LOl Inga is the chief "person" who is dealing with Abbey claims, wait and see what the letter says and who it comes from

 

Ashhursts are the solicitors dealing with Abbey claims who inga works for

Ok great... thanks for your help Lula. I'll wait for the letter.

foxi

wait till the order comes through from the judge, it should be about 14 days from date of service, so about 3 weeks in all, so how much was the ongoing interest? was it that much? if it wasnt, is it worth the hassle? as you havnt yet formally accepted, ring them and have a prepared spreadie with costs for doing the bundle, you know how to do this right and what to claim? and then ring them, i am sure that a judge would be in your favour, they have had no intention of defending, alternatively, you could slap in a wasted costs order to the court, but my recommendation is to try Asshursts first

Hi lula,

Thanks for the info, think I know how to prepare a breakdown spreadsheet for costs. Apparently there is someone called INGA in Abbey and that you can call to submit this information .. do you know who this person is?

What is Asshursts?

what did the judge say? and did you get chance to see the letter before hand?

The judge just said that Abbey seem to be very slow at processing their settlements and that they had informed the court of the settlement 2 days before the hearing. He asked me if I received the settlement letter and i said 'no'..... at the court all the others waiting for their preliminary hearing with Abbey had heard that is what would happen.

Do you have a date??

foxi

Hi Folks,

Yes... i got to the county court in London today for my preliminary hearing. Abbey had ensured the courts received a settlement in full letter but failed to send me one!! Typical eh!!. How long till they can pay up??

Ok , so I won as the judge awarded me Judgment but ABBEY DID NOT include the continuing 8% interest (in my case 0.063p ). How do I get that back from them? I want to claim back preparation & travel costs. Can any one advise me please .....

Shall I just ring Abbey up asap or email them.??? Anyone got any contact information to get the ball rolling.

Hope to hear from anyone

foxi

Hi All,

Well..... i've recieved a preliminary hearing date on 17 July 2007. I'm actually abit nervous and claiming £481. Although I've read parts of the small claims pack. I really need some additional information.

1.) I wasn't sent an Allocation Questionaire?? Is this normal and why wasn't i sent one??

2.) Do i still need to get my court bundle ready for the the preliminary hearing and if so do I send out all documents to the relevant parties??

3.) I do not know where to obtain the terms and conditons for the year 2000. I've tried the attachments on this site but the link doesn't open??

Any help will be of great value........ i feel so overwhelmed by this whole process ...........

foxi

If you are using the `Simple Charges Calc` spreadsheet from this site, action as follows -

 

* On a line after your last Charge listed, enter "Refund of Charges"

* In the Amount Column, enter -XX.XX (with XX.XX being the value of the refund, making sure you enter a minus before the amount)

* In the date Column, enter the date that the refund was applied to your account.

 

By actioning in this way you will maintain the credability of your record of charges calculation, it will also remain fully understandable by the Court Officials and the Bank, and will not leave yourself open to scrutiny as to how you arrive at your final figure with differing Charge Values to those actually imposed (if you use Loui`s method).

 

Hope this is of help:)

If you need any further advise, please ask.

Hi Armsoft,

How are you? Further to your last mail. I updated the calculations sheet and the figures worked out fine. Thank you for that.

Anyway, I proceeded with my MCOL claim on 9 May 2007 & low & behold got a got letter from Abbey dated 30 April 2007 offering me the balance of my charges but it was post stamped 9 May 2007 and I received it on the 10 May 2007. Very crafty eh!!!! But because I've already started court proceedings. What is the best way forward??. Shall I'll write back to Abbey acknowledging their letter but shall I just advise them that i gave them ample time to refund me and that court proceedings have been initiated?

Any advice will be greatly appreciated.

foxi

foxi,

My claim was for charges applied to a `Closed` Account and the issueing of a Default Notice on the closed account, so slightly different to the normal scenario.

