Estellabianca V Abbey

[Estellabianca]

thx a lot BP:)

[Estellabianca]

hi:) I just received a letter from the court: Notice that acknoledgement or service has been filed by Abbey:( .Abbey indicated that they will defend all of the claim. I AM GETTING WORRIED:( .Will I ever get my money back? Anyway, theu have now 28 days from the day of service to file a defence. What will hapen next? What do I have to do?

[charleyfarley]

Hi Estelle,

 

Lots of us are at a very similar point in our claim. It's time to sit,wait and read.........about AQ's and Court Bundles

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/55539-charleyfarley-abbey.html

[Estellabianca]

Hi Charley thanks for your support:) .

[Estellabianca]

One more prob: I'm still waiting for my December statement I've complained to the data protection comissioner, practically harrassed Abbey with letters and I still haven't got it. About £ 400 of charges were taken in December:mad: . I'm just waiting to it to amend my claim. Will I ever see it?

[charleyfarley]

Estelle,

 

I've not had this problem becaus I had my statements, but I know it's general practice to estimate for any missing statements so can't you show this one as an estimate based on the best of your knowledge, and if push does come to shove and you have to stand in front of a judge then you've got a pile of letters a foot high to show how much effort you've gone to to get the true figure, and how intransigent Abbey have been.

 

Only a suggestion, like.

[Estellabianca]

thx

[Mad Nick]

Estellabianca, ......... and just remember this is almost certainly going to end up in a telephone haggle with Abbey just prior to the Court date. So that's when you demand the December charges. And if they refuse, just tell 'em you'll see them in Court. They might say they weren't on your N1, but Charleyfarley's right - your correspondence about it puts you on good ground for Court if it ever got there. Regards, Mad Nick

[Estellabianca]

hi all. I jusr received my december statement after 3 months and a half and none of the charges appears on it:mad: . It's probably been erased by abbey:-o . The ICO didn't do anything about it. What can I do?:-? :-? I'm quit sure, 100% positive that at least £400 were taken in december 2005. Please help.

[AppleCrumble]

hi Estellabianca

 

When Abbey sends out the usual monthly statements, the notification of any fees due to come out from your account in the following month is detailed on the front page.

However, when they send out duplicate statements, that bit of the computer programme or whatever they use doesn't kick in as the fees are in the past.

 

BUT the fees that were taken out are still there, you just have to look very carefully through the details of the statements, in the transaction listings. The fees are always taken on about the same date each month, so if you find some other fees and check the date they were taken, and look under that date each month, you should be able to track down every fee that has been taken.

 

They can't erase transaction details, as if they did that there would be more money in your account!

[Estellabianca]

Hi all, I just received a letter from Abbey offering full and final settlement offer for £1000 which is half of what they owe me and I also received a copy of their defence. What should I do next? Do I have to write to abbey to refuse the offer? or accept it as a part settlement? What is going to happen next?

[charleyfarley]

Hi all, I just received a letter from Abbey offering full and final settlement offer for £1000 which is half of what they owe me and I also received a copy of their defence. What should I do next? Do I have to write to abbey to refuse the offer? or accept it as a part settlement? What is going to happen next?

 

 

Hi Estella,

 

It's a standard practice of Abbey's to send out a 50% Offer and defence letter at this stage. Tell them to go forth and muliply ( there is a template for this under "Rejecting GOGW payments" ) and wait for an Allocation Questionnaire from the court. When you have read it and understood it fully then come back to the forum and explain it all to me because I'm about 2 days behind you:)

[Estellabianca]

Thanks:) .

I've had a look at the template letters under rejecting GOGW and I'm not sure whether I should use letter 5 or 6:confused:. In my case I have started the court claim. But I have received in the same envelop from Abbey the 50% offer signed