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LordLee

Charges refunded. But they now want them back.

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Also the Solo card is not as widely accepted as Electron.

 

I disagree. I have only ever found one shop which takes debit cards but doesn't take Solo, whereas there are loads of places which don't accept Electron.

 

Also, when shopping online if it doesn't expressly say they accept Solo you can usually pop in your details and select the 'Switch' option and the majority of times it goes through.

 

Just my personal experience, but I find that Electron is not accepted as much as Solo is.


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Just my personal experience, but I find that Electron is not accepted as much as Solo is.

 

I entirely agree Barracad.


;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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OK... I need some guidance here people.

 

I have now been sent the 'fobbing off' letters after both my initial letter and letter before action. I'm now at the MoneyClaim stage.

 

I'm filling in the form and i have some questions.

 

1. In the particulars of claim, is there anything standard i should write? Or shall i just put something along the lines of 'Claiming back illegal bank charges'

 

2. Claiming for interest. It asks me to copy and paste some text. Is this enough? Do i have to calculate the interest?

 

3. Claim amounts. I put in my whopping £4035 and the fee is £120 (which takes it dangerously close to the £5000 limit). But the amount claimed asks for "The amount you are claiming including any interest shown in your statement of claim." So do i add the interest st this stage? That will take me over £5000!

 

Shall i just not claim ineterest to keep this below £5000?

 

Confusing!

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Look in the library - there are suggestions there:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=634

 

Just use this info to shape your own individual case.

 

Good luck


;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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the court cost and 8% interest can take it over 5k

 

you have to work out all your amounts to enable you to complete the form accurately - theres a spreadsheet you can use for the interest bit

 

by saying court costs and interest CAN take it over £5... i presume you are saying i CAN, as in am allowed in the small claims court?

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by saying court costs and interest CAN take it over £5... i presume you are saying i CAN, as in am allowed in the small claims court?

 

8% interest and Court fees aren't included in the £5k limit, so as long as your claim amount alone is under £5k it will be fine.


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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8% interest and Court fees aren't included in the £5k limit, so as long as your claim amount alone is under £5k it will be fine.

 

Ok... now i'm really concious of being a bit paranoid here, and i don't want to seem like i need someone to hold my hand but i'm just not quite gettiong the money claim form.

 

So i enter my amount of £4835 and the court fees of £120 automatically calculate a total of £4955. But when it comes to the 8% interest... if i calculate this do i just manually type this into the total box? Do i just make note of this in the Particulars of claim? It really isn't clear.

 

Also when calculating the 8% using the spreadsheet... do i really have to type in every charge from my massive wedge of statements? I guess i do to get the interest right.... blimey i'm gonna be quite a while.

 

Call me stupid... but i'm just a bit confused now with the whole process.

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Hi LL

 

Yes you do have to type out every charge, date and reason from your wadge of statements (at least you have them !) into the spreadsheet. You'll need it anyway to give to the solicitors / court a bit later on.

 

Then on your particulars of claim you put in the amounts seperately, then in the total box you put the total amount of charges with the interest already added in - and then your court fees seperately.

 

You have to work out your daily rate of interest too - it something like 0.00022 x total interest to give an amount to add on per day until they pay up.

 

Does that help any ?

 

eg.

I request repayment of these

charges and the interest applied on them

which total £TOTAL OF CHARGES I also seek

reimbursement of court costs and claim

interest under s.69 of the County Courts Act

1984 at the rate of 8% a year from DATE

to DATE of £TOTAL OF INTEREST AT 8% ONLY and also interest

at the same rate up to the date of judgment

or earlier payment at a daily rate of £TOTAL OF INTEREST x 0.00022.

 

 

btw my claim is over 5k when you add interest and charges on, but just the charges is below 5k so its okay for the small claims track.

 

Thank you Karnevil. I just wanna get it absolutely correct so Abbbey have no grounds to stall.

 

The daily rate of 0.00022... this is obviously an estimate on your behalf. But i'm just assuming i work out what 8% a year is per day? If i get it slightly wrong would the courst throw it out and i'd have to start again. Or do they make allowances for such errors. I'm sh*t with Math.

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hi LL, the above is now correct ! hope I havent confuddled you !

 

no u have been extremely helpful. many thanks and fingers crossed.

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OK confusion again...

 

This is what i wrote in my particulars of claim..

 

I am claiming the return of money taken by

the Abbey National PLC in the way of

charges over the last 3 years 10 months,

12.07.2002 to 12.05.2006 which total

£4671.00. 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. The claimant claims

interest under section 69 of the County

Courts Act 1984 at the rate of 8% a year

from 12.07.2002 to 12.05.2006 of £698.33 and

also interest at the same

rate up to the date of judgment or earlier

payment at a daily rate of £1.18. So to sum

up the total claimed in charges is £4671.00

plus £698.33 in interest which gives a total

of £5369.33.

 

I hope that is ok...

 

But do i enter £5369.33 in amount claimed? Or £4671 (which is just the charges?). The reason i ask is the court fees jump from £120 to a massive £250 when i enter £5369.33. Is this correct? Surely not?

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You need to put the total amount including interest.