I would suggest that the one thing that helped swing it for me was that I stuck to the process outlined on this site to the letter (pardon the pun), I checked and double checked Every communication with the bank before sending it off to make sure it was error free, then, at the end of the day, they knew I meant business and was not just going to be fobbed off.

 

I also built up quite meaningfull dialog with James Arandale at Abbey, he is no different to you and I, and if you take the time to explain your case to him, and ensure that he is fully aware of what Your terms of settlement are, he is more likely to ensure an early resolution.

 

 

Good Luck with your claim, although if you keep following the sites advice you won`t need any luck.

Hi Armsoft,

Thanks for letting me know the info about your closed account. Its funny but otherthan this MBNA card that I have with abbey. I've just put my MCOL claim through a closed ABBEY current account which is up 15th May 07. I didn't any GOGW's at all. I just got all the standard babble letters but they have been very quiet with this closed account. Do they take longer to pay up for closed accounts??

foxi

Louis,

We all make mistakes, lets face it we wouldn`t be members of this site if we had not made our biggest ever mistake of Trusting the Banks:o

 

At the moment the banks will be looking for any mistakes or their interpritation of miscalculation etc to try and raise a challenge, so its always best to try and remove any opportunities before they get that far.

 

No harm done, and its a learning process for us all.

Hi Armsoft & Louis Wu,

Thank you both for taking the time to explain the little extras........ all information has been valuable and the support is just brilliant.

Armsoft,

I will follow your suggestion as this way i won't get confused. Abbey are a real pain in the arse but we have to keep plodding on.

Just being nosy but was reading your list of claims & noticed that you got 5k compensation... how did you swing that one??

foxi

Hello foxi,

 

Firstly, have you used the CAG LBA? If so, is i the £163 you are claiming, and have you provided a schedual of charges?

 

I gather from your post, that your stuck on how to show the £163, if so, then just deduct it from your original list, taking it from the most recent charges. Another question, have you put the charges onto a spreadsheet?

 

As you can see, there are lots of questions. If you can supply the answers, I am sure we can help find the solutions you require.

 

Louis

Hi louis wu,

thanks so much for getting back to me. Yes i did send the CAG LBA & they didn't respond.

I did put the charges onto a spreadhseet previously which totalled £233.30 which does include interest. Then Abbey paid £70 as a GOGW.

I've had to update the charges spreadsheet on Tuesday 1st May 07 because they applied another charge back in Feb 07 which didn't show up till later. Anyway, the total calculations for all my charges on the updated spreadsheet add up to £235.07. The charges are £221 & the interest is £14.07.

So, if I minus the £70 from the charges how do i work out how to minus the interest??.

Sorry if i sound like a dummy!!.I've seen a few other threads but nothing seems to show me how to do it!! any help would be greatly appreciated.

foxi

Hi john

 

Firstly, just post a little more info letting us know what letters you have posted. It sounds like the preliminary letter that Abbey are responding to.

 

Ultimately, it doesn't matter what letters you send, and what replies Abbey send back, stick to your timetable and just progress to the next step when the time comes.

 

It appears that Abbey are so snowed under with claims that they are not just stalling for the sake of it, I think it a case of not enough man hours available. Still, who cares about their admin problems!!

 

Send the LBA when the time is right, and then submit your claim when that deadline expires.

Keep us posted and well done.

 

Best of luck

 

Louis

Hello Louis Wu,

Can you help, i've been looking through tons of threads but can't really find an answer & thought you may be able to help with this tiny issue.

I'm claiming £233.00 from MBNA & they have paid me a GOGW of £70 which i accepted as part payment. Then i sent the LBA 3 times & no response. Now taking it to MCOL as they owe me £163. Im stuck though...

