Happyphil V Abbey and won

[happyphil]

Hi to all Abbey customers who are fighting for what is rightfully yours.

 

Lets keep up the pressure on Abbey and dont let them bully you into backing down.

 

I requested my last 6yrs statements from Abbey on the 2nd May and to date i still have not recieved them. I spoke to them last wednesday and they told me it takes 10days to recieve them. The have cashed my £10.00 admin fee. That was on the 31st May. They've got till next wednesday and then i ring them agian and also send another letter.

 

Looks like they have resulted to stalling tactics.

 

Happyphil:)

[pmhread]

The next letter you need to send is the DPA non compliance letter (after the 40 days is up).

 

Have you thought about starting a new thread on the Abbey forum where you can ask questions and update us on progress?

[happyphil]

Hi to all those i met yesterday in london outside the oft. My user name was happyphil after all:)

 

Id like to say hi to the lady who gave me a kiss because i she liked my northern accent:)

 

I will keep you all upto date with how im getting on with Abbey. At the moment im waiting for their 28days to be up and to see if they payup on the 11th hour.

 

Bye for now

 

Happyphil:)

[cleungs1]

Oohhhh wish I could have been there, any way good luck with your quest with your bank charges.

[happyphil]

Hi all.

 

Ive just had an offer from abbey of half of what im claiming,but as im not a person to back down or be bullied by them, you can guess that ive refused there offer and will continue to fight them all the way to the courts.

The BBC 2 programme Bank Robbery that was on last nite will hopefully encourage more people to join the battle and stand up for there rights.

 

I joined the protest on the 1st December and it was good to see that it was featured on the programme.

 

Goodluck to all those fighting the banks:)

 

Happyphil

[happyphil]

Hi Karnevil

 

Thank you. Its nice to know that im making a difference:)

 

Its all thanks to sites like this one and my own experience with dealing with Abbey and i hope that my own experiance and advice will help others fight agaisnt the banks. I will keep you all upto date with my progress and where i can i will give help to others having problems.

 

If i do get stuck with anything. I will ask for advice:)

[happyphil]

Hi all.

 

I have a question that i think we should all think about and also if any Abbey customers have won there case should be able to answer.

 

Bank accounts being closed after a case has been won?

 

Some banks have closed accounts of some people who have won and what im looking for is if any Abbey accounts have been closed because of this?

 

The charges im taking abbey to court for is from an account that was closed, so they cant close that account,but the account im using now with them is a joint account and what i need is information on wether or not abbey can close a joint account that is not involved in a bank charge case that is going to court?

 

If anybody knows post me a reply or post a new thread as this may also put alot of people at ease.

 

We might be fighting hard and winning,but the banks are also hitting back by closing accounts and this will almost cause problems for some.

 

Lets be one step ahead of them.

Happyphil:)

[happyphil]

Hi all.

 

This is Abbeys defence letter they have sent me. Has anyone had the same defence letter. They sent it out along with an offer of half the refund. Id like to here form anyone who has had the same defence letter.

 

 

1. Save as is specifically admitted in this defence, the defendant denies each and every allegation set out in the particulars of claim.

 

 

2. It is admitted that the claiment has a current account with the defendant, accnont number xxxxxxxx

 

 

3. At all times the account has been subject to the applicable terms and conditions ("conditons"), which form part of the contract between the claiment and the defendant and to which the claiment agreed when he opened the account. The defendant will refer at trial to the full conditoins but for the purpose of this defence will refer to the following extracts:

 

 

1. You can apply for an overdraft on your account. If we give you an overdraft we will tell you your limit and the interest rate applicable.
   
2. An unathorised overdraft occurs if without our agreement you overdraw your account or exceed the limit of an overdraft which we have agreed.
   
3. If you have an unathorised overdraft, you will be charged fees as set out in our tariff of charges or specified to you and these may include fees for transaction we are unable to process due to lack of available funds in your account.

 

4. Throughout the period he has the account, the claiment has received a number of copies of the conditions and of the tarif charges as they were amended and updated (through therehas been no material amendment to the conditions extracted in paragraphs 3 (1),(2) and (3) above)

 

5. Any overdraft facility on the account was (and is) subject to the conditions.

 

6. The claimant has overdrawn or exceeded authorised overdraft limits on the account on a number of separate occasions, full details of which will be provided on disclosure. Therefore the virtye of the conditions referred to in paragragh 3 above such overdrawing was unauthorised and in breach of contract and the claimant became liable to pay fees to the defendant in accordance with its tafiff of charges applicable at the relevent time. In accordance with the conditions,such fees were debited to the account.

 

 

7. In veiw of the facts and the matters referred to in paragraghs 3,4,5 and 6 above, the defendant denise that the amount of £7,232.76 or any other, amount was unlawfully debited to the account and the claimants claim for the repayment of that amount is therefore denied. The defendant denise that the claiment is entitled to claim interest in the sum claimed or at all.

 

 

8. The claimants contention that the said fees are unenforceable and/or are penalty charges is denied. The fees reflect and are proportionate to the defendants administrative expenses incurred due to the claimanrs breach of the contract and are a genuine and pre-estimate of damage suffered by the defendant.

 

 

9. Further or in the alternative, even if the said fees are not proportionate to the defendants administrative expenses incurred (which is denied), the claimant remains liable to pay such fees as may be found to be proportionate and the claimant is not entitled to claim the repayment of the full amount of each charge made to the account.

 

 

10. No admission are made as to the amounts claimed by the claimant and the claiment is put to strict proof of the same.

 

 

 

Happyphil:)

[Michael Browne]

Completely bog standard

[happyphil]

Thankyou for your reply Michael. Just as i thought. Its quite an amusing defence after just watching the video of Tuesdays BBC 2 money programme.

