hollyblue v abbey

[hollyblue]

Hi

I have just sent away the first letter asking for my statements to abbey!! (ahhhhhhhhhhh!!!!!!!!) but I wondered after reading some of the other threads, if anyone has actually one against abbey? they seem to be the only bank willing to go to court, or am i just over reacting?

[TETSUO]

Have a look at the Abbey Threads to see other cases against Abbey.

 

look here: http://www.consumeractiongroup.co.uk/forum/abbey-bank/

 

Hope this helps!!

[hollyblue]

I'll have a look thanks!!

[hollyblue]

Hi

I have just recieved a letter from Abbey,after sending in my letter requesting the amount, saying how sorry they are to hear about my complaint against them! They say that they take if very seriously and will be looking in to it!

Also recieved letter from Barclaycard after sending in initial letter requesting statements way back in December, and they say they have so many claims that it will take them some time to get back to me.

Are these replies normal?

[Rooster-UK]

Hi Hollyblue.

 

Standard response designed to delay you.

Just stick to your own timetable... you're in the driving seat.

 

Regards, Rooster.

[hollyblue]

I feel really thick, but each time I post a thread I loose it! I can never find it again or the replies!

Can anyone help? That is if I can find this one again!!!!!

[MARTIN3030]

Everyone on the site works really hard to manage things for the users.......looks like you are doing something wrong ??????

I hope before you lose this that you have chance to read it!!

By clicking on your user name you should be able to find all your posts....and threads.

I hope theres not as many as you seem to think.......they will need merging............Blue?????????

[hollyblue]

Thanks so much!!

I feel really daft! I managed to find this by searching hollyblue v abbey, but your suggestion is great, thanks again.

[hollyblue]

Oh thanks, Im pooping myself now though!!

I sent the letter to them 2 weeks ago tomorrow, so I guess I should be sending the follow up if I don't hear anything this week?

Is that right?

My minds gone blank, will have to read up on procedure again

Thanks for support!!

[hollyblue]

Hi

I have just recieved gesture of goodwill sum of money, £820.00 into my bank account as well as a letter today from abbey. The letter has spooked me a bit because it says they have researched my account fully and that I knew about the charges when opening the account etc....

They also said they are not obliged to give a breakdown of charges, and to avoid anymore charges, to make sure I have enough money in account at all times.

Is this normal? and if so what do I do now?

[Mad Nick]

hollyblue, no need to feel spooked. They are trying to intimidate you but everyone gets that letter. Just press on. I can't work out from your posts whether you've sent the LBA or not, but if you got a GOGW you probably have. Assuming you want to press on, you need to a) reject the offer outright; or b) accept it in partial settlement. Quite frankly it doesn't make much difference which you do. Pinch the wording from someone else's thread - there are quite a lot !! In the same letter you need to remind them of the timetable you set for taking Court action (assuming it's in the future - if it's passed, don't mention it).

 

THEN, because you sound a bit unsure, I think you need to get your head round the basic argument, read through a thread of someone who won, get hold of the template Particulars Of Claim for your N1 Court Claim, and make sure you understand the logic. It's actually quite simple, but being the Law it's all long words, commas, bluster and huff. Put simply, the argument is :

• a default charge has to be proportionate to the cost of the default
  
• if it isn't, then it constitutes a penalty which is unenforceable (by virtue of Common Law like Dunlop and Statute like UTCCR)
  
• Abbey says its default charges are proportionate but refuses to disclose its costs
  
• You are therefore relying on : Australian survey, OFT credit card investigation, Treasury Select Committee, Competition Commission NI inquiry, BBC2 Money Programme all of which concluded that Banks default charges are significantly disproportionate and include costs unrelated to the default (not to mention profit !)
  
• QED

Hope this helps. Regards, Mad Nick

[hollyblue]

Thanks for your help.

I sent away letter accepting the amount as partial payment but reminding them that I would be claiming the balance. I also reminded them of the time limit etc.

I just wonder if you can clarify for me,as I have read different things in some threads, it's about the amount to claim.

I only claimed charges relating to unpaid direct debits and charges for going over my overdraught. I can't understand whether I was meant to include the interest charged while overdrawn and I thought I was to add interest once it goes to court? can you make any sense of this / if so I'd really appreciate your advice!!:o

Thanks

[Mad Nick]

hollyblue, you're correctly following the path to get 8% Statutory interest - you'll add it at the stage you file your N1. What I think is confusing you is that an increasing number of people are claiming "contractual interest" - that's just interest at rates specified in the Account terms&conditions (ie the contract with the Bank). This is usually included in the Prelim & LBA but you could, if you really want to, change to Contractual - it would just mean sending a 2nd LBA (just add another 14 days to the timeline).