I need to know how i go about claiming the remaining £163 which includes interest. I'm not sure how to work it out?? Time is passing by & i need some help.

foxij

Hi All,

I need of some advice please. I'm claiming £233.00 from MBNA & they have paid me a GOGW of £70 which i accept as part payment. Sent the LBA 3 times & no response. Now taking it to MCOL as they owe me £163 which includes interest. Im so confused now. What shall i do when i need to do the calculations on the MCOL form. Any advice pls. Help!!!!!!!

foxi :-|

Hi All,

I need of some advice please. I'm claiming £233.00 from MBNA & they have paid me a GOGW of £70 which i accept as part payment. Sent the LBA 3 times & no response. Now taking it to MCOL as they owe me £163. Shall i re-calculate the £163 with 8% OR do I put in the original amount of £233.00??? Help!!!!!!!

foxi

Hi neilt,

yes this is very normal for the SHABBEY. I had the same experience eventually I got all of them after ringing them up & got all statements within 24 hours recorded delivery. Make sure you remind them of how many days they have left to provide you with your information.

Good luck and keep at it. I'm about to take them to court.

foxi

Thanks Newbody,

I'll check out the threads then proceed with the online claim.

foxi :grin:

Hi all,

I need some advice please regarding my old closed Abbey current account. I'm claiming £400 and have sent two LBA's. Just got a letter from Abbey saying they've carried out a full investigation and they confirm that charges were applied correctly as I had insufficient funds in my account and they are unable to agree to a refund any of the charges applied and that the charges do not contravene the Unfair Terms in Consumer Contracts Regulations 1999 blah blah blah.

Shall I make an on-line claim now?? Has this happened to anyone else??

foxi

foxi,

You say "I have to wait 14 days" in your thread.

 

If the 40 day period is up for Abbey to supply you with your statements, you don`t have to wait any longer, it would be worth phoning them again and remind them that they have failed to comply with your 40 day notice, and that you intend filing in court for Non-Compliance.

You`ll receive your missing statements the next day, delivered by FEDEX

 

That`s worked for me and many other CAG members, you need to get them to work to YOUR timescale, not theirs, and the sooner you let them know that the better.

The Abbey Habit is to delay as much as possible

 

Let them know Who`s Boss:D

Im surely going to let them know who's boss. Their 40 days will be up on Sunday 18th Feb so best give them a ring eh!! Thanks Armsoft

foxi

Thanks Stan5131 for the info. Actually you are right about the PPI got it mixed up with CPP.

foxi

No, you cannot claim for cash advance fees. These are not penalty charges but more a service charge.

Hi Stan5131,

I just received my list of charges and I'm not sure whether I can claim on the below?? Would you be able to provide any further clarity.

I have charges for :

Posted credit insurance fees ( think this is for cpp)

Posted retail interest

Special cash interest

Posted cash advance interest ??

foxi

Hi People,

I finally received a list of my charges over 6 years but found only to discover ABBEY left out 12 months. I rang them up and was put through to the 'ACCOUNTS CHANGING TEAM' ON 01274 368393. They will send out any missing statements etc. I have to wait 14 days.

Can anyone advise if I can claim back on: INT DEBIT. I THINK THIS MEANS INTEREST DEBIT???

( my account is a closed current account). The statement is an awful printout.

Look forward to hearing from anyone.

foxi

Hi foxi,

 

Apologies for the late reply, been busy! I would PM a mod on here for further instructions if i were you. I am not an expert unfortunately, i just give my honest opinions as i see it.

 

However, despite what dx100uk has said, my original post stands. You are entitled to claim interest and court fee's along with all charges, so providing you are certain that your figures are correct, it is my opinion that you should proceed with your claim if you are prepared to fight it.

 

btw, i claimed interest from Smile and got it included in my refund

Hi techtalkonline,

I sent the LBA offer and hoped for the best... low and behold they coughed up the extra £371 in interest charges i'm realy SMILING today yipppppeeeeee.

Thanks for your support everyone

foxi

Hi Foxy,

 

Have you checked FAQ's ... if not, do have a look see

Thanks for pointing me in the right direction org1uk.

