Help with Abbey and 1st credit

[lindseyb]

Hi all,

 

I hope someone can help I have a bank account with abbey which they have closed for me (after I asked for my charges back) but there is an outstanding overdraft which I've refused to pay as it's fully maded up of charges. I have informed the fos and on numberous occassions have written to abbey to try and sort it and they did agree to repay some of the charges.

 

But after they agreed to this there were more charges about to hit the account so they reversed these. As the charges which were reversed hadn't been added on to the total amount I had asked for back I ended up not being repay ALL the charges. I had a very heated discussion with a guy from Abbey about this and he refussed to add the total charges reversed onto the total I was claiming back, which then ment I still owed Abbey the balance on the overdraft they are chasing me for.

 

Abbey have seens filed a default agaisnt me for said overdraft and have now passed it onto 1st credit. I have writen to 1st credit and told them the account is in dispute and has been for a while. They have now written back to me asking for written proof that there has been a complaint registered with the fos, as Abbey are saying they have no notes on their internal system of my complaint. Do I need to send this? I have on all corespondnace sent them the FOS claim ref number. Also is there anything I can do about the default or them continually chasing me for this debt?

 

I am about to start a claim in the small claims court for the outstanding charges but haven't been able to yet due to not having the cash. I also have copies of letters from Abbey's complaints department that they have writen to me in response to my complaints so have mentioned this in my letter to 1st credit so not sure how Abbey have no record of my complaint.

 

Thanks

[BankFodder]

can you prove that the closure of your account was in response to your claim for charges?

 

It is contrary to the banking code and to the current account contract to take this kind of retaliatory action. You can include this as part of a complaint to the ombudsman or better still in your County Court claim.

 

Furthermore the bank is in breach of their duties when they pass on your account to a debt collector when it is in dispute. Since July 2007 all bank charges related debts are in dispute. Abbey should know this because they are one of the litigants. Therefore by handing your file over in this way they are once again in breach of the banking code of conduct and also the account contract.

 

You should start your claim to recover your bank charges straightaway but also in the claim you should ask the court for an order preventing any further debt collection activity on the basis that this activity while the account is in dispute is a breach of contract.

 

You should write to first credit and point out to them that the alleged debt is comprised entirely of bank charges and that all bank charges have been dispute since July 2007 and therefore this matter is automatically in dispute. Tell first credit that if they continue their approaches to you that you will report them to the office of fair trading as they know full well that they should not be pursuing accounts which are in dispute. You can say to first credit that you know that they have already come under scrutiny from the office of fair trading and that they should take care to conduct themselves appropriately.

 

At the same time write a letter to Abbey and put them on notice that they are acting in breach of the banking code and that you wish to complain to the ombudsman and that you may also include a complaint about their behaviour with your bank charges claim to the County Court.

[lindseyb]

Should I right another letter to abbey and explain this as I have already sent them a letter before action? Also What bits do I need to add into my court claim as, as well as the money back I would really like the defalut removed from my credit file?

[lindseyb]

PLs can someone advise me on what to do???? I have now recieved an allocation questionnaire from the courts which I have to fill in and send back before the 30th dec but not sure what to put. I have filled out most of it but not sure what to put in on the "other information" now that the high courts have ruled against the bank charges.

[alfwithhair]

just knocking this back to the top of the pile, as it relates to court papers you need an answer sharpish, sure someone will answer your question shortly

[postggj]

Did You Get A N1 Court Claim

 

Its A Blue Form

 

You Get An Aq After A Defence Has Gone In

 

Did You Put In A Claim For Charges Or Has 1st Crud Started Court Action

[lindseyb]

no i've i don't think I've had an N1 court claim, no 1st credit haven't started court action I did, haven't heard anything not even had a stay, what does this mean? and what will happen next?

not sure what an aq is?

