Nimrod10 v ABBEY ****WON****

[Nimrod10]

Hi

I will need to issue court proceedings against Abbey next week (first of 3 claims). The total claim, without 8% interest comes to below £5000 but goes over £5000 with statutory interest added. Can it still be dealt with as a small claim?

 

Also as I am claiming for a full 6 year period and have just received another charge for bank charges taking me over my authorised overdraft limit. Do I have to recalculate my claim prioir to completing Court forms e.g. original claim to Abbey from March 2001, will this have to be amended to claim form April 2001 as it will be for more than 6 years when I claim?

 

Very frightened

 

Lesleyp

[Glenn UK]

re the interest and whether its small claims or not.

 

The court fee will be determined by the total value of the claim inlcuding interest.

 

The allocation to the small claims court or otherwise doesnt take account of the interest.

 

I would add the new charges to yuor claim and revise the schedule of charges.

 

If you wish to try to claim back the charges odler than six years go for it. I claimed back charges from 1997. Abbey will likley argue the toss, but they are unlilkey to actually go to court ovwer it.

 

If they do decide the defend the charges older than six years then you can just wave them and leave the rest of the claim in tact.

 

HTH

 

glenn

[Nimrod10]

I've just completed my N1, following all the fantastic suggestions in the forum (many thanks to all contributors) and then have found that Abbey have refunded 9 seperate charges totalling £240 today.

 

It's only a drop in the ocean compared to the £5000+ I'm claiming but I'm wondering if it's a tactic to ensure my claim is for the wrong amount so Abbey can dispute it!

 

I'm writing to them to accept the £240 in part settlement but should I change my claim before I now submit it to the court? Thought I would change the amount to be claimed and add a statement to the bottom of the list of charges to the effect that I am reducing my claim by £240, the amount refunded today, as Abbey have only refunded it as miscellaneous fee refund so I can't remove a specifically itemised charge. The court clerk thinks this will make it clear to the judge but I need to be sure as the local judges have been asking papers to be resubmitted if errors are apparent.

 

LesleyP

[Nimrod10]

Hi

I've spoken to Abbey for an explanation of the fees refunded to my account today. All they say is it's a goodwill gesture from the Complaints Department but I haven't had a letter or any other contact. Total refund £240 against a claim of £5050 - obviously I don't want to accept can anyone help with a refusal letter or a partial acceptance. All those I've looked at refer to letters etc. If I accept as a partial refund and state my intention to continue to Court will they take the money back out of my account?

 

Lesleyp

[JAMES33]

Hi Lesley, have you looked in the templates section? Don't forget you can alter the letters to suit your particular situation, you could just change the references to letter for refund. I believe that they could possibly take back the goodwill payment if you do reject it as full and final settlement but I'm sure I've read of instances where they haven't, in fact I'm sure in some cases they seem to have forgotten about making a GOGW at all and some have received a settlement offer in the end for the whole amount of their claim despite receiving a few hundred pounds in the form of a GOGW. Anyway, Good Luck with your claim, my claim is also for over £5000 but I haven't received any kind of GOGW payment:(

[Nimrod10]

Can anyone advise please???

[mazamarie]

Hi Nimrod,

 

They did the same with me - refunded several "miscellaneous" charges, I have read conflicting views on how to debit the refunds from the schedule.

 

I've just read a post saying to deduct the amount from the total of the claim after all the charges and interest, so that it doe'snt mess up your interest...

 

I think that makes most sense, rather than doing as I was advised and putting the refunds into the schedule in date order before the total of charges and interest..

 

Thats what I've done and My N1 is well on its way so I will just have to leave it like that..

 

Hope that helps a bit..

 

Maz

[Nimrod10]

Hi Maz

 

I've decided to deduct the amount from the schedule of charges by adding a note saying that as the charges are miscellaneous refunds I am unable to directly attribute them to a specific date. I am not deducting anything from the interest as I have only claimed interest up to the date I sent my first letter.

 

Am currently amending the figures on my N1 and will submit it today.

 

Cheers

Lesleyp

[Nimrod10]

Hi.

I submitted my AQ on 8th June but not got anything back yet so I thought I would start preparing my court bundle. I've downloaded loads of templates - thanks to you guys for sharing. However, I'm personalising a Statement of Evidence and am struggling a bit as in the Defence Abbey have sent thay do not rely on charges representing a fixed price contractual "service" but merely state that I am liable to pay fees in accordance with the Tariff of charges. They are denying that the fees are penalty charges but are in fact proportionate to the adminstrative charges incurred and a genuine pre-estimate of the damage suffered by the defendant.