 

What are you claiming ? From a GOGW of £820, I'm guessing >£5K. Contractual interest could add £1K to your claim. For example, the contractual interest to date on a £30 charge from Jun 00 would be about £55 (@ authorised overdraft rate). But have no qualms - assuming you were mostly in overdraft that is just interest they have levied on the penalty charge - so you'd want it back as well wouldn't you ?

 

Regards, Mad Nick

[hollyblue]

Hi Mad Nick!

Thanks for that info, I think I'll stick to adding the interest when I file the N1 as you mentioned.

I just am not exactly sure how to do this, Im no good with spreadsheets:(

do I just work out 8% of the total, which by the way is £4248.00, and then add the figures together?

Never was good at anything to do with figures!! maybe that's why I am in this situation!!

I really appreciate you r help!

Thanks Holly

Ps, as I have sent letter accepting the GOGW, can I use that money, or do I have to hold on to it incase they request it back?

[Mad Nick]

holly, Vampiress did a spreadsheet for 8% interest. You want the first one : England-Simple-Excel

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

You enter each charge and date it was taken and the sheet works out the interest on each charge at 8% per year and adds it all up.

 

As for the GOGW, you've accepted it in partial settlement so it's yours. Regards, Mad Nick

[hollyblue]

Hi there!

Ill go and give the spreadsheet a go!

Thanks for help Mad Nick

Will be in touch soon.

[hollyblue]

Im so confused!!!

been putting this off for so long because I don't understand the "court claim" part of claim.

It feels as if Im just making up some figure and sending letter into manopoly court!!

Can any one tell me what letters I have to use after having send the first 3 letters to Abbey, have a gwg of £845 and accepting is as part payment.

Last letter form Abbey said definately no to claim! end of story as far as they are concerned!!

I can't work the spreadsheet, I can't workout what letter to send, I also can't work out if I send a letter to Abbey and the court, just the court or just Abbey.

I'm in a panic!! (sure you worked that out thought)

All of the legal jargin in making me very nervous!

Can anyone help?

[hollyblue]

Can't spell either!!

[Guest Niklowe]

Holly, calm down!

 

Just have another read of these and it might become clearer.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Above all don't panic there is plenty of help here.

 

Which spreadsheet are you using?

If you have sent SAR letter, prelim letter, LBA, and you have rejected the GOGW, then the next is to file at court. This is either By MCOL or N1 at your county court.

 

Don't worry with the legal jargon they use, that's just to get you to panic like you are doing now.

 

When you rejected the offer, did you use one of these letters

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

have a read of this. And relax!

[hollyblue]

Thanks Nik!

I will check out the links and get back to you. Think its the thought of completing the spreadsheet and writing to the court that's the scaryist part.

Will let you know how I get on.

Thanks again.

[charleyfarley]

Hi Holly,

 

I've just had a read of your earlier thread and it sounds like you were doing fine

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/45867-hollyblue-abbey.html

 

Pm one of the Mods to merge your threads and people will be able to understand where you're up to easier.

 

The spreadsheets are easy so long as you take your time and people on here will help you if you get stuck.

 

All you have to enter is the date of the charge, the amount of the charge and the description (returned cheque etc). The spreadsheet does everything else for you.

[hollyblue]

Thanks for that Charley, not sure what you mean by, pm one of the Mods to merge thread? Can you help please?

[mariejader]

Thanks for that Charley, not sure what you mean by, pm one of the Mods to merge thread? Can you help please?

 

What Charleyfarley is suggesting is you send a private message (pm) to the moderators of this site, and ask them to put all the topics you have started for Abbey into one, this makes it easier for you and everyone else reading it as when you for example ask a question the history on how far you are in the system is there also you stand more chance of people reading it as if they have already replied they will get an e-mail notification advisiing something new has been entered.

 

To pm a mod (for example karnevil) you click on their user name and then you will see on the right something that reads send private message and then you ask the question

[hollyblue]

Im seriously considering backing out of the claim!

I can't get my head around the "Allocation questionnaire" small claims track.

I could work out how to get access on to the speadsheet you have, but did a basic one on microsoft.

Can't work out what letter should go with letter to court and which one should go to Abbey.

I feel so...... thick!

[mariejader]

Firstly don't condiser backing out there is people here that will help,

 

Secondly, it may be an idea to post below what you have done so far and what response you got from Abbey, sorry had a quick look above and found it a bit confusing.