Edited December 23, 2009 by lindseyb
didn't answer the full reply

[postggj]

Well 1st Crud Have Started A Court Claim

 

The Aq Will Have A Claim Number On It

 

What Court Does It Need To Be Returned To

 

Ime Confused

 

An Aq Is After A Defence

If No Defence

 

Ccj By Default

 

CONFIRM THAT YOU NEVER STARTED COURT ACTION

[lindseyb]

sorry you've confussed me with all ya abbreviation, i'm the claiment and it's in my local court and I did start the court action but that was a while ago but didn't hear anything, all it says on the papers is name of court, claim no, date that everything needs to be returned - 30th dec then at the top allocation questionnaire

[lindseyb]

it says on it N152 notice that a defence as been filed, that's on the covering letter so to speak, then attached is the allocation questionnaire

[postggj]

Did You Use Mcol Or Put The Papers Into Your Local Court

 

Was The Claim Against Abbey Or 1st Crud

[postggj]

The Defendant And The Court Should Have Sent You A Defence

 

Go To Your Local Court And Ask For A Copy

 

Ask Who The Solicitors Are For Corespondants

[lindseyb]

It's in my local court and I sent the papers to my local court using the info from this site. I think I might have been sent a defence but will have to check as I have another one for HSBC but I got sent a "stay" for that 1 from the courts. Do I still need to send this back before the date even if I haven't had a copy of the defence or do I need to put that in the extra info?

[lindseyb]

I have just found the defence filed by abbey, pls can anyone help with what to put on the extras section, I had thought about putting the fact that I'm in finical hardship, and that abbey had initial agreed to refund the charges but then added more charges to the account which is why it is like it is now? Is this along the right lines?

[postggj]

Hi Lindsey

Can You Post Up The Defence From Abbey

[lindseyb]

Yea it's a few pages long, but will have to do it in the morning. How important is their defence? What kind of things is the judge looking for in this questionnaire? Panicking slightly now as not really sure what to do and haven't got much time left, although I was planning on taking to the court rather than posting so I know it's there

[postggj]

Dont Worry About The Aq

Thats Just For The Judge To Decide If Small Claims,thats Below 5 K Or Fast Track ,thats Over 5 K

 

Post Up The Defence And We Can Then Go Through It To Refute Things

[lindseyb]

The fisrt one had got a bit jumbled so i've re-done it. This should be fine now.

 

 

 

http://s384.photobucket.com/albums/oo282/lindseyb31/abbey%20defence/

Edited December 27, 2009 by lindseyb
wrong link put in

[lindseyb]

Try again the last one had got a bit jumbled.

 

abbey defence pictures by lindseyb31 - Photobucket

[lindseyb]

I have to take the AQ back to the court today really as it has the date of the 30th on it. Should I just put a basic outline of what I have done to try and resolve the situation ie i'm in hardship and the account is only charges and I couldn't pay etc??? Pls can someone help is this along the right lines???

[lindseyb]

Ok AQ has been taken to the court so fingers crossed xxxxxxxx

[lindseyb]

I have now recieved this letter in the post today, which looks like a standard letter sent out and is very similar to one I've recieved from HSBC for the same thing. Do I need to reply to this or what and here back from the court?

[lindseyb]

abbey response pictures by lindseyb31 - Photobucket

 

letter from abbey

[lindseyb]

I haven't heard or done anything about this still last yr, when I recieved a letter from the courts saying it was "stayed" until June. I then still hadn't heard anything so thought no news was good news! I did however keep getting statements from Abbey every month with £50 worth of charges added on to the debt, which is completly made up of charges.

 

I have now got a letter from Abbey saying they wrote to the court on the 17th Dec requesting an "Unless Order" and has sent me copies of the letter, Copy of the proposed Unless Order, and summary of the supreme courts judgment.

 

I would really like some help because I'm not sure what a Unless Order is? Also if there is anything I can do about it? The balance Abbey say I owe now is well over a £1000 which is purely made up of their charges as I haven't use it for nearly 2 yrs. I am and have been for the last yr in financial hardship and have struggled to pay most of my bills, although setting up payment plans I am still behind on some major bills. Can I write to the court and explain my situation and how unreasonable Abbey have been as I have explain my situation to them in the beginning, and should Abbey have continued to add charges each month even when the case was "stayed"?

[lindseyb]

sorry to bug guys but I wondered if anyone could help me with the "Unless order" Abbey have now sent to the courts, I only had 6 wks to reply and I'm really struggling, please, please, please could anyone help I only have 2 wks left to reply.

 

Thanks