 

The bundle I have copied was from a Lloyds Bank case does anyone have one relevent to an Abbey case as clearly their defence is different and most of the statement of evidence is inappropriate. I need stuff to prove that the fees area penalty charge and that they are not a true representation of the actual damages incurred.

 

Losing sleep over this now!

 

LesleyP

[Robdblynd]

http://www.consumeractiongroup.co.uk/forum/abbey-bank/52494-read-now-if-you.html

 

Have you looked in here? It has the basic bundle you'll need and all the case law etc that is relevant. The only thing you won't need is the SOGA info cos Abbey don't disguise their charges as 'fees for service', in their defence document they clearly call them pre-estimate of loss or liquidated damages.

[Nimrod10]

Thanks for the tip. I've found the right Statement of Evidence and have got copies of everything in support. Might sleep a bit better tonight!

 

Lesleyp

[Nimrod10]

Filed my 210 pages of evidence on 6th July and delivered to Abbey on 9th July. Furious that I haven't had anything from Abbey and looks like they will miss tomorrow's deadline because of the postal strike!

 

I've prepared a letter to the Court to ask for a strike out due to non-compliance with order, should I be doing anything else such as talking to Abbey. I haven't started negotaiting a settlement as I'm happy for the courts to do that.

 

Lesleyp

[marmite-girl]

Hi Nimrod.. im at a similar stage to you.. submitted my bundles yesterday (court date 10th August)

 

I emailed Inga Kirkman (Inga.Kirkman@ash urst.com) to ask if they would be willing to try and settle before going to court.. the most they have offered so far is the actual amount of charges plus court costs.. no interest! I think this has been fairly standard of late.

 

Been trying to haggle a bit.. but they wont budge, saying its not commercially viable to offer any more.. so I am willing to see it through to court, my bundles are done and in so its just a waiting game.

 

It could be worth sending an email.. nothing ventured and all that!

 

Ive turned a bit stubborn over it all now, as they have just been dragging their heels - I too can drag mine!

 

Best of luck - have a butchers at my thread and see if any of it is similar.

 

Marmite x

[marmite-girl]

hello nimrod10 - hows it going.. anything from Abbey yet.. did they miss the deadline? what happens next then?

 

I have submitted my bundles at the end of last week, abbey received theirs yesterday (thanks to the postal strike) - I also emailed them a spreadsheet of my wasted costs, which added £400 to the total bill!!

 

all gone a bit quiet on the abbey front now.. will leave it a few days then email again.

 

Marmite x

[Lula]

Nimrod, is there any word on your case yet, did they file as per the order on time, what was the order out of interest?

[Nimrod10]

Hi Lula

 

The order was a General Form of Judgement or Order which n otified both parties of allocation to the Small Claims Track.

 

It applied standard directions including exchange of bundles by 4pm on Friday 13th July.

 

Nimrod

[Lula]

and did they send you a bundle? I bet not so check with the court and then send a letter stating that they have not complied with the court order and you are requesting judgement in your favour,

 

Basically, if they havnt submitted a bundle, you have won WOHOOOO

[Nimrod10]

Great news! Did not recieve their bundle and was preparing a letter for the Court asking for a strike out due to non-compliance of bundles, but today on the post I received a letter offering full settlement without strings!!!

 

Checked the figures in their breakdown and they had deducted their goodwill offer twice and had not included my AQ costs. Rang Inga but she is away so spoke to Ronan who APOLOGISED for their miscalculation and immediately put a further request in for another £340 - total won £5137.75 - HURRAH!!!

 

Many thanks to everyone who contributes. It took a while to prepare my bundle but when all 210 pages were neatly indexed and filed it looked great - I hope it frightened them into submission!

 

Nimrod

[Lula]

CONGRATULATIONS, very well done indeed!!!

[ICY]

CONGRATULATIONS

 

But just one thing, think there has been a problem in you making your post and some words have got mixed up, surely to goodness i cant be reading this right RONAN APOLOGISED Well done you

 

 

Rang Inga but she is away so spoke to Ronan who APOLOGISED for their miscalculation and immediately put a further request in for another £340 - total won £5137.75 - HURRAH!!!

[Lula]

LOL only cos Inga isnt around to slap his head up for doing it

[Nimrod10]

No, No, No, it is correct but I think he was only apologising for the £340 underpayment not for the fact that Abbey are putting its customers through hoops. He also indicated that the reason they had settled was because they couldn't handle the number of claims....good!

Nimrod

[ICY]

They would be able to handle them if they didnt make such an arse of themselves trying in vain to drag it out for eternity, i am amazed you got ANY form of apology from them, hopefully they will get there butts into gear and pay more out soon

 

Awww bless e they cant cope, dont we all feel sorry for them

 

 

 

 

 

 

 

NO lol