Have I jumped the gun???

[Yorkyclaims]

Hello, just read an enail regarding the letters sent to Abbey.

 

I sent them the initial letter for repayment of charges.

 

They replied with the standard holding letter. I then received the standard letter advising they feel it is fair, and if it goes to county court they may consider closing the account.

 

From this I have gone straight to moneyclaims website & started action.... Should I have written another letter first???

 

On another thread it advises I should have sent a letter requesting payment, a letter before action THEN the County Court Claim? Will this prejudice my claim???

 

Regards

 

Craig

[Bookworm]

No.

 

We advise sending 2 letters to show that you have made every effort to avoid going to court, but in the end, it doesn't matter that much, IMO. The bank had an opportunity to pay up, they didn't. You gave them 14 days, they made it quite clear they have no intention of refunding, that's that. Don't let that worry you.

[Spiceskull]

Regarding closure of accounts, or the threat to close an account, BF has posted a new FAQ that you may wish to look at:

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=5&a=4

[dave]

I think the OFT would be very interested in recieving a copy of that letter.

 

They are basically saying that we will terminate a contract early if the second party stands up for their statutory rights.

 

Send a copy to the OFT and post their response here.

[Yorkyclaims]

Will do. Interesting thing is that I also have a sharesave scheme administered by Abbey. If they do close my acount as the relationship has broken down, I will expect them to close my sharesave. I have gone through the letters I have and there is no get out clause for them, they have to honour the fixed term period. They cannot keep one open but close another without being in breach of contract.

 

I'd like to see how they would get around with this!!!!

[Yorkyclaims]

I think I have got myself in a tangle.

 

Have just received from Mr Squires the basis to Abbeys defence....

 

We had an overdraft, I was aware of the terms & conditions, I agreed to these terms, etc. Which I have no problem defending...

 

The only thing is...

 

Why am I suing for the full amount??? I am agreeing that the banks have to charge me for going over the limit, authorising guaranteed cheques, etc. but at a rate of say £1-2 per transaction.

 

I am worried that because I am seeking the full amount (and not discounting £1 per charge) the judge will feel that I am entitled to free banking???

 

Is it because they have charged me an unfair penalty they are not entitled to any of the money? Or is the argument on the basis that they are entitled to something, but the interest they have accrued on my charges money should more than compensate this (as the majority of my carges happenned in a 3 month spell 7 months ago I haven't claimed interest)

 

Just need to get this clear in my head!!!!

[dave]

Are you claiming the extra interest that they charged you when you went over your limit? If not, then they have been well compensated for their 'loss'.

 

Also, are you only claiming for the overlimit charges? Or are you claiming for bounced DD's etc...? If you are, then the cost to them is nothing - in my opinion - and probably that of a judge.

 

Hold fast and you will get your money back.

[Yorkyclaims]

Yeah, I'm not charging for the interest, as it will be only be a couple of pounds, and I am recovering costs of bouncing DD's, etc!

 

I am now focused on the case (oh and emailing Mr Squires saying thanks, but no thanks to the 50% settlement)!!!!

 

Was just trying to get it straight in my own head in case the judge asks me!!!

[dave]

I think you'll find the next letter (or email) from Mr. Squires will be a full settlement.

 

 

;-)

[Yorkyclaims]

No letter as of yet!

 

I am currently preparing my case, and read on another thread (cant remember which one - viewed so many!!!) that only one claim has failed, and that was because of lack of preperation.

 

Does anyone know of this case???

 

Was it the case where they just turned up expecting to get their money, or did the bank make a defence that the claimant did not have an answer to?

[Yorkyclaims]

I've won!!!!!

 

There is a cheque awaiting clearance for £1260!!!

 

Thought I would try a new tact with the bank... Claimed £1260, but agreed that they did need to make charges. Agreed £2/transaction so told them I would accept £1200, ON THE CONDITION my bank account was kept open (so next time they know I mean it!!!)

 

As soon a the cheque clears a donation is on its way, and next stop is filling out the survey!!!

 

It'll be interesting to see if my account is kept open!

 

THANK YOU DAVE and the others!!

[Edward Gardner]

fantastic news, many congrats

[Rich44]

Wooooot, nice one

[Guest Lueeze]

well done you! See its not a pipe drwam now is it....

[Tinkerbelle]

aww..well done you!!

[Yorkyclaims]

This topic was closed on 03/08/19.

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