Advice wanted Maniac886 V Shabbey

[maniac886]

Hi guys... I just wanted advice on which letter I should be sending next, this is what I have done so far;

 

1. I have sent the DAP request and successfully recieved all my past statements within the 40 day limit from abbey.

 

2. I sent the Preliminary letter with the list of charges and requested a refund of £336.

 

3. They have sent a letter back within the 14 day limit saying that they will be happy to refund £80.

 

This is what has happened so far, now which letter do I send them next? Obviously I want the full £336 so will be rejecting their offer.

 

I was thinking the LBA but the letter starts off as if I have not recieved any response from abbey, which is not correct.

 

So, what next??

 

Thanks in Advance!

[bp]

Your next step is the LBA. You can reject it outright but if the £80 is already in your account, then you can amend the amount you are asking for having taken away what they've already paid. Also make sure that the offer they've made does not include any charges due to be debited from your account.

 

Good luck

[maniac886]

Your next step is the LBA. You can reject it outright but if the £80 is already in your account, then you can amend the amount you are asking for having taken away what they've already paid. Also make sure that the offer they've made does not include any charges due to be debited from your account.

 

Good luck

 

So i am sending the LBA without this part 'I am very disappointed that you have failed to respond to my letter of the [XXDATEXX].'

 

As they have responded to my letter. They said they will refund me £80 but it hasn't occured yet so do I still include the £80 in my LBA?

 

Thanks

[bp]

So i am sending the LBA without this part 'I am very disappointed that you have failed to respond to my letter of the [XXDATEXX].'

 

As they have responded to my letter. They said they will refund me £80 but it hasn't occured yet so do I still include the £80 in my LBA?

 

Thanks

Or you could say: I am disappointed that you have failed to respond to my letter of the (date) appropriately. I calculate that you have debited (full amount) inclusive of the offer of £80 made however, should this offer be accredited to my account within the prescribed time limit of this letter then i calculate that you have still to refund (amount minus £80)

 

Its up to you but i did something similar on mine and it does no harm.

[maniac886]

Thank you for your help so far, just one quick question. Do i send the letter back to the address that i sent my prelim(london) or to the complaints address on the letter that abbey have sent their response from?

Thanks

 

Either;

 

ABBEY NATIONAL PLC

2 TRITON SQUARE

REGENTS PLACE

LONDON

NW1 3AN

or

 

Complaints

Abbey

PO BOX 5129

Milton Keynes

MK9 2YN

 

 

 

[maniac886]

bump....anyone? thanks

[Michael Browne]

Complaints.

[maniac886]

Thank you Michael Browne

[maniac886]

Just to give everyone an update, I was refunded the £80 but I am waiting till the 29th until I fill in a claim via moneyclaim for the remaining amount(£286). I am also in the process of opening a parachute student account with Lloyds TSB.

[maniac886]

I just want to ask a question. I have filed a claim via moneyclaim and in the claim box it says issued(29/11/06). In the judgment section it says start and when i click on it it gives me two options,'The defendant has not filed an admission or defence to my claim,' or 'The defendant admits that all the money is owed.' My question is when do I select either of these two options??

 

Thanks

[Michael Browne]

No, this is for apply for judgement by default if the bank fails to acknowledge or file a defence.

[maniac886]

As this is a student account and I have used a majority of my overdraft which i cant pay back all at once so I have applied for an student account with co-op online, they have the function to transfer accounts. Fingers crossed!

[maniac886]

Just a question.... If abbey do offer me my charges back... which are £286 excluding court costs, should I accept this or should I only accept the full costs including court costs. I am asking this as I am not sure if the court costs are refundable before the 14 days? Also if i accept the offer how do i stop my claim??

 

I hope they dont go to court for £286, but who knows!!

 

Thanks for your help in advance!

[Michael Browne]

Now you have filed, you are entitled to court costs and s69 8% interest, don't settle for less.

[maniac886]

Hi Good Morning,

 

 

I just recieved a letter from Abbey this morning. I have a few questions;

 

1. What exactly do I need to send them?

2. In the letter it mentions the value of £319.95 but this figure is without the court costs, do I have to remind them that they owe me another £50 or will they be aware?

 

Thank You

 

 

[bp]

Not sure either they might mean a copy of the schudule of charges? I'd give them a call

[maniac886]

Yes they want you to send another copy of your schedule of charges to them. Do so and forward copies of both letters to the courts to be added to you claim file. No need to mention the court fee - the letters about the charges you are claiming and interest breakdowns.

 

 

I have a little problem. My schedule of charges is saved on my hard drive on my comp which is now kaputt. This was worked out on the mse website. I have redone the schedule including the interest charges using the template on the cag forum but it works the charges out as £322.26 instead on £319.95. Is this going to be a problem? Also you say forward to the courts, on the moneyclaim form it has the Norhampton court address but this is not my local court ....should i still send both the documents there?

 

Thanks

[maniac886]

until allocation yes deal with northampton.

 

 

bummer about your pc.

 

you should probably re do the schedule on the same calc you originally did it (MSE)

 

Yeah I did that first but you cant change the date from which you are claiming the interest from as it defaults to todays date. The one on the CAG forums, which i now realise, you can change the date, which I have done to 29/11/06 which is the date of the mcol claim. I am not worried about the £3 or so extra that i will miss but as the schedule is slightly different will i need to make the courts/abbey aware and if so how?

 

How about something like;

 

Thank you for your letter dated 7th Dec 2006. Due to unforseen circumstances the original schudule cannot be obtained. The enclosed revised schudule has a new total of £322.26 instead of £319.95 due to a slight change in the way the interest has been calculated. I do however confirm I will still be claiming for the original value of £319.95.

 

Regards

 

 

What do you think?

[maniac886]

bump...is that ok?

[maniac886]

Good morning,

 

Abbey have acknowledged the claim today. I presume this gives them another 14 days. Is there anything I need to do in the meanwhile?

[maniac886]

anyone?????

[Michael Browne]

When you receive the Notice of Acknowledgement from the court send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

[maniac886]

When you receive the Notice of Acknowledgement from the court send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

 

I have received the Acknowedgement from the courts but I have no idea who the bank's solicitors are and what address is. Abbey did send me a letter asking for the schedule, in order to deal with the case. I sent them a copy last week and also forwarded a copy to the courts to add to my case file. Is there anything else that needs to be done? I know that they have 28 days from the date of service to defend, but how will the christmas period affect this. How many days should I add to this?

[bp]

hi, not much else you can do but wait till the 28 days are up. you'll find that the courts will give them a bit of extra time(i wish they'd stop doing this) to get their defence in. you should also receive a copy of their defence. I got mine and as far as i know, abbey now deal with the claims themselves. Mine is being dealt with by their legal team at their registered office in Regent's Place.

[maniac886]

Good afternoon guys,

 

Abbey have just filed a defence as of today so can I just confirm that I will need to fill in an allocation questionnaire once the court sends me this through the post? Thanks