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Jay vs Abbey


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Hello all.

 

Was put onto this site by a friend who had successfully reclaimed all of the loot that had been jammed out of him via the overdraft charging system.

 

I have just started my own battle with First Direct, and will be going through my statements tonight just to check them before phase 2 begins!!!

 

Will keep you all updated on the progress.......fingers crossed!!!

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Welcome Scuba Yes your in the right place !

Take some time to read up before you start.

Your friendwill have told you its important to get everything right.

Help is never far away should you need it !

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

After much research and hearing of the victories others have won I started on Abbet recently.

 

I posted a request for the statements a while ago, and got the standard "it's all on microfiche and a real pain to get....do you REALLY want it?" letter as a reply recently.

 

Yesterday I got 6 years worth of statements from them and initial checks say that I am going to be applying for over £2600!!! I will research this in depth tonight with my accountant (my girlfriend!!) and the letter for the claim (number 1) will be sent no later then Monday.

 

Fingers crossed!!

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I have just gone through the rather scary and anger inducing list of charges for the last 6 years from Abbey, and I want to send the claim form off as soon as possible, but I want to claim for the right things. I have 2 sets of questions:

 

1) What address and to whom do I address the first claim letter for the best response?

 

2) Which of the following can I claim for:

 

a) Unauthorised O/D fee - £15-£16.50 each

b) Unpaid D/D fee - £30-£32 each

c) Cleared Transaction fee - £15-£20 each

d) Unpaid cheque charge - £32 a pop

e)A one off transaction charge - £65.25!!!:eek:

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I have just gone through the rather scary and anger inducing list of charges for the last 6 years from Abbey, and I want to send the claim form off as soon as possible, but I want to claim for the right things. I have 2 sets of questions:

 

1) What address and to whom do I address the first claim letter for the best response?

 

2) Which of the following can I claim for:

 

a) Unauthorised O/D fee - £15-£16.50 each

b) Unpaid D/D fee - £30-£32 each

c) Cleared Transaction fee - £15-£20 each

d) Unpaid cheque charge - £32 a pop

e)A one off transaction charge - £65.25!!!:eek:

 

 

Answers in order as follows -

 

1) Abbey National House

2 Triton Square

Regents Place

London

NW1 3AN

 

2) A,B,D for definate

C & E - Not seen anyone else try for these, but they do look to be dispriportionate to the actual cost of the service provided, so could be worth a try as at the end of the day that`s what claims are based on.

 

Hope this helps :)

 

Views Expressed are my own, if they help, please click my scales

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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I have been following the many threads realting to claims that are being made and have followed the procedure myself to instigate a refund of all the charges I am owed from FD and the Abbey. I have reached the LBA stage with FD and just sent the first letter off to Abbey but I have received no real acknowledgement from either. FD did send me a "we'll get back you in the next 10 days" response, but since then - zip. Their lack of response led to the LBA being sent.

 

Abbey is the same, with nothing being heard at all from them about any of the whole thing.

 

I know I am at the jitters stage of the application and that this is what the banks are hoping for, so am I right in thinking that this is part of a new strategy by banks where they don't reply hoping that only those with serious persistence win in the end?

 

Once I have the loot in my mitts I will relax a bit, but it feels like a staring contest at the moment. I don't intend to blink.......but the waiting makes the eyes dry out!!!

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It doesn't really matter if they choose to respond. It is your timetable that matters not theirs. So if you say refund me within 14 days on Prelim they say we will get back to you and nothing then it is 14 day warning on LBA if no response then you sue them. And it is healthy to blink so your eyes don;t dry out!! Good luck

I came I saw I helped. I could do no more.

 

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Sent the 1st request letter off 13 days ago for £2500.

 

Since then I have started reusing the account and due to a small error on my behalf immediatley incurred a charge of £50!!!!

 

I will be sending letter 2 (LBA) on Saturday with this new charge added on as a "and this is what you are going to be taking" note.

 

I did receive a reply from them today - the usual "we really care, our complaints team is investigating etc" bumph which does not address my needs, so looks like LBA will be fired off on Saturday.

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  • 2 weeks later...

