Response to Microfiche ** WON **

[puffa]

Do i include interest on this letter too ?

[puffa]

Ok thx Karnevil

[puffa]

Ok i have sent off my LBA with list of charges.

Should i now buy Small claims Pack?

[moses]

Hi I am at the same stage as you trying to claim my hubbys charges back from the Abbey as I am with mine from Hailfax.

the Haliax were pretty good at sending statements & I've now had a meesly offer from them & about to fill in the moneyclaim

However we haven't got passed 1st base with the Abbey as we haven't had all the statements from them

My point is that most of our charges were in the first few years of the 6 year timescale (when our 4 kids were still at home!) & we don't have as many on the statements we have received so if we estimate them from these statements we wont be claiming enough

also I am getting very confused as to what we actually do after the 7 days letter has been sent who do we complain to for non compliance do we send a letter to court????

hopefully these questions & more will be answered for the very numb of scull like me

many thanks for listening & being very patient x

[puffa]

Hi Moses,

It took the Abbey a long time to send my printouts but hopefully it will be worth it

 

I have had a lot of help on here so just go back throught this thread it may help.

Also on the faq there is a step by step guide.

 

Good Luck

[puffa]

I have just recieved this letter now . Is this a new approach? Have they found a way round paying up full amount?

 

Any ideas or anyone else recieved this one?

 

Thank you for your letter dated 10 September, about the bank charges you have incurred in the past six years. I am sorry you feel these are unlawful.

Having carried out a full investigation, i can assure you the charges are not unlawful and do not contravene the Unfair Terms in Consumer Contracts Regulations.

Therefore, I cannot agree to refund all of them. However, as a gesture of goodwill, I am happy to cancel charges totalling £1,058.00.

 

The regulations say that we must explain our charges in plain language and that we have to act in good faith, which, according to the Office of Fair Trading, means dealing fairly and openly with customers.

 

I therefore reviewed the literature and information you recieved when you opened your account, including the terms and conditions. This explains that charges will be applied if you do not keep to the terms of the account. Because of this, i believe we have been fair and open in telling you about them. The charges were correct, because you did not have enough money in your account to cover the payments requested from it. When i looked at the history for your account i found that, unfortunately, this was not the first time this has happened.

 

I am confident that i have been fair and have taken into account all the points you made in your letter, but if you have any additional points that you would like to discuss with me, please call me on 0845 600 6045. I have enclosed a leaflet about the Financial Ombudsman Service, in case you are not happy with my investigation or decision. If so, you should contact them within six months of the date of this letter, enclosing a copy of it, as they would need this for their investigation.

 

I hope we can work together to help you avoid charges in future. Little things can help, like checking you account balance as often as possible and looking at the dates of direct debits to make sure they are taken shortly after money is paid in. In addition, we might be able to help by providing an increased overdraft facility to give you more flexibility. This could help to keep your costs down, as there are no charges unless you exceed your overdraft limit. So, if you would like to talk to someone about the options available, please call our Telephone Banking Centre on 08459 724 724. Alternatively, if you think you might need longer-term help to manage your bank account, please call 0845 603 9035 and we'll be happy to help.

 

Yours sincerely

Scott Sullivan

Senior Customer Resolution manager

 

Enc. Financial Ombudsman Service Booklet

 

 

any ideas on my next move

 

Thx all in advance

[hagenuk]

There are a lot of things you could write in response to this but, unless you want a penfriend, my advice would be simply to issue a claim at the expiration of the deadline you mentioned in your LBA.

 

If you sent this as you indicated on 27th September, then file your claim no earlier than Friday 13th of October, unlucky for some and in this particular instance for Abbey.

[puffa]

Ok thx will do

[puffa]

Ok im ready to send my N1 but how do i put in there about the payment in good faith that they issued me.

Do i just take it away from the total on the summery of charges or just mention it in the claim

 

Regards )

[puffa]

Hi all,

 

I need help in how do i let the court know abouot the Offer of Good Faith that they paid into my account. Dio i mention it in the N1 claim , if so how do i word it. If not do i just decuct it from the details of charges spread sheet?

 

Please help as i want to place the claim to the court now.

 

Regards

[hagenuk]

I have had charges refunded and I indicated this on my schedule of charges spreadsheet, in your case, as you have received a part payment I would enter it as a figure on your schedule of charges and reduce your claim by that amount.

[puffa]

Thanks Hagenuk ..........

 

So i just fill out the N1 and hand it into courts ?

Or is there some process i have to go through before i hand in the N1 ?

 

Regards

[puffa]

Anyone ?

Please, im stuck....

 

Please, please, pretty please

[puffa]

Ok court is in Action

Just got letter saying The Defendant filled an Acknowledgement of Service on 09 November 2006.

They indicated that they intend to defend all of the claim.

 

Is this normal?

[hagenuk]

Yes, perfectly normal. You will now receive a copy of their defence shortly. Keep reading and use the experience of others here who have done this already.

 

It does become clearer!

[puffa]

Just Recieved the Defence, it is claiming that the fees are lawful as we went over drawn. Getting serious now , amim getting worried for nothing or is this normal?

[hagenuk]

Perfectly normal, I know it's difficult but try not to worry. Keep reading here and elsewhere on the site - you are getting closer now.

[puffa]

Thx Hagenuk, your a star . Yeah have been reading through others but still a little worried

[puffa]

Hi all,

Just recieved an Allocation Questionaire.

Just need a coupleof pointers

 

It asks about experts ? Have i recieved an expert report. I guess i just put no in all and enclose the £100 fee ?

 

Sorry for being dumb

 

Thx in advance

[hagenuk]

Puffa, look here for excellent information on how to fill one of these out.

 

And no, you do not have any expert reports.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[puffa]

Thanks ,

 

Heres goes final leg, hopefully

[puffa]

Hi all,

 

Got a court date today, 19 Feb 2007, Says prelim hearing of 15 mins.

Any Advice would be a great help.

 

Thanks

[puffa]

Hello again,

Just been scanning threads for help and found something i have not done

 

I have not asked for full disclosure

 

Is it too late? and if not what should i send with the letter?

 

Worried now :o

[hagenuk]

It is not necessary to ask for disclosure and indeed disclosure is not usually part of a claim on the small claims track in any case. Keep doing what you are doing, things are progressing as they should.

[puffa]

Ok Thanks Hagenuk

 

For the 15 min hearing do i have to take anything with me?