Help recorded delivery letter lost in post

[simonetalbot]

I have sent Abbey the final letter before court proceedings but they are saying that they havent received the first letter. I have checked with the post office and they have indeed lost the letter. Does anyone know if I have to give Abbey another 14 days before I take them to court because of this lost letter. The final fourteen days runs out on Monday. I have received the standard reply saying that they will only refund me one charge for customer service but nothing else! so much for their customer service, I am still waiting for a call back from my branch manager and for this refund to be put in my account. Can anyone help with what to do next?

[Odd Fellow]

In the name of fairness (and I know Abbey isn't terribily fair, but we don't want to sink to its level, do we?), it would be best to send a further LBA.

 

Recorded Delivery is a pain in the ar$e. It regularly fails to deliver and what you have now, having used it, is a valid excuse by Abbey that you didn't give sufficient notice. Had you sent by first class, then as with the courts, they would be deemed to have received the notice within 2 working days (someone please correct me if I'm wrong on this point).

 

It's quite academic anyway. The chances of Abbey paying up just because you warn them of impending legal action are slim at best. All you have now is an extra 14 days to wait over what you might have expected before. Plus an extra 14 days interest.

[simonetalbot]

I have started court proceedings on 24th Sept and Abbey have until Oct 9th to respond. So far I have received two standard letters from Abbey which have basically said that they are sorry that I have felt the need to complain etc but offered me nothing, however on Friday I recieved another letter from Abbey which I assummed would be about the pending court action but no it was someone else from Abbey writing to tell me that he could assure me that the regime of charges are not unlawful or even unfair. He pointed out the term and conditions of my account and decided that Abbey are right in taking these charges from me and as a gesture of goodwill he was willing to refund me £787 of the £3000+ I am claiming for. This letter did not mention any court action but I think it is a bit odd that after sending three letters stating my intentions and getting nothing back I now am in receipt of this offer. But the story doesn't end there! I have since been to the bank and this money has already been credited to my account - how will this affect my court action? Do I have to write to Abbey again acknowledging this money but stating that I still intend to follow through with the court proceedings - I did not agree to this money being refunded, will this affect my case? Please help as I only have until a week tomorrow (9th) to sort this out. Is this just another delaying tactic by Abbey. Any help appreicated

Simone

[Glenn UK]

Simone

 

Dont worry, Abbey use this to try to cause you some confusion.

 

Inform the court tomorrow that you have received a gesture of goodwill.

 

Dont alter your claim.

 

BF described a gesture of goodwill to me 'as like a bottle of scotch at Xmas'. In effect its a gift, until or unless they tell you thats is for payment to you for some charges.

 

If it gets to court or when its settled i guess thats the time to argue what the GOGW is about.

 

JMHO

 

Glenn

[simonetalbot]

Thanks for that Glenn. I will contact the court first thing tomorrow. I didn't say earlier but when I ordered a mini statment from the bank it showed the £787 as individual transactions described as FEE REFUNDED for various amounts between £20 and £32. Will this affect my case? Is it likely that Abbey will respond to the court requesting the additional two weeks?

 

Simone

[Glenn UK]

I wold go with what the letter says, if it calls it a gesture of goodwill then thats what i would tell the court it is.

 

Re the two weeks, its more likley they will ask the court for the claim either to be struck out or a stay applied because they havent had enough time to try to resolve the matter.

 

Its likley they would get a stay at least since court is supposed to be the last resort for you.

 

JMHO

 

Glenn

[simonetalbot]

I have received a bank statement this morning and it appears that Abbey was going to charge me £190 again this month but they have refunded them before I knew that they existed! it seems that these are also part of their GOGW. Abbey keep telling me thay they send a letter out every time for every charge they are going to take - but I have only received one of these letters in the last 10 weeks or so, does this happen to other people? Altogther Abbey have given me £787 as a GOGW only £597 relates to charges already levied on my account and are listed in my court claim. Am I right in assuming that the other £190 credited for these future charges can't be included in Abbey's defence as they don't relate to my case? Any help appreicated

Thanks

Simone

[Glenn UK]

Simone

 

I dont have an account with Abbey any more but as I recall they stopped sending out seperate letters.

 

What they do however is send out statements which includes details of the harges and when they will take them.

 

Thats my recollection anyway, I could be wrong though.

 

HTH

 

Glenn