Question time:

 

I know it gets asked every time someone makes a claim, and here I am, asking the same damned thing, but I just gotta know!!

 

Abbey have replied to my LBA saying that they have done a "full and thorough investigation" and that the charges stand, they aren't giving me the full amount - basically the brush off. They offered to give me £50 as a goodwill gesture, and also stated that the OFT comment on bank charges related to something other than bank charges. It sounds like so much of a brush off to me, and I wondered if anyone else on the CAG site concurred.

 

My next step, on the 5th Jan is the MCOL against Abbey. My gut feeling says carry on, but am I right in thinking that Abbey are just stalling?

 

Cheers!!!

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Jason, stick at it - your letter is the normal reply from Abbey. I've seen several like that on the site. Reply saying you will accept this as only part payment but will continue court action for the full amount. Skim read your notes but LBA before court claim. Any probs - just ask!. Good luck

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Jay, just a thought about MCOL - there's a tight character limit and looking at Shabby defences they sometimes say things like "we are embarrassed not to able to defend this or that point because the Claimaint hasn't been specific". That wouldn't look too good to the Court and will just drag things out. I'm going to do a hardcopy N1 claim (exactly the same timeline as you) and make each point as hard as I can for Abbey to defend. I'm therefore going to highlight as separate points (amongst others) :

  • the various common law precedents (inter alia, Alfred McAlpine Capital Projects Ltd v Tilebox Ltd [2005] EWHC 281 (TCC) and Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1915] AC 79);
  • that the Defendant was given two opportunities to justify its charges by explaining its costs, but has ignored my requests;
  • the OFT investigation into banking in Northern Ireland (Abbey’s own evidence was that it treats its customers in England the same)
  • the OFT report (OFT842) that credit card penalties are at a significantly higher level than is fair for the purposes of the UTCCRs The OFT stated that its findings were likely to be relevant to bank account charges.
  • why I'm claiming contractual interest

I'm also not sure how to attach the schedule of charges to MCOL. Hardcopy N1 means a trip to the Court, but worth it in the long run methinks. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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  • 2 weeks later...

I received a letter from the Abbey today stating that they intended to defend the matter at court and that they could not understand why I was claiming as much as I have - the old "you haven't told us" routine. I am going to start preparing my defence now so that it is all ready to submit as soon as the MCOL page changes and I am also going to send a letter to the Abbey with another spreadsheet on it breaking the costs down, and also pointing out that it will be the 4th time that they have had the info from me, and that it was all under recorded mail. It looks like I am entering the endgame....

 

Any tips?

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It's probably been covered in other threads, but I am having problems finding what I need despite a morning's research!!

 

Abbey have sent me a letter stating that they are going to defende against my claim for charges, and I have gone past the MCOL stage now. As they have stated they are going to defend I want to get my file ready so I just have to copy it and send it in - but I have some questions:

 

1) The court bundle on here - is this the whole lot that I need for the case, or is there more elsewhere?

 

2) When I do the file do I need to include ALL of the bank statements that Abbey sent me - or just the bits where they have charged me which I have highlighted? (The reason I ask is that there is tonnes of paper, and it is going to take ages to copy hundreds and hundreds of sheets). Alternatively, is my spreadsheet sufficient?

 

3) I read on one post that he was writing a statement for the court file. Is there a pro forma for this on this website, or is it somewhere where I have not looked yet in the court bundle?

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Hi Scuba, could you post a list of exactly what you have done so far and exactly what you have received - thanks

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Thanks for looking in on me!! Ok........this is what has happened so far. I am not sure of dates as I am at my GF house and am doing this from memory.

 

1) October sometime I sent the request for the last 6 years worth of statements.

 

2) I got the usual microfiche letter, but was going to let it run the 40 days before I took further action. Shortly after I got the usual Abbey letter I received all of the last 6 years statements in a neat bundle.

 

3) I worked everything out and it came to £2500 in charges. I sent the 1st letter to them and received no reply from them. The 2 weeks ran out, and I sent the 2nd letter.

 

4) Abbey then sent me a letter saying they were looking into matters, and that they would take about 8 weeks to look through it all. I was going to wait the 2 weeks out as per my timescale.

