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Taking my first steps towards making a claim - **IT'S WON!!!**


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Hi there,

 

Well its the 12th April, and guess what I did get correspondence from Abbey in this mornings post. I opened the letter thinking they may have sent me a cheque (ha,ha) however, this is what the enclosed letter said :-

 

--------------------------------------------------------------------------------

 

Dear Mr Dunlop,

 

I have just received details of your complaint and I am sorry to hear that we have not yet been able to resolve your concerns. One of my team will look at all the relevant facts, review any paperwork and talk to the people involved, so that they fully understand the problem.

 

I know it is important to you that we resolve your complaint quickly. However, we want to do a thorough investigation and this can take time. We will investigate your concern fully and reply to you within four weeks.

 

Although I do not know what the outcome will be, I do hope that we will be able to find a solution that you are happy with.

 

Yours sincerely

 

 

Dawn Hoyle

Head of Compliants

--------------------------------------------------------------------------------

 

Ooops !!! to late times up.

 

The claim form will be completed this evening and all being well I will take it to the court myself tomorrow.

 

Any help in filling in the claim form will be much appreciated.

 

Regards

 

Tim

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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Hi there,

 

I have now completed the claim form.

 

I will be taking it to the court in person so I have worked on the N1eng.pdf link in the library section.

 

I cannot post a copy of the claim form here, but I have copied some of the text.

Please if you have got this far or further read through my text and see if it is ok.

 

--------------------------------------------------------------------------------

 

Section: - Brief details of claim

 

The action is on the grounds that:-

I have a contract with the defendant bank dated 26/05/04 and which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 2 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

I have repeatedly asked the bank to justify their charges but they have declined to do so.

 

Section: - Value

 

The total bank charges taken in the period 26th May 2004 to 27th November 2005 of £3841.00 plus overdraft interest of £151.44. I am also claiming interest on the bank charges of £292.42 this is calcualted at 8% as allowed by s.64 the County Courts Act (1984).

The total value of the claim is £4284.86

 

Section: - Particulars of the claim

 

1. The Claimant has an account *Acc No* ("the Account") with the Defendant which was opened on or around 26th May 2004

 

2. 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.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. 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 Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3841.00 and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

--------------------------------------------------------------------------------

 

What do you think ????

 

I will also be including a copy of the spreadsheet with the charges and interest worked out. Do I need to include copies of the letters I have sent the bank ???

 

Any help would be useful.

 

Regards

 

Tim

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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Hi there,

 

Thursday 13th April, and yet another letter from Abbey.

This one reads:-

 

--------------------------------------------------------------------------------

 

Dear Mr Tim Dunlop

 

As you know, we are currently investigating your complaint that you raised with Abbey four weeks ago. I am sorry for the delay you are experiencing and I would like to take this opportunity to thank you for your continued patience.

 

Our research is taking longer than expected because we want to make sure a full investigation is done. If we are unable to complete our investigation beforehand, we will write again in four weeks time to let you know how we are getting on.

 

I am sorry that it is taking longer than originally thought and would like to reassure you that your complaint is very important to us.

 

Yours sincerely,

 

 

Dawn Hoyle

Head of Complaints.

 

--------------------------------------------------------------------------------

 

Is this a deliberate stalling tactic from the Abbey ?

I can only assume their 'research' is them trying to find away out of my complaint.

 

Am I right in thinking I should still continue with my claim at the court which was to be filed today ??

 

Regards

 

Tim

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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Ignore the Abbey letter.

 

Your claim is OK but the S.69 statement doesn't give the daily calculation. You should give the total interest at the date of the claim plus interest at 8% at a rate of 0.xxpence per day until judgment.

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Hi there,

 

Thanks for that. By my calculation the daily interest on £3841.00 will be £0.85.

 

So I will re-word the claim to read: -

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3841.00 and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act at the rate of £0.85 per day until judgement.

 

Is this correct.

 

Regards

 

Tim

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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But you have put the total of interest until the date of the clim now.

 

It should be something like:

 

claim £XXXX plus £xxx interest at 8% untilXXXDATE OF CLAIMXXX plus interest contiuinuing at the same rate at 0.xxpence perday until date of judgment pursuant to s.69 blah blah.

Roughly that but neater.

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Hi there,

 

Amended version now reads:-

 

5. Accordingly the Claimant claims:

 

a) The return of the amounts debited in respect of charges in the sum of £3992.44 plus £292.42 interest at 8% until 13th April 2006 plus interest continuing at the same rate of £0.85 pence per day until date of judgement pursuant to section 69 County Courts Act

b) Court costs.

 

 

Hope this is correct as I am going to the court later today.

 

Regards

 

Tim

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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Good Luck Tim !

 

I'm still at the 'waiting for statements' stage with abbey so not as far down the road as you are, but all the best, look forward to reading your update!

