Superlover105402 v's abbey

[Thepunisher2006]

Hi im new to all this and concerned that from all the treads that there is nothing positive about claiming bank charges back from abbey .Abbey owe me about £250 and ive sent my 1st two letters that people talk about asking for my charges back ,then threating with legal action ,well ive done the legal thing ,paid £30 quid or the court fees ,they have acknoledged this and now iam waiting thing is my letters were not very detailed and i havent done the spreadsheet check have i made a cock up

[Michael Browne]

The letters are unimportant now. What did your particulars of claim say?

[Thepunisher2006]

thats it in a nut shell (have i made a cock up)

[Thepunisher2006]

that ok

[Michael Browne]

In a nutshell, yes.

 

Poc should be:

 

 

1. The Claimant has an account 1234567 with the Defendant, opened xxxxxx2. Since xx//xx/xxthe Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

 

You have put the charges as the 8% interest figure. You can't claim for your time. You should have included a schedule of charges

 

To amend your claim will cost £35 (unreclaimable), so it would be cheaper merely to withdraw your claim and start again.

[Thepunisher2006]

if i leave it what will happen ,as they now what the law is so im still right in some sort of way, i cant afford to redo it

[Thepunisher2006]

also im doing the same against halifax,havent done the court thing yet but sent the second letter , just waiting for my statements to arrive to see how much they really owe me ,can i use what you wrote earlier for the court thing

[breadline]

Hi superlover

There are many threads that have members claims written in them, if this thread is moved to the main site you will have 1000's of other members to share experiences with and help each other. You would of had a good written claim by browsing and reading through some older claims.

 

we need to get this thread moved to the main section.

 

I will request a thread name change to Superlover105402 v's abbey

 

Good Luck

BL:)

[Michael Browne]

if i leave it what will happen ,as they now what the law is so im still right in some sort of way, i cant afford to redo it

 

Abbey could apply to have the case struck out.

 

These charges only date from 2004. Were there none before this? Did you send a Dpa SAR for the last 6 years statements?

[Michael Browne]

also im doing the same against halifax,havent done the court thing yet but sent the second letter , just waiting for my statements to arrive to see how much they really owe me ,can i use what you wrote earlier for the court thing

 

If you haven't got your statements how do you know what your charges are?

 

what have you claimed for in your letters?

 

Presumably you haven't sent a schedule either?

 

I suggest you don't even think of filing at court at the moment or you'll have a 2nd cock-up.

[Thepunisher2006]

i have had the account a few years but have only used it in the last year ,i went into the bank and asked what charges have been applied to my account and i have claimed for these charges they applied