I think I added up the wrong charge but hey I got back £829 yippeee

Hi Arri,

Range of different charges applied to my CC account as follows:

• Late Payment Fee
  
• Overlimit Charge
  
• Arrears Charge

Range of different charges applied to my Current account as follows:

• Daily Excess Charge
  
• Service Charge
  
• Commission

Don't quote me on it, but I suspect that you would not be able to claim back your 50% if already agreed. Perhaps a PM could confirm or otherwise?

 

Hope the above helps, and good luck with your claim

Hi org1uk,

Smiles' charges on my current account were totally confusing. Although, I rang them up I'm not sure if at the time I totalled up the charges correctly. They did paid me as a GOGW £829 out of £1150 I claimed but the £1150 included statutory interest which they wrote back saying that they wont refund any further charges unless theres a bank error.

Does anyone know what exactly we can claim back?

foxi

Hi foxi,

 

I would allow the 'Response to their settlement offer' letter to proceed as your claim is ongoing until you receive the full refund. Do not let Smile bully you into submission, this is a dirty trick to make you feel that you should cut your losses imho.

 

In other words, it is irrelevant what they put in their letters, this is your claim and if you say you are claiming for interest and charges, then that is what you claim. Ignore their latest letter, keep the GOGW as part payment and continue your claim for the remainder.

 

Best of luck to you!

Hi techtalkonline,

Im abit confused in a way, but the Response to settlement offer letter has gone now so I'll see what the outcome is anyway. I also put this thread in the cooperative bank section & had a different response to my situation from someone else called dx100uk stating ..'that every settled claim that has been made on here will be 'a goodwill gesture', the banks will never say 'here is the money back from illegal charges we have made on your A/C', if they did , they would be admitting they are wrong.i doubt they did send a back dated letter either. IF your outstanding money from them is now only the interest you added, then they are quite within their rights, so far only one claim has been paid where compounded and/or contractural interest has been claimed from start...'

I guess I'll need to do abit more reading but what do you make of the above?

foxi

right, you need to do some reading of other threads and the step by step guide.

every settled claim that has been made on here will be 'a goodwill gesture', the banks will never say 'here is the money back from illegal charges we have made on your A/C', if they did , they would be admitting they are wrong.

i doubt they did send a back dated letter either.

IF your outstanding money from them is now only the interest you added, then they are quite within their rights, so far only one claim has been paid where compounded and/or contractural interest has been claimed from start. you dont say if you went to MCOL stage i'll guess its not the 8% of that.

 

now read a few of the smile mails , i think they have closed A/C's before, but if it is retalitory action i think you can sue them.

 

dx100uk

Thanks for the info dx100uk,

i thought that was the case........ regarding the interest. Well, looks like I got my money back then. I will read further threads.

foxi

Hi All,

Can anyone tell me whether a Gesture of Goodwill (GOGW) can be used as part settlement or is this something one can keep, as well as pursue a claim for your full unfair charges?? What shall I do.......... help!

Here's my story so far, I was offered a GOGW from Smile of £800 despite my total charges being £1150. In fact they put the money into my account without my knowledge and I didnt get a reply to my LBA. When I discovered the funds in my account I didnt know why they put this amount in the account with no explanation. I didnt get any correspondance in the form of a letter, phone call or secure message so

I put the £800 into another cooperative linked account but havent touched the money.... is this ok??

Anyway sent a template letter 'Response to their settlement offer' this morning stating that I only will accept the £800 as part payment on the understanding that I will recover the rest through a County court claim if necessay.

When I got home today ..low and behold they sent me a BACK DATED LETTER which didn't correspond with my LBA dates ( all very convenient ) Smile's letter says ...' £800 has been returned to your account as a GOGW and that they will not refund any interest according to their terms and conditions and that they wont refund any charges unless there's a bank error & giving me 30 days to close my account ( thats fine coz' I've another one - hee hee!!)

Can anyone give me some advice. Shall I send a secure message asap telling them to ignore the Response to settlement offer' letter and send another letter stating that I accept the GOGW but that they return all unlawful charges imposed on my account of £1150.???????

foxi