 

And yes the Court fee does jump to £250 when the claim rises above the £5k mark.


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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You need to put the total amount including interest.

 

And yes the Court fee does jump to £250 when the claim rises above the £5k mark.

 

Sheeyite! Man this is gettin' scary. I just to check for the millionth time... when the claim rises above the £5k mark... it does not effect the £5k limit within the small claims court?

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Not in your case as your claim amount is under £5k but the 8% interest takes it over.


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Not in your case as your claim amount is under £5k but the 8% interest takes it over.

 

Phew... ok. Right in that case... i'm goin' in! Surely my claim is one of the bigger ones on here? Hope i'm not made an example of by Abbey and taken to the bitter end! ;-)

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thats sounds right - my claim is about 4600 + interest which keeps it under 5k, then the court fees are what takes it just over to £5011.

 

Glad I did that now - now way could I afford £250.... £120 was hard enough to muster.

 

GOOD LUCK ! your particulars look fine to me .... do they fit ?

 

Yip... just under the maximum amount of characters

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Okeydokey... my claim has been paid for and filed using MoneyClaim.

 

How long before they get back to me... roughly? Anyone know? Or is it all down to individual cases?

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Hi Lord Lee,

 

I filed my claim on Thursday 15th June, received Notice of Issue from court on Saturday 17th June saying claim was issued on 16th. Checked on Moneyclaim website today and it says Abbey acknowledged the claim on 27th June.

 

Yesterday I received a letter from DLA Piper (Abbey's solicitors) and I have replied to them today. I think these timescales are pretty similar to everyone else who has got this far so you can gauge your progress against this.

 

Good luck

Janey


Do you have a website? Add the following code to add a link to The Consumer Action Group:

 

http://www.consumeractiongroup.co.uk

The Consumer Action Group

Reclaim your rights as a consumer and reclaim your unfair bank charges! Free site with letter templates and helpful forum.

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Hi Lord Lee,

 

I filed my claim on Thursday 15th June, received Notice of Issue from court on Saturday 17th June saying claim was issued on 16th. Checked on Moneyclaim website today and it says Abbey acknowledged the claim on 27th June.

 

Yesterday I received a letter from DLA Piper (Abbey's solicitors) and I have replied to them today. I think these timescales are pretty similar to everyone else who has got this far so you can gauge your progress against this.

 

Good luck

Janey

 

May i ask what Abbey's Solcitor said? Is it a standard response or are they treating cases differently? (If u know).

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Hi LL,

 

Copy of letter from Abbey's solicitors:

 

Dear Madam,

 

NORTHAMPTON COUNTY COURT - CLAIM NO. ...

 

I act for Abbey National plc in this matter. Please note that any furtehr correspondence should be addressed to me at this office.

 

We are in the proess of reviewing this claim and preparing the Bank's response. A defence will be filed in due course.

 

In the meantime, I note that ou have claimed the sum of £1,073.50 in respect of charges that you say habe been made on your Abbey account but have provided no details as to how this sum has been calculated.

 

As you will appreciate, you will need to produce evidence to the Court of the amount and this information should have been supplied by you when you filed your claim. We should be grateful if you would provide such deatils to us as soon as possible.

 

We should add that if you have any doubts or concerns regading your legal position, you should consult a solicitor or Citizen's Advice Bureau.

 

Yours faithfully,

 

DLA PIPER RUDNICK GRAY CARY UK LLP"

 

This is a word-for-word copy of letters received from DLA by other people and is clearly their standard response.

 

I replied to them by e-mail and post saying I was surprised their client had not furnished them with material facts relating to my claim seeing as they had been requested to act on their behalf as their client (Abbey) had this information at their disposal in the form of my bank statements but as a "gesture of goodwill", I would provide DLA with a copy. :D


Do you have a website? Add the following code to add a link to The Consumer Action Group:

 

http://www.consumeractiongroup.co.uk

The Consumer Action Group

Reclaim your rights as a consumer and reclaim your unfair bank charges! Free site with letter templates and helpful forum.

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I have a claim against Abbey going through for just over £2,000 plus interest. I've received the same letter from DLA with the exact same wording.

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Yes i have just received the exact same letter. So i guess the best thing to do is send them the spreadsheet? Or did u send photocopies of bank statements?

 

Would i have to send a copy to the courts as well? I'm a little confused as to whether the courts have to receive copys of any correspondance?

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I sent, and emailed, the spreadsheet with covering letter to DLA Piper - no copy for the courts or anything. I think that will come later, after allocation.

 

I've done the same. Although the spreadsheet updates the total interest with the current date. I presume they will not spit their dummy out over this and say the interest claimed and interest in the spreadsheet do not match.

 

I guess it don't matter... as i'm doing them a 'favour' in sending them a copy.

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Has this actually happened yet? I'm worried that my large claim (barely under £5000) will be made an example of.

 

Paranoid? Maybe... but i wondered how far Abbay have gone so far?

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nobody gone in relation to charges, they do not want to have to prove that £32 is what it costs them !!!!!


Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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hmmm interesting. i wonder if at some point they will? i mean they won't let this go on forever.

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