Ijoseph v Abbey ** WON **

[ijoseph]

The latest letter from Abbey, which was sent on 31/1/07 2nd class post but because I was out of the country I didn't actually get it until Friday:

 

We are in the process of reviewing this claim and preapring our response. A defence will be filed in due course.

 

In the meantime, we note that you have claimed the sum of £525.50 in respect of charges that you say have been made on your Abbey account. How ever, (yes they put a space in!! ) you have provided no details as to how this sum has been calculated. Similarly, you have not provided details of the £175.80 claimed by way of interest, showing how that amount is made up with reference to each charge.

 

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

 

It would also be helpful at this stage if you can provide e-mail and telephone contact details to us.

 

Yours faithfully,

 

Abbey National plc.

[ijoseph]

And my response:

 

Dear Sir/Madam,

 

In your letter dated 31st January 2007, sent via second class post and received by myself on Friday 9th January, you requested that I explain to you how my claim for £525.50 in respect of penalties levied on my account has been calculated and also how the interest claimed has been arrived at.

 

I have on two previous occasions provided a schedule of charges which illustrate precisely when penalties were imposed and the amount. The first accompanied my letter to Abbey at Bradford BD1 52J on 30th November 2006 and my second was to Mr. Andrew Nanson on 3rd January 2007. This information is contained on the particulars of my claim.

 

Furthermore I have also provided details in my claim form of how the interest has been calculated. This is in accordance with S.69 of the County Courts Act 1984. The daily rate at which this interest is accruing is £0.11 and currently stands at £177.76 as of 13th February 2007.

 

The attached copy of the schedule of charges details the penalty charges imposed by Abbey as per the records supplied to me under the Data Protection Act.

 

I should stress that the schedule does not illustrate any out of pocket expenses for Subject Access Request Fee, Court Fee, Cost of Recorded Delivery Letters or time spent dealing with this issue.

 

Finally I am happy to provide an email address which you can contact me on but unfortunately I am not contactable by telephone. My email address is [email protected]

 

Yours faithfully,

 

Blah!

 

Encl. Schedule of Charges.

[ijoseph]

Received a GOGW offer today for half the claimed charges and the court costs but no offer on the interest. They have also submitted their defence which is the standard version that has been posted up by loads of people. Ie that the "charges" are no penalty charges but liquidated damages and therefor valid pre-estimates...yada yada yada.

 

Will send my polite letter of rejection today.

[ijoseph]

Sorry but can a mod please change the title of the linked thread to Joseph v Abbey

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/40391-started-ball-rolling.html

[ijoseph]

Got home tonight to find a letter from the court stating that the defence has been filed and the proceedings transferred to Weymouth.

 

I have an AQ (N149)to fill in and return which must be with the court office by 14th March 2007.

[ijoseph]

Can it be done???

[Janet-M]

Done

 

please PM a moderator if you need your thread changing , thanks

[ijoseph]

Got back from an overseas trip today.

 

Letter from Abbey stating that they are offering (without admission of any liability yada yada yada) full and final settlement of £793.44.

 

So.....when cheque clears I'll withdraw my claim.

 

Thanks guys.

[ijoseph]

Cheque arrived today

[mazamarie]

Well don ijoseph emjoy having back what wa yours all allong!

 

Perhaps a personal overseas trip!? For fun of it or get what you need to do done....

 

All the best

 

Maz