[kevcam]

I can't believe that they are claiming their charges are proportionate.

 

And Part 9 is unbelievable: -

 

"even if the said fees are not proportionate to the defendants administrative expenses incurred (which is denied), the claimant remains liable to pay such fees as may be found to be proportionate"

 

because if their fees are found to be disproportionate the entire fee is unenforceable - not just part of it!

[itsamomentintime]

part 9 is virtually an admission of guilt

[happyphil]

Well i just think abbey are living in la la land if they think that there charges are proportionate.

 

3 (1) made me laugh with regards to i can apply for an overfraft. I had an overdraft on the account,but when i tried to have an increase on that overdraft to help me out. All they could say was try again next month. I did that for nearly 12months and always got the same reply.

 

Abbey had better wake up to reality thats all i can say.

[happyphil]

Hi all. Can anyone help me with this Draft order for directions ive had from the courts.

 

1. The claimant shall within 14 days of service if this order sent to the defendant and the court:

• a)A schedule setting out each charge repayment of which is sought, showing the date,amount and reason given(if any)for that charge being made:
  
• b)Copies of any statement or other document relied upon as showing that ach and every charge has been made;
  
• c)A statement of evidence of all matters relied upon as tending to show that the charges are irricoverable as penalties or otherwise;
  
• d)Copies of decided cases and other legal materials to be felied upon.

If the claimant fails to comly with this order, the claim will be struck out without further order.

 

2.The defendant shall within 14days thereafter file and serve a response to the claimants schedule, stating in respect of each item claimed:

 

• a)Pursuant to what contractual provision such charges was made, producing a copy of the contractual document relied upon:
  
• b)Whether such charges is accepted to be a penalty, and if not why not;
  
• c)If such charges is alleged to be pre-estimated of the defendants loss incurred by the claimants actions(whether or not such actions is treated as a breach of contract between the parties), all the facts and matters intended to be relied upon as showing that such was a proper estimated of such loss, and all evidence to be adduced at triel as to what the true cost of dealing with the matter was;
  
• d)if such charges is not alleged to be pre-estimated of the defendants loss incurred by the claimants actions then facts and matters intended to be relied upon showing the basis upon which the charges was calculated and all the evidence to be adduced at trial as to show that the charges was fair and reasonable;
  
• e) Any witness statements;
  
• f)Copies of decided cases and other legal materials to be relied upon.

If the defendant fails to comply with this order, the defence will be strucj out without further notice.

 

xxxxxxx

 

I do understand it but could do with a little help in what information i need to complete what they are asking. Ive looked in the forum and have'nt found anyone else whos has had this draft order so also wondering if this is the norm.

 

Many thanks

 

Happyphil:)

[happyphil]

Hi all. After a little delving into cag i have found the information that i think i need to do the draft order which has come from Abbey and not the courts which im assuming is the norm. Was getting a bit worried that i was the only one who had had this form a id not seen it in any posts i had read.

 

Happyphil:)

[bp]

hi happyphil, as far as i'm aware this is not the norm. in fact, i'm quite suprised Abbey would sent you or request this draft order at all. i'll have a look but i'm sure this draft order is the very same that's just been introduced to try and speed up things as many banks were waiting until the last minute before the hearding date before paying up.

 

I'll come back to you in a mo

[bp]

you'll find the info on statement of evidance on page 3 in here

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-3.html#post450746

 

 

All the cases and statutes are here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

Hope this helps.

[happyphil]

Thanks bp. I did'nt think it was the norm. Thanks again.

 

 

Happyphil:)

[happyphil]

Hi all.

Just to let you all know ive had my court date. Its been set for the 19th March a year from when i actully started persuit for the charges.

 

Ive taken steps by opening up a new bank account just incase they do decide to close my account so ile be 1 step ahead.

 

Happyphil:)

[Ostrich]

Good for you! I've got my court date for 6th February so I'm just putting through the bundle now in preparation for posting tomorrow.

 

A word of advice, it takes a while to go through everything and get all the papers/documents in order and ready to be sent off, so don't leave it til the last few days! I estimate the photocopying will probably take me a couple of hours!

[happyphil]

Thank you. Court bundle is all ready. Started preparing when Abbey sent me a Draft order for direction aweek ago. It'l be posted thisweek.

 

Good luck and keep us all posted on how you get on and if they payout before date.

 

Have you opened up a new bank account?

[Ostrich]

Yes, I have opened a new bank account, but I haven't started using it as my main account, I'm still using the Abbey one. Time will tell if I need to switch!

 

Good luck to you too, I'll be watching to see how you get on.

[maz-pup]

I have just received the same letter today and am a bit worried.

 

Can anyone advise on what I need to do next please?

 

Many thanks

[happyphil]

Hi all.

 

just thought id let you all know that i have recieved a cheque for £7739.38 today for the full and final settlement of my case. Abbey have settled out of court 2weeks before the hearing. woohoo. Just have to wait now till it clears and then inform the courts and its finaly over.

 

Thanks to cag:)

 

 

 

Happyphil:)

[happyphil]

Hi Maz-pup

 

Dont worry. Its a standard letter that they send out. Bog Standard.We've all had one. Dont let the letter put you off,just carry on with what your doing. I actully used the letter as part of my evidence against abbey.

 

If it helps. I recieved full payment today from abbey 2weeks before we were due in court. push forward. get the court bundle and read the advice that is on the cag. Remember your are within your rights to do what you are doing.Its taken me a year and its well worth it in the end.

 

Good luk

 

Happy phil:)