i would reply to them with a rejection (if its in your acc, make sure you don't touch it1)
  11. Hi there, the letter is OK. The 8% applies at the stage where you take your claim to court after the 14days in LBA run out. As to payment of costs, as said before this is not automatically awarded. it would be at the discretion of the court and would be on the basis that Abbey have acted unreasonable by allowing the case to go so far when your claim is the same as thousands and that Abbey has been able to settle other cases with costs aso your claim would not be any different.

     

    You can claim costs and time spent at a much later stage after AQ and a court hearing date has been given along with directions from the judged. You claim for the time spent doing a court bundle. As i've read somewhere, Abbey (inga) has admitted that the average court bundle takes around 20hrs.

     

    Hope this helps

  12. I agree amd my attitude has changed, i no longer trust Any finacial institution esp banks, i don't let them offer me anything anymore i've told them if i need something i'll call you otherwise, Do not try and sell me anything

  13. hi josh, the s69 in simple terms is the rate of interest which the courts feel is appropriate to charge the defendant for your loss, as in lets say they had not charged your acc, you could have used your money to invest. It is at the discretion of the courts but i've yet to hear a bank which has not paid for this once a court claim has been lodged.

  14. Hi, after successfully claiming my charges back from barclays, and my brothers from hsbc, i am now trying to claim back my mother in laws from Abbey. So far, so not very good at all.

     

    Firstly, mum in law tried to obtain statements last year through branch, and abbey took her £10 but only ever sent her 3 years worth. She repeatedly telephoned them but was fobbed off time and time again. Eventually, she gave up and decided to estimate the charges to the sum of approx £3000. Abbey sent an offer of £500, which she refused over the phone.

     

    This is where she decided to do things the correct way, and asked me to send Abbey the SAR. I just got the first installment of statements today, with the usual letter stating microfiche excuse and that info will follow.

     

    HERE'S THE WIERD BIT

     

    Whilst looking over the statements for 2006, I came across Aug-Sept and noticed some very unusual transactions. Dated all on the 11th Sept there is a large number of refunds for charges, for different amounts e.g, £30, £35, £20 TOTALLING £485.

     

    When I questioned the mother in law, she told me that she wouldn't have noticed because, she has so much going out of her account, and its only when she gets a letter informing her that she's being charged, does she realise she's ran out of money.

     

    What I want to know is, could this be the money from the offer that abbey made?

    likely yes. but you need to double check the dates if its shortly after she had a conversation with them then i would say this is the refund

    Can they just put this money in your account without you accepting in writing, and without informing you that they have paid it?

    Can't say if they are not suppose to do this but yes they have done this before where they've put money into peoples accs without telling them.

    Now that my mother in law has spent this money, does that mean that she has automatically accepted the terms of their initial offer?

    I would say no because she never received confirmation of this in writing but since she has used it, just add all the actual charges taken then take away the £485 from the most recent charges so that if/when you do complete your N1 form you 'll get as much S69 interest as poss

    Inbetween sending the estimated prelim letter and the money being put in her account, she has been charged more that £485, so she might have thought they were refunding charges because she complained.

    Again this should not be a problem just add everything then remove the £485

    I'm really confused, I couldnt work out any other explanation for the refunds. Has it happened to anybody else? My mother in law, could have just been cheated out of thousands...:eek:

     

    Sorry for the massive post..lol

     

     

    Emz:D

    Hope that helped a bit.

  15. I know it can be frustrating especially when you know(well almost) that they'll pay up in the end, i'm just doing my court bundle now which is going to court this Fri and i would rather not spend any of my money buying stationary. So far, the ink alone has cost me £40! Really its up to you. A lot of people say not to bother calling Abbey cause if there is a deal to be had, they'll contact you. However, i know of people who have had some money back at this stage cause they called Abbey. If you decide to contact them, make sure you know what you are going to say and if you are willing to settle for less then what they've taken from you, then make sure you have a figure in your head. Be confident and good luck

  16. hi there, there is no standard rule where Abbey is concerned. But they do like to drag things for as long as possible. Sometimes settling on the morning of the hearing. As to claiming from a closed acc yes you still can claim this.

     

    your Q about the OFT, its up to you but this is something that you can do yourself and besides, you've already started the process.

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