Abbey claim: £972.00; Req for Refund letter sent 22.05.06

HSBC claim: sorted!

Citibank credit card claim: sorted!

Abbey/MBNA credit card: sorted!

Smile credit card: 2nd LBA sent 09.06.06

Capital One credit card: sorted!

..........................

Parachute deployed and everything moved ... GO GET 'EM !!

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Finally :rolleyes:

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Hi there,

 

Just returned from the Court.

 

They were SHUT !!!!!!

 

Checked the opening hours on the website before I went, but according to a sign on the door they have closed today at 12 midday until 10.00am on Tuesday due to the Easter holiday.

 

Just my look.

 

Oh well looks like I will have to wait until Tuesday.

 

Regards

 

Tim

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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Hi there,

 

Went to the court this morning and filed my claim.

The court officer said the claim would be processed and served today.

 

I will ring them tomorrow for a claim number.

 

Hold on for the ride !!!!!

 

Regards

 

Tim

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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Hi there,

 

My claim has been filed and served and I now have a claim number. Waiting to see if Abbey contest the claim or fail to file a defense.

 

In the meantime I have received another letter from them this morning dated 18th April 2006. This one reads as follows: -

 

--------------------------------------------------------------------------------

 

Dear Mr Dunlop.

 

Thank you for your letter of 29th March 2006. I have now looked into your complaint. I have tried to contact you unfortunately I have been unsuccessful.

 

I am sorry we have given you cause to complain in relation to charges incurred on your Abbey Current Account *******.

 

I have carefully considered the points you have raised, namely that you feel the charges are contrary to common law, statue and recent consumer regulations. The fact remains however that the charges in question were prompted by payment requests against insufficient available funds. As such they are valid and in line with our Terms and Conditions. Furthermore, having reviewed the history of your account, I can see this is not the first time you have incurred charges.

 

I note you say you are unhappy with the charges you have incurred over the last two years. If you felt at any time the charges were unfair or incorrect, then the matter should have been raised at that time.

 

As my colleague Jackie Hammond wrote in her letter dated 24 March 2006. We do not feel that Abbey's charges are unfair under these regulations. When you opened the account with Abbey, you were provided with Terms and Conditions that detailed the charges that become applicable should you breach the terms of the account. Abbey is up front and transparent about all its banking charges as set out in the tariff of charges.

 

Abbey's Current Account is good value and our charges compare fairly with other Banks. For most people, banking is free and they do not incur penalty charges.

 

If the complaint escalates into a claim in the County Court, we'll review each case individually and if we feel that our relationship with our customer has broken down completely, we may decide to give notice to close the account under the terms and conditions.

 

I am aware you currently have a Manage Down arrangement on your account with our Debt Managment Operations Department (DMO), which started on 7 November 2005. I feel we have done everything we can to help you reduce the debt on your account and do not feel it would be appropriate to offer to refund the charges you have incurred over the past two years.

 

This is my final resolution letter. However, if you would like to discuss the content of this letter or have any new points you believe should be taken into account,and which may make a difference to the outcome of the investigation, please contact me within 14 days of this letter on the above number. If I do not hear from you by then, and you have not asked us to extend the deadline for any reason, I will file my papers accordingly.

 

Should you be dissatisfied with the outcome of our investigation, I would like to remind you that you can refer your complaint to the Financial Ombudsman Service. I enclose a booklet explaining how to take your complaint to the Financial Ombudsman Service, and should you wish to do so, there is a time limit of six months from the date of this letter.

 

The Financial Ombudsman Service contact details are:

 

Financial Ombudsman Service,

South Quay Plaza,

183 Marsh Wall,

London,

E14 9SR.

 

Telephone number: 0845 080 1800

Facsimile number: 0207 964 1001

E-mail address: [email protected]

 

Yours sincerely

 

Mrs Anna Brassington

Senior Customer Resolution Manager

Complaints

 

--------------------------------------------------------------------------------

 

At least this letter was hand signed and looks to be written by Mrs Brassington and not a straight forward automated reply.

 

I don't know why she has said 'I have tried to contact you unfortunately I have been unsuccessful'. The bank have my mobile number and they have never rung me on this.

 

This will not change my cause of action.

 

They have 14 days from 18th April to file a defense.

 

Any comments from members of the group with regard to this letter.......

 

Regards

 

Tim

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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Hi Tim,

 

Following this with interest as I'm about 4 weeks behind you. After waiting a while for statements my first letter went yesterday - recorded - expecting similar letters back as you.

 

Keep us informed mate and good luck.

 

Stebiz

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Hiya Tim :)

 

Hope its all going ok .. I'm about two weeks behind you, Abbey have another 15 days to provide me with computer print-outs/statements request made under my DPA letter - on Friday I just had a delaying letter from Pam Speed with the usual blah blah .. but am keeping to my deadline so I think I will be filing a claim in two weeks time!

