itsamomentintime v Abbey ** WON **

[Kerrie78]

Hi again.

 

Abbey defence for me has just arrived, it is word for word the same as yours. They have also offered me 50% of the bank charges and interest, but in full & final.

I'm going to update my own post in the Abbey forum.

[itsamomentintime]

take the 50%!!!!!!!!! you would be mad not to!!!!!!!!

 

 

then claim the rest........lol

[Kerrie78]

I'm not sure whether i can, there is a declaration to sign saying that this will be in full and final. I've posted on my own thread so I'm just waiting for a reply.

[itsamomentintime]

full and final, my 4R5E

take it and tell them its part payment and that you will continue to sue them for the rest

[itsamomentintime]

right my Allocation Questionnaire has arived today. is there anything in particular that i should be putting on there? how shoul i word things? also i am sending a schedule of charges with the AQ to the court, and a copy of the schedule to shabbey irrational

[Mindzai]

There is a guide to filling out the AQ in the library section, its what I used and it did the job nicely.

[itsamomentintime]

nice one i will check it out

[itsamomentintime]

Allocation Questionnaire sent today along with schedule of charges - schedule also sent to shabbey

[itsamomentintime]

hello please can a mod move this to the abbey thread?

[itsamomentintime]

hello please can a mod move this to the abbey thread?

[itsamomentintime]

i seem to remember having an arguement in 2001 with a manager at abbey, in which i demanded refund for all charges taken from my account since i was 18 - this came to about £700.

 

so i am going to send the below letter to abbey tomorrow:

 

 

Re: account no XXXXXXX

 

Dear sir/madam

 

I require a complete list of transactions and charges relating to my account from 13/09/1993 to 30/06/2000 – in short, a list of charges with dates and amounts – alternatively, a complete set of account statements for that period will be acceptable. This should be retrievable from your accounting systems, and easy for you to produce. I will accept a computer print out of these transactions.

 

I understand that your microfiche system was recently inspected by a team from the Information Commissioners Office, and that they have ruled that your system is a Relevant Filing System under the terms of the Data Protection Act. I therefore expect you to fully comply with my request within the prescribed 40-day timescale. I enclose the standard £10 fee.

 

To pre-empt your answer with regards to you only supplying records for the last 6 years, may I refer you to The Limitation Act 1980, in particular s.32 (1) (b) of the Act, which says:-

 

32.--

(1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-

(a) the action is based upon the fraud of the defendant; or

(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or

© the action is for relief from the consequences of a mistake;

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it

 

 

I look forward to hearing from you soon.

 

Yours faithfully

 

itsamomentintime

 

 

 

what do you reckon??

[adamski]

PM a Moderator to move your thread.

You will get your money back very soon probally within a month

Good Luck you wont need it!!!

Regards

adamski

[itsamomentintime]

cheers adamski, cant wait!!

[itsamomentintime]

is there any way i can check if abbey have returned thir aq, without contacting the small claims court? or will i have to wait until the court opens on monday?

[itsamomentintime]

does anyone know how i can find out what contractual interest rate i can claim, for charges going back to 1993?

 

i understand that i can claim 8%, but i reckon abbeys overdraft interest rate is much higher

[ppauls150]

Hi just a few points of my own to add for you. Firstly if they do make you an offer then send the bank a letter back stating that you will accept the offer they have made but only on the basis of a part payment only and will still proceed with the court case and you will once the part payment is recieved you will adjust the claim accordingly. Secondly if you have started your claim and the bank impose more charges on you in the process and you dont want to or cant or for any other reason cannot adjust the claim for a new ammount i would not wait for them to pay the balance that you are claiming for then start a new claim for the new charges, I would wait till the bank come to you will a full refund offer and then once that is recieved write them a letter informing them that since you started the claim more charges have been applied and that you wish for them to be refunded and any outstanding charges waiting to be applied to the account or you will pay the extra fee and adjust the claim according and i am sure more than likely they will pay the money just been taken and is waiting to be taken rather than arguing as it would take it near to the court date and we all know they dont like that.

 

If you dont know what to send as a part payment letter or dont know where it is here is a rough copy to give you an idea.

Response to settlement offer.

 

Thank you for your letter dated xx/xx/xx, and I accept your offer of £xx.xx for past charges back to my account but I must stress that I only accept this offer as a part payment on the outstanding charges that you have taken from my account over the last 6 years. 0nce again, I ask you to return to me all charges imposed on this account.

