Abbey - £7677.50 claim

[Andy Fairgrieve]

just read your posts for the first time and interestingly we both had abbey served on the same day seems like you are preparing early I will follow your posts through to conclusion and probably pick up a few ideas All the best

[pkir]

Hi Cross1217, I read your thread with interest as I'm in approx the same position as you (my claim was deemed served on 2nd Jan).

 

I Just thought I'd let you know that I received exactly the same letter from Abbey as you did yesterday (the one in your post #27 which starts "We are in the process of reviewing your claim and preparing our response. A defence will be filed in due course". ) The letter I got was exactly the same wording as yours throughout so it's obviously a standard template.

 

I haven't started my own thread yet (I've spent any spare time I have scouring this forum for hours & hours) but I'll definately do it tomorrow as it was so reassuring for me to see you'd got exactly the same letter as me word for word.

 

Good luck!

[pkir]

Re: my post above, I should have also said that I also got a letter from the court today to say that Abbey had filed an acknoledgement of my claim so I'm sure you'll get the same any day now.

[pkir]

Me again (sorry! ) FYI, if Abbey file an acknowledgement within 14 days they have a further 14 days (i.e. 28 days from the date your claim was deemed served) in which to file their defence, then the AQ's are sent out. I'm sure this is correct but hope some kind person on here will correct me if I'm wrong (pleeease!!)

[cross1217]

Yes, that's how I understand it. Will wait for acknowledgement from court.

[livelylad]

Hi,

14 days from when the claim is deemed served to ackowledge, then a further 14 to file a defence if they acknowledge. If they miss these dates you can ask for judgement.

[cross1217]

Received Notice of Acknowledgement from Court today. Abbey now has until end of the month to file defence.

 

Also received standard response from Abbey Customer Complaints Dept. (Stephen Lavery, Customer Resolution Manager) in response to my LBA. Letter dated 03 Jan 2007 ..having carried out a full investigation we believe the charges do not contravene regulations.....................fair

and open about telling you about them.....................the charges were correct beause you did not have enough money in your account..........................little things help like checking your account balance..............................

 

encl leaflet from Financial Ombudsman Service.

 

 

 

Next stage will be to await AQ and then complete and return when it is sent to me by the court.

[cross1217]

Right, Anyone at the AQ stage I would advise to read and digest the work of GaryH - "New Strategy for allocation questionnaires" (General forum) . Excellent stuff and extremely useful , particularly with Abbey claims.

 

It's all getting a bit technical now but interesting all the same.

 

I am now preparing to gather the information necessary for Court bundle so that I don't have a mad panic nearer the time.

 

Although my claim is >£5k I will be completing a N150 and attaching a draft order of directions for the Judge to consider small claims and requesting Abbey to provide details of their costs. I shall incude in OTHER INFORMATION that if claim is allocated to fast track that an order be made for Standard Disclosure.

[GaryH]

Hi Cross:)

Right, Anyone at the AQ stage I would advise to read and digest the work of GaryH - "New Strategy for allocation questionnaires" (General forum) . Excellent stuff and extremely useful , particularly with Abbey claims.

Glad you've found the new strategy useful. I can't take any credit for the actual draft order though, that was all Bankfodders work. I just helped out on the thread and provided a statement of evidence - mainly becouse I'd already had those directions in one of my claims.

 

As you say, the new strategy should be very useful in claims against Abbey, as (as I understand it) they defend on the basis that their charges are proportionate to their actual loss. This will force their hand becouse they'll either have to prove it, or pay up by the deadline. Obviously they are far more likely to choose the latter!

 

Best of luck with your claim, I'll be interested to see how the new strategy works in practice.

 

Gary

[cross1217]

Thanks Gary. Note your comments ( well done Bankfodder!) . I found your detailed explanation of this new strategy very useful and cleared up several questions I had in my mind about the whole thing. Thank you.

[cross1217]

I have a question and slight worry on my interest claim.

 

I have submitted the claim with the county court but on looking at my totals in the spreadsheet (which is several pages long) - the total columns have NOT automatically updated and are therefore a few pounds out in Abbey's favour!.

 

Does this matter - the charges are fine. It's just the running total when I submitted my claim was a few days out of sink. It changes all the time but I made a total carried forward from each separate spreadsheet which didn't update automatically. Does this make sense????.

 

When Abbey come to settle the total will run correctly to the last day anyway?. What do you think???. Any suggestions would be appreciated.....

[charleyfarley]

Hi cross1217,

 

Can't help with your query, but just a note to say that I have read your claim with interest as mine is just underway for £7630. Good luck

[cross1217]

Hello everyone,

 

 

****UPDATE****

 

Yesterday I received letter from the Court enclosing Abbey's defence. I have until the 12th Feb to complete and return to Court the attached AQ.

 

I will be including the draft directions for the Judge and will post those on the site for the moderators to check before I send.

 

Lots of reading to do this weekend on AQ and draft order of directions!.

[cross1217]

Letter received from Abbey today offering 50% of claim (£5129.50).

 

Attached also outline of Defence.

 

Will now be sending letter thanking Abbey for this offer but stating that it is my intention to claim the full 100%.

 

As I am about to return my AQ - is it a good idea to send them both at the same time and a copy to the court?.

 

Does the court need to know that I have been sent this offer from Abbey?.

 

Or do I proceed in the normal fashion with the AQ next and the draft directions???.

[noobrider]

I would read some of the threads which mention wthe inclusion of without predjudice letters in the court bundles. At this stage the court don't need to know but as you progress you will need to make a decision on whether this letter is a genuine attempt at settlement. If you believe it not to be, it is my understanding that it can be included in your court bundle.

[cross1217]

Hello all,

 

AQ filed at court this morning with draft directions for the Judge to consider. Await their response. In the meantime I have been in touch with James Arrandale who I initially faxed at Abbey with a view to a settlement offer. It looks like he is prepared to offer me the whole refund of charges plus a % of interest due which I would be happy with.

 

He has asked for the charges to be checked by one of his colleagues and then a cheque would be issued. Watch this space......................

[charleyfarley]

cross, that's incredible. As far as I an make out this is the first time Abbey have actually agreed a full refund without fighting you all the way to the steps of the court. I wonder if it's a change of policy or just a reaction to the amount of claims they are having to deal with?

 

Nice one!

[cross1217]

*************************Hoooooooooooooooooorah!!!!!!!!!!!!!!!!!!!************************************************************************

 

Just received phone call from James Arrandale offering settlement of £8800 - that is full refund of charges plus court fees and % of interest!!. I'm more than chuffed with this result and thank CAG for all your help. This really is an excellent site with some very helpful and friendly people that have encouraged me to pursue this claim.

 

James has said that money will be paid direct into my account within 7 days and once received I will advise court of settlement.

 

Donation to CAG once payment received.

[cross1217]

Well my story ends here, I've WON !!!!. £8800 went into my account today from Abbey. I will notify Court, who sent me a letter today which included details of Judge Rutherford's decision to send to small claims and stating that a hearing would take place on 2 May!. Interestingly, he had agreed to draft order requesting Abbey forward details of how each and every charge is calculated. All academic now as I have settled out of court with James Arrandale. Best of luck to everyone - this was alot easier than I ever imagined - thanks to an excellent consumer group site.Keep up the great work!!

[:Boy:]

Fair play and well done

 

Still waiting for my money from Shabbey

 

£8000, hope you have a nice holiday with that!!