philread1 v Abbey ** WON ** fast track with costs

[lesser1010]

revenge will be sweet phil when they capitulate and pay up

les

[bish]

Just put in my claim 30/08/06, the only offer I had was for £50 way back when I first sent a letter of complaint in June, so you are doing well. Did not receive any response to my LBA, so claim went in 14 days later. Best wishes.

 

Regards bish.

[lesser1010]

had a further offer from abbey phil,they upped their offer by £500.i told them i aint playing unless they offer the full amount.solicitor time methinks.boost abbeys bill a bit.

[philread1]

Hello Everyone

 

Just started to get on with my moneyclaim form, all looks OK. Had to shorten bankfodders example down due to the bit you have to add on to state about the 8% interest I want back off them!!! I just knocked the first line off that lets them know how long you've had a contract with the shABBEY and under its T&C's. Hope I was alright in doing this, please tell me if this needs to be put back in!!!

 

Anyway, now I've got to spend the weekend cadging the £250 fee off someone to pay for it!!!!!!!! If I could play an instrument and sing I'd go busking in London, but never mind, I'll just have to soften my Dad up!!!!!!!!

 

Hope everyone's keeping their spirits up. My moneyclaim WILL be sent first thing Monday morning, at least it has given them a few days extra to give in to my request(NOT)!!!

 

Phil:)

[psingers]

Hi there,

Hope all goes well with your claim,

just about to start mine.

 

Paul

[philread1]

Hello Everyone

 

On my moneyclaim form, does the amount claimed include the section 69 interest or just the amount of the charges that I am claiming?

 

ie. Amount claimed - £10,000 or £10,000 + £2300(s69 interest)

 

Sorry if this seems a stupid question, but just want to get it right!!!!

Phil

[Glenn UK]

i believe sec 69 interest is excluded but contractual rate is included.

 

So sec 69 no,

 

HTH

 

glenn.

[philread1]

Thanks, Glenn!!!

[philread1]

Hello Everyone

 

Just to update, I completed the moneyclaim form yesterday, 15th Sept. I'm away in Inverness at the moment so I should hear back about it by the time I get home on Wednesday.

 

Also, I must'nt forget to buy them chocolate coloured trousers I saw down the market to wear for the coming months, when the going gets tough!!!!

 

Keep your spirits up!!!

Phil:)

[Glenn UK]

PHil

 

I submitted my first N1 for abbey, charges from 97- 01 and 05-06 on the 15th too. The charges are relativley small but by the time you add contractual interest its not too far off multi track!!

 

So looks like Abbey will get our claims probably on monday. should make them smile.

 

Be interesting to compare leeters as and when we recieve things.

 

Oh my wife just siad approx 25ks worth of claims on one day, we wonder how many other claims they wil recevie monday?

 

Best of luck

 

Glenn

[philread1]

Hello Glenn

 

Yes, it will be interesting to compare. I'm glad I've got the court claim in now, even though the £250 did hurt a little!!!!

 

I'll keep everything posted and keep you informed as to the progress.

 

Phil:)

[Guest lobster]

tell me about £250 ouch!!! my AQ goes in tomorrow for £9k odd so abbey will have an interesting day tomra ha ha ha

lobster

[Glenn UK]

but i understand that the listing fee is 275 !!!

 

I had a thought can we add interest on the costs?

 

GLenn

[traceyrmj]

The simplest course is to split it. Start from 6 years ago and add up the charges till they reach £5000ish. Only when that claim is settled,do you issue a 2nd claim for the rest.

 

sureley tho if they offer you the full amount in full and final settlement you have to be well clear on the dates they are settinglig for or you may find you have shot yourself in the foot re claiming the over and above £5k charges IYKWIM?

[philread1]

Hello Tracey

 

My claim based on statements I have in my possession since Dec '03 comes to over £5000 anyway, in my opinion the estimate I have given to the shABBEY is very accurate!!!! It may work out that the shABBEY will be better off than if they give me the rest of the info and I find out they owe me more, but that is the risk I take, based on my estimate.