 

Good Luck - keep us posted on what happens next, ;)

 

xx

 

p.s. and that letter ... what a load of old tosh ! I think I'm beginning to hate Abbey more and more as the days go on ....!!

Abbey claim: £972.00; Req for Refund letter sent 22.05.06

HSBC claim: sorted!

Citibank credit card claim: sorted!

Abbey/MBNA credit card: sorted!

Smile credit card: 2nd LBA sent 09.06.06

Capital One credit card: sorted!

..........................

Parachute deployed and everything moved ... GO GET 'EM !!

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That is their standard response letter. They obviously hope that it will scare you off with particular reference to the bit about closing your account. It may well have been signed by an individual but don't read anything into this.

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quote=Tim Dunlop]Hi there,

My claim has been filed and served and I now have a claim number. Waiting to see if Abbey contest the claim or fail to file a defense.

 

In the meantime I have received another letter from them this morning dated 18th April 2006. This one reads as follows: -

 

--------------------------------------------------------------------------------

 

Dear Mr Dunlop.

 

Thank you for your letter of 29th March 2006. ..........

 

.........Abbey's Current Account is good value and our charges compare fairly with other Banks. For most people, banking is free and they do not incur penalty charges.

 

 

Hi there

 

Just been looking at your post as (am a Nationwide claimant) I was considering opening a 'parachute' account with Abbey. However, might just rethink that one! Anyhow, I wonder if there is something I am not getting here (and I truly hope this doesn't count as hijacking a thread as it directly relates to this post???). My understanding of what we are all doing is based on the fact that the banks are charging penalty charges rather than covering their costs. And here in this letter to their customer, they refer to them as penalty charges. Is this not major?

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Hi there, just spent last 10mins reading your posts, and you sound like exactly my story. i have been an account holder since 1996(I think) I was onnly 13 when I opened theaccount. I'll start a hread and see how they manage our cases. Good Luck

Thursday 27th April:Abbey DPA Sent

Friday 28th April: Arrived at Milon Keynes and signed for.

Countdown:13th June 2006

Baby due: 29th May 2006

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Hi there,

 

Just a quick update for anyone thats interested.

I received my form N205A (Notice of Issue) from the court a few days ago.

It states that the claim was sent to the Abbey on 18th April 2006 and it was deemed to be served on 20th April 2006. Abbey have until Thursday 4th May to reply (tomorrow).

 

I contacted the court when my N205A arrived and the clerk told me the defendant has until 4pm on the 4th May 2006 to issue a reply. I will be contacting the court again tomorrow to see if they have had a reply, because I have not heard anything from the Abbey. If nothing by 4pm then I will be at the court first thing on Friday to request a judgement.

 

Regards

 

Tim

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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I've been following your thread with great interest as I am only two weeks behind you. I am due to place the claim tomorrow.

 

Do you not win by default after fourteen days? I am not sure what you mean by you are going to "request a judgement". Not a clue on all the legal terminology!

 

Anyway good luck and keep us posted.

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Hi there,

 

Well today did not go entirely to plan.

I was hoping Abbey would not file a defence and that I would win the claim by default. No such luck, although having read the thread today from Neilp with regard to winning claims by default, Abbey would have probably used the excuse that they had not had the paperwork and applied to the court to have the judgement set aside.

 

I spoke to the court at 10.40am this morning and was told no defence had been filed by the Abbey, I decided to wait until just before the court closed at 4pm before confirming this. I rang again at 3.50pm and was told that no defence had been filed (at this point I am beginning to think I had won), however the clerk did tell me that Abbey had filed an acknowledgement of service on 28th April 2006. The fact that they have filed an acknowledgement of service buys them another 14 days from today (28 days from date of service). This means Abbey now have until the 18th May 2006 to file a defence, or admit the claim.

I suppose this is good in a way as they cannot now use the excuse that they have not had the paperwork.

 

Does anyone have any advice on what to do, or is it just a case of sitting tight ?

 

Regards

 

Tim

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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Sit tight Tim, ball's in their court - scuse the pun!

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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Good Luck Tim, disappointed to get to the end of the thread and now have to wait for the next installment. last time i felt like this was at the end of LOST Season 1 (what's down the hatch??)

 

I have today started looking into making a claim against Abbey, i have statements going back nearly 2 years but have been a customer of Abbey all of my working life so far (about 20 years). i decided to scan my statements for safe keeping and to save space, PC died (yes i did back it up) but the backup is in that really safe place i'm sure we all have ..... you've got it, i cant find it!

 

do you think it's worth me requesting copy statements going back or should i stick to the couple of years that i have (haven't done the final calculation but around £2500)

 

Also could this same principle be applied to closed account's i once had a woolwich account (i still have the statements for this one) which might be worth a claim if it can be done.

 

Best of luck

 

Dean

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