wotnext v Abbey

[wotnext]

Claim for £459.01

 

This site is such a goldmine!

 

I sent off my initial request and £10 for my statements going back 6 years some months ago. After a month and a half I telephoned them to enquire where they were. Was told that they had been done but not sent. I told them that if they didn't send it I would report them to the Information Commissioner for breach of the Data Protection Act. 4 weeks later... still nothing. So I rang them again and this time get put through to another department who claim that the microfilm statements are not covered under the DPA. I thought this might be rubbish, so called her bluff and said I would be registering a complaint. Lo and behold, 3 days later the statements turned up!

 

So, I got my letter and charges spreadsheet sent off and received the usual response...

 

thanks for your letter, would like to investigate your complaint thoroughly... will be in contact within 4 weeks.... here's a complaints leaflet... blah, blah, blah.

 

Then I received a letter last week telling me:

 

that they had investigated and felt that they had complied with the T&Cs of my account and have been "fair and open" about all charges... that charges were correct because I did not have enough money in my account to cover payments... they've looked at the history of my account and found that, unfortunately, this was not the first time it had happened"

 

First reaction - how patronising. Second reaction - sat straight down at the pc, ran off the follow-up letter and put it straight in the post. They now have a week and a half left in which to furnish me with my money. However, from reading some comments on here it seems that Abbey like to play it cool.

 

Fingers crossed it all comes to fruition and they do the decent thing. Now have to get the OH to sort theirs out....

[wotnext]

Guess what? They have sent no response to my letter. What do I do next? Are Abbey notorious for being difficult during this procedure?

[wotnext]

I'm so overwhelmed with it all. It all seems so complicated. I have been trawling through the Abbey forum and I get the impression that they are not the easiest to deal with. It seems that they only pay out when a court date is given. Am I right?

 

I've got the kids home this week so I haven't the peace and quiet to try and digest it all but will be straight back on the case next week.

 

A few questions though:

 

When you fill out the court form online, how much does it cost?

 

When do I fill out the Moneyclaim form? Is this at the same time as the N1 form?

 

When should I do the spreadsheet and add the 8% and when do I send it?

 

Then, when it goes to court, do you have to stump up the money beforehand, or will they have to pay at the end (I am assuming Abbey will lose, of course )?

 

Thanks for any help you can provide! I'm starting to feel suffocated and out of my depth with it. I'm sure I'm not the only one to feel this way and I know with a bit of guidance I can do it. It's my money and I want it.

 

I know I am probably sounding really dim, but I have done well up to now. The whole court procedure is rather daunting!

[wotnext]

Can anyone please suggest the most appropriate address that I can use for Abbey on my Moneyclaim form?

[cross1217]

Right, Abbey address is the registered address in London;

 

Abbey National Plc

2 Triton Square

Regents Place

London

NW1 3AN.

 

You need to take your time and read through the FAQ's and other threads to research this whole issue. It's not a simple and straightforward step - remember you are taking a major financial institution to court, or at least threatening to do so. It's important ypou follow the correct procedure.

 

Have you sent letter before action?. If so, court claim is your next stage - you can either do this online MCOL or by submitting a N1 claim form to local court. Cost is £120 I think?. I paid £250 for a higher sum.

 

Yes, 8% interest now needs to be added (spreadsheet in the templates section). Take your time with this it is important to get this stage correct as it could be costly in the long run.

 

Abbey are defending most of the larger claims and going all the way right up until court day. Your claim is a small one so you should get a settlement well before court. But you never know.

 

Good luck. I've had my kids too this weekend and you have just got to apply the time necessary!. Thank God they've left now and I'm doing this between watching the football!.

[cross1217]

Look at the step by step instructions in the library - I found them really useful.

[wotnext]

I have just sent my N1 form etc off to my local court. I don't know whether to jump around or sit quietly in a corner and hope it all goes away. :o I'm petrified. ShAbbey are clearly heavyhanded from the looks of these threads.

 

How long before a response is normally received? What should I now expect to happen?

[wotnext]

I have just tracked my recorded delivery and my forms were delivered to the court this morning.

 

Does anyone have any idea how long I should now wait before I hear something?

[philread1]

Hello wotnext

 

Not too long! I think the shABBEY get 14 days to respond to your claim from the date your claim was deemed served by the court.

 

Once they have responded, the courts will send you a copy of their response (their 'Defence') with an Allocation Questionaire(AQ) for you to complete. At the same time, the shABBEY will probably send you their defence as well.

 

All the details on how to fill in your AQ can be found in the templates library.

 

All the Best

Phil:)

[wotnext]

Yesterday I received a Notice of Issue from the court which stated that the claim was issued on 22 Feb. The court sent it to ShAbbey on 28 Feb and it will be deemed to be served on 2 March (today)! The defendant has until 16th March to reply.

 

For people dealing with ShAbbey, what normally happens now?

[mariejader]

I am about a week ahead of you Abbey had until the 9th to respond from my case, I called the court yesterday only to find they have acknowledge (two working days after the N1 was served) and are defending in full so now they have a further two weeks taking me to the 23rd March.

 

I don't think I am the only person they have acted so quickly with

[wotnext]

I rang the court yesterday and they confirmed that nothing has been received from ShAbbey. Nothing has come in today's post either.

 

They only have 2 days in which to send an acknowledgement. Do they normally leave it this late?

 

Wouldn't it be great if they didn't respond and I just won on default.

[ingleby]

They left it until the last day to do mine, dont be fooled Shabbey are trying to keep their money so much that they are using all the time they can to try and make you loose interest, dont loose interest get your money back.

[wotnext]

I just don't get the banks at all. Hardly any of the cases are going to court and for each day they delay the court process, they are being charged interest - so the more they have to pay in the end. They must be losing loads of cash this way, rather than just paying the money up front.

[bp]

Ia gree but i think they are sort of stuck. If they pay up without any argum,ent(and they should!) then they will lose out more. However, if they make offers and argue their case, then along the way, some people will give in so in the end, they still win. Having said that, this strategy won't work for much longer as many more people are willing to go all the way!

[charleyfarley]

Hi wot,

 

You're on a very similar timescale to me. Abbey have acknowledged but have to file a defence by 28th March. It's a good opportunity to read all about AQ's and court bundles which is dull but important.

 

As to the Banks delaying tactices, I think they hope a large proportion of us will go away or accept their lower offers, and in some cases I think they're right, so from their point of view it makes commercial sense.

 

Good luck:)

[mariejader]

They only have 2 days in which to send an acknowledgement. Do they normally leave it this late?

 

Wouldn't it be great if they didn't respond and I just won on default.

 

I hope it's that easy for you.

 

Just keep on checking with the court, the reason I say this in my case Abbey filed an acknowledgement on the 25th Feb but the court did not raise the N10 until the 7th March I received it on the 9th March.

 

(The 9th was the deadline to acknowledge)

[wotnext]

I have just spoken to the court and they have received nothing from ShAbbey, and neither have I. They said that I now just return the 'Request for Judgement'.

 

[mariejader]

I wish that's what happened to me,

 

I still have another week to wait for their defence

[wotnext]

I have today received the Judgement for Claimant form from the court which has ordered Abbey to pay me £658.40. Let's hope they don't ignore this one. How long do I give them to pay up before I take further action?

[wotnext]

I still haven't heard from Abbey one way or another. What should I do?