Oh dear Abbey - what ARE you up to!

[jburchell]

Good old Abbey. Not only did I receive a computer printout a couple of weeks ago of the last 14 months worth of transactions on my account, I've also received today 14 INDIVIDUAL envelopes - each containing one duplicate statement plus another printout with about 4 transactions on it!

 

No wonder they have to charge so much in fees with a Royal Mail bill like that!

[Lula]

They really are a Wunch aint they

[jburchell]

Well, I'm now up to the stage where I'm about to file my claim against Abbey, having received no response to my original request and my LBA. I've drafted my claim online and (including my estimate for the months that they haven't provided to me) the interest pushes the amount I'm claiming to a few hundred quid over £5K! The claim itself is for just under £4K so presumably I'm still OK to follow the small claims track am I?

 

Also, I've used the standard wording for this claim as per the FAQ and the previous claims that I've successfully won. Does anyone have any advice for additional words to put in against Abbey bearing in mind there are estimated charges in this claim and the slippery way that Abbey seem to be behaving?

 

Thanks in advance!

[jburchell]

Can anyone give me some advice please? I've searched the forums for answers to no avail. I'd like to submit the Moneyclaim tomorrow if possible.

[Lula]

HiJ Buchill, are you looking for wording for mcol? if so :

 

The claimant has an accountXXXXXX with

the defendant since XXXX until the

present date.Between XXXX and XXXXX

the defendant made various deductions from

the account in respect of unauthorised

overdraft fees and 'returned payment' fees

If the defendant is able to establish that

the contract between the claimant and the

defendant did contain terms purporting to

entitle the defendant to levy these

charges, the claimant will contend that

they are unenforceable at common law, being

penalty clauses rather than being

liquidated damages clauses. The claimant

claims from the defendant a sum equivalent

to the total amount unlawfully debited to

the claimant?s account during the above

mentioned period, being £XXXXX The

claimant further claims interest pursuant

to s69 of the County Courts Act 1984 at the

rate of 8%pa, being the sum of £XXXX and

interest at the same rate up to the date of

judgment or earlier payment at a daily rate

of 0.00022%. Plus the court fee.

[jburchell]

Thanks for the response but I'm looking for some specific advice on wording that I could add to my claim against Abbey from people who have submitted claims incorporating estimated amounts.

[jburchell]

Thanks Karn. Did you file a separate DPA non-compliance? I've got a few to do now!!!

[jburchell]

I've had a letter back from Abbey today in response to my LBA. It's only taken them a month to respond!

 

Very kindly, they've offered me £199 as a 'gesture of goodwill'. Not a bad offer I suppose as I'm only after about £4K. Do you think I should accept?

[Lula]

Accept it in part payment and persue for the rest, mean owd snatch pastry's!!

[jburchell]

Received DLA Piper's defence in the post yesterday. It looked pretty standard stuff so I'll await the Allocation Questionnaire!

[jburchell]

I wish my local court would hurry up and sort out a hearing date for me. Been waiting for about 6 weeks now!

 

It's shocking really. From the Claimant's side (ie. my side), I'm at the mercy of the courts for my money and from the Defendant's side (ie Abbey) all this additional delay is costing them extra interest!

 

HURRY UP COURT!!!

[jburchell]

Yes I have - I phone them every week and get the same "but we've only got one judge and if he's off, they don't replace him with another one and things just build up". It's maddening.

 

I've just had a hearing date for another claim that I sent an AQ for in mid September so they're slowly catching up...

[AppleCrumble]

aw poor you!

 

But remember, your money is earning interest in the meantime!!!

 

I don't think any of my claims are at all likely to get settled before Christmas (only jsut sending off prelim letters now) - certainly not Abbey anyway!!! - and I've decided to think positive about it ... if I get any dosh now, I'll only spend it on Christmas so better to get it later !

 

hell, 8% is better then the bank eh?

[AppleCrumble]

ps what't the betting your judge has gone off with exhaustion from dealing with bank claims!

[bish]

I must admit an 8% return on your money is better than a savings account, must be heart breaking for the banks.

 

Regards bish.

[AppleCrumble]

:D makes a change to be laughing all the way to the bank as opposed to crying all the way from a bank

had a surreal evening going through my statements going 'yipee!' everytime i saw a charge !

[jburchell]

I know what you're all saying about earning extra interest etc. but it's incredibly frustrating that the legal system seems to have ground to such a snails pace - well at least in my area it has.

[jburchell]

I'm putting together my response to Abbey's defence. Has anyone got one they've submitted or know of a thread where someone has posted there response? I'm pretty sure they are all fairly similar.

 

Thanks in advance.

[jburchell]

I've received a 'NOTICE OF DIRECTIONS OF HEARING' form in the post from the court re: my claim against Abbey for the 5th Feb!

 

It says that 20 minutes have been allocated for this.

 

Any idea what I can expect in this?

[jburchell]

Hmm, I just thought I'd phone DLA and see if I could have a copy of their Allocation Questionnaire. They're no longer dealing with my case!

 

The guy I spoke to said that all claims had been transferred to Abbey and were now being dealt with internally.

[jburchell]

I've been hit by some more Abbey charges this month. Should I modify my claim to include this new amount? I've got a directions hearing scheduled for 5th Feb.

[jburchell]

Anyone?

[bish]

Hi Jburchell

 

Up to you realy, however it will cost you £35 and another form to fill in. You could always start another claim after this one. I would stop using this account and write to them saying account in dispute so don,t apply anymore charges to the account, also try to avoid getting anymore charges by finding other ways to pay DD's etc. HTH.

 

Regards bish.

[scousepie]

I've been hit by some more Abbey charges this month. Should I modify my claim to include this new amount? I've got a directions hearing scheduled for 5th Feb.

 

Im in the same boat as you, I was hit with charges on the 14th Jan so I wrote to them with letter 1 Im waiting for a reply within the 14day time scale then letter 2 LBA will be sent. then more court action, but its upto you.

[scousepie]

Hi Jburchell

 

Up to you realy, however it will cost you £35 and another form to fill in. You could always start another claim after this one. I would stop using this account and write to them saying account in dispute so don,t apply anymore charges to the account, also try to avoid getting anymore charges by finding other ways to pay DD's etc. HTH.

 

Regards bish.

 

Hi Bish, When you amend a claim what form do you fill in? as I need to amend mine.