 

Just to reiterate that I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with the outstanding County Court claim if necessary.

I trust this clarifies my position.

[Mindzai]

Hi just a few points of my own to add for you. Firstly if they do make you an offer then send the bank a letter back stating that you will accept the offer they have made but only on the basis of a part payment only and will still proceed with the court case and you will once the part payment is recieved you will adjust the claim accordingly.

 

I would not recommend that you do this for two reasons. Firstly by accepting early payment you are doing yourself out of interest, although this may or may not be preferable to waiting for all the money at once. Secondly it will cost you money to ammend the claim and at this late stage is not worth the cost, time and hassle as they will pay the full amount before much longer anyway. The cost of ammending a claim is not recoverable.

[Kerrie78]

Agreed Minzai.

I am on my first claim but since i started that I have incurred charges in Nov, Dec and Jan despite not using the account at all.

I am just waiting to get my first claim sorted out before i begin again with my second claim. I don't mind the wait as it is gaining interest. Also I have sent another SAR for statements dating from 1993 to 2000. I have done some reading on the Limitations act and I am hoping to reclaim earlier years.

Would the Judge look badly on me having three claims with the same bank? Would I better applying for 1993-2000 and adding the Nov & Dec 06 months on the end of that same claim?

[itsamomentintime]

Agreed Minzai.

I am on my first claim but since i started that I have incurred charges in Nov, Dec and Jan despite not using the account at all.

I am just waiting to get my first claim sorted out before i begin again with my second claim. I don't mind the wait as it is gaining interest. Also I have sent another S.A.R - (Subject Access Request) for statements dating from 1993 to 2000. I have done some reading on the Limitations act and I am hoping to reclaim earlier years.

Would the Judge look badly on me having three claims with the same bank? Would I better applying for 1993-2000 and adding the Nov & Dec 06 months on the end of that same claim?

 

 

Kerrie this is UNBELIEVEABLE

 

i too have recieved charges whilst not using the account

 

i too have sent a SAR (Subject Access Request) for statements dating from 1993 to 2000

 

i have a court date an all 13th April 2007 - CANT WAIT!!!!

[Kerrie78]

Gosh, that's spooky. Our claims are almost identical lol.

I still haven't heard from the Court regarding a date or track yet, hope it won't take too much longer, AQ's went back before 27th Dec.

Another set of charges are coming out on Jan 15th!

At least my 2 new accounts are building up nicely because I haven't incurred any form of charge since opening them, it just goes to show how one or two charges can spiral into thousands of pounds worth of debt.

 

Are you claiming 1993-2000 seperately from the latest few months worth of charges, or will you just claim together with a large gap inbetween the dates?

[itsamomentintime]

seperately, you should see the final amount on £700, after contractual interest @ 28.7%.....

[Kerrie78]

Okay, I will do it that way aswell I think. I am going to send my Prelim off today for Nov-Jan just gone, and see what they say to that.

Also, despite sending my SAR and £10 off over 2 weeks ago for 1993-2000, I stupidly forgot to record it - so obviously they 'havent received it' because my cheque hasn't been cashed and I have neard nothing back from them.

[itsamomentintime]

cancel the cheque and resend - with recorded delivery of course!!!!

[itsamomentintime]

can anyone answer the following questions?

 

1. abbey are asking me to repay my overdraft but i am suing them, so the amount owed is in dispute. what specific offence are they committing, by asking for repayment whilst the amount is in dispute?

 

2. abbey are threatening to default me over the above overdraft. again, what offence will be committed if they default me?

 

thanks!!

[Mindzai]

can anyone answer the following questions?

 

1. abbey are asking me to repay my overdraft but i am suing them, so the amount owed is in dispute. what specific offence are they committing, by asking for repayment whilst the amount is in dispute?

 

2. abbey are threatening to default me over the above overdraft. again, what offence will be committed if they default me?

 

thanks!!

 

As far as I know, the answer is none and none.

 

However, they would be in breach of the Banking Code s13.6 if they default you. If they are anything like Lloyds though, dont expect that to stop them.

 

You could try writing to the FSA, Trading Standards and the Banking Code Standards Board, copying in Abbey, maybe that will make them reconsider.