 

5) Time ran out and I sent the LBA to Abbey. A short while later I got the standard letter from abbey saying their charges were appropriate, they would be confidnet of defending it, they were going to give me a £50 refund on some new charges as a goodwill gesture but basically I could stick it - they felt the matter was closed.

 

6) The time came for me to file with MCOL, which I did, and they acknowledged on 28/12/06. With the 8% interest and the MCOL fees the charges now stood at £2820.

 

7) Yesterday I received a letter from Abbey saying that they would be filing a defence in the near future, they couldn't understand why I was requesting £2820 and that I had not sent them a breakdown of my charges (which I had 3 times via recorded mail). They also pointed out I would have to supply evidence to the court etc, almost as if I had not thought of any of this.

 

8) Today I sent a recorded mail letter to Abbey saying that I would post all the details of the evidence to the court etc as soon as I had a defence confirmed etc. I also included information on the breakdown of the charges and included another spreadsheet, stating in a nice way that it was actually the 4th time I had now sent it to them via recorded mail and that I would continue to do so every time I wrote to them from now on.

 

 

 

That's as it stands now, and in anticipation of filing a defence I want to get my court papers ready, hence my questions in the 1st post. Hope you can help!!:)

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so you have received a copy of their defence and filed your N1 including spreadsheet at court and a copy of the list of charges including interest to their solicitors, right all you need to do now is wait for the Allocation questionnaire and possibly a letter offering you 50% of your claim which of course you will refuse LOL.

 

You need do nothing else yet apart from read lots of threads and get the gist of the time frames and the way in which it all happens

 

Good Luck and if you have any further questions then just post em on here and we will try and help

 

perhaps you could PM a mod - suggest Karnevil to change this thread to something like scubajay v Abbey

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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No Abbey have not filed a defence yet. All they have done is writtien to me and told me that they are going to in the near future - so the next few days really.

 

All I am stuck on is stuff that I seem to have picked up from the posts I have read, which led to the questions in my 1st post.

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Thanks for all that detailed report. I'm justing starting out - been reading the forum over the last week or so just to build up some confidence! Luckily had all my statements over the last 6years, so that shaved off 40 days and a tenner. Done the spreadsheet and the first letter but just need an address to send it to. There's a couple in the contact details but want to make sure the correct people get it - although further down the line they'll deny all knowledge of recieving them.

These are the 2 I have:

Customer Servces (Banking)

PO Box 297

Bradford

BD1 1BR

OR

ABBEY NATIONAL PLC

ABBEY NATIONAL HOUSE

2 TRITON SQUARE

REGENT'S PLACE

LONDON

NW1 3AN

- could you recommend which.

Much appreciated

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I have used the triton Place address before and it seemed ok. I know there is a list of addresses on the forum somewhere which gives all the good ones. Once you have started then use the address that they write back to you from.

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Hello there.

 

I have 2 ongoing MCOL claims against 2 banks - First Direct and Abbey.

 

I am running 2 threads for these matters in their respective banking sections but am needing some advice and hoping to open my questions to a wider audience who might not see my questions buried in the threads.

 

 

Hope someone can help and set my worried mind at rest.:eek:

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It's probably been covered in other threads, but I am having problems finding what I need despite a morning's research!!

 

Abbey have sent me a letter stating that they are going to defend against my claim for charges, and I have gone past the MCOL stage now. As they have stated they are going to defend I want to get my file ready so I just have to copy it and send it in - but I have some questions:

 

1) The court bundle on here - is this the whole lot that I need for the case, or is there more elsewhere?

 

2) When I do the file do I need to include ALL of the bank statements that Abbey sent me - or just the bits where they have charged me which I have highlighted? (The reason I ask is that there is tonnes of paper, and it is going to take ages to copy hundreds and hundreds of sheets). Alternatively, is my spreadsheet sufficient?

 

3) I read on one post that he was writing a statement for the court file. Is there a pro forma for this on this website, or is it somewhere where I have not looked yet in the court bundle?

 

4) I am just doing the AQ for another bank's case (First Direct) and have another question. Do I add the £100 court fee on top of the other charges that I have amassed? (charges, court fees and interest.....and now this new court fee??)

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