 

Phil:)

[philread1]

My claim was issued by Moneyclaim today, I'll give it a couple of days to see when it was served. They then have 14 days to put up a defence.

 

Phil:)

[Michael Browne]

14 days to acknowledge, if they do then 28 days from original date of service to defend.

[Glenn UK]

I thik Phil knows its not 'if' they acknowledge, but when, typically a few days after the due date.

 

At least thats what im expecting.

 

Glenn

[philread1]

Hello Everyone

 

Good news & bad today.

 

The Good News - Well I received a complete list of transactions on my account this morning, from the a date I asked 31/7/00 - 26/4/05.

 

The Bad News - My estimate was way out, instead of £10,000, its now £6612!!!

 

Never mind, I expected the real amount to be in the region of £7-8000. At least now I can get on with my claim, and now I know what it really is.

 

Seems a bit of a coincidence how I received all these printouts at about the same time they would have been served with the papers from the court on my claim!!!!! The shABBEY are full of coincidences, are'nt they;) !!!!!

 

I'll have to adjust my claim now to suit, but never mind, it'll all be worth it in the end, and it will start to get me onto the straight and narrow. My account looks like it was OK until they started charging these disproportionate penalties on our a/c, and it just seems to have snowballed from when they started hitting me with them.

 

Thats all for now, Keep Up The Fight!!!!

Phil:)

[Glenn UK]

The good point though is to know that your claim wont be estimated and so should it get to court there is less of an excuse for them to argue against your claim.

 

Any good luck,

 

Glenn

[lesser1010]

you'll have to ammend your wish list a little bit phil but it's still an awful lot of money they have unlawfully taken from you.

[philread1]

Hello Everyone

 

I am having to amend my claim due to the change in the total amount I am now claiming, because as soon as shABBEY were served with my claim, they sent me the remaining statements that I was missing, so I don't have to estimate any more. The only thing is, its going to cost me £35 to change it, which you can't clim back!!! This may be another delaying tactic by the shABBEY for you out there that are estimating and are still awaiting the rest of your info, and it cost's you £35.

 

Anyway, with regards to changing my claim form, I phoned moneyclaim, and they told me to fill in a blank N1 form with the same info on as the last claim form but to put the changes in red & underlined, and to send it off with my £35 to them in Northampton. Does this sound about right, to you that have had to change details on a claim before?

 

Phil:)

[pugsley]

I think you use form n244, just checking it again

[pugsley]

foudn this on the thread below

 

 

N244 Application Notice form

 

PART A

 

would like to ask the court permission to amend my claim xxxxxx deemed served on RBS 7/6/06.

 

because

 

-a miscalculation on penalty charges incurred

-a further £50 of such charges incurred

-i seek to include interest payable pursuant to section 69 county courts Act 1984.

 

Part B

 

I wish to rely on: tick one box

 

- the attached (witness statement)

- my statement of case

- evidence in Part C in support of my application

 

I was going to tick box C

 

Part C

 

I wish to rely on the following evidence in support of this application:

 

please refer to attached schedule of charges as well as amended particulars of claim

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/16576-me-rbs-vengence-4.html

[Glenn UK]

Hello Everyone

 

I am having to amend my claim due to the change in the total amount I am now claiming, because as soon as shABBEY were served with my claim, they sent me the remaining statements that I was missing, so I don't have to estimate any more. The only thing is, its going to cost me £35 to change it, which you can't clim back!!! This may be another delaying tactic by the shABBEY for you out there that are estimating and are still awaiting the rest of your info, and it cost's you £35.

 

Anyway, with regards to changing my claim form, I phoned moneyclaim, and they told me to fill in a blank N1 form with the same info on as the last claim form but to put the changes in red & underlined, and to send it off with my £35 to them in Northampton. Does this sound about right, to you that have had to change details on a claim before?

 

Phil:)

 

Phil

 

i was under the impression you could reclaim the £35 when its down to the banks failing to provide the statements in a timely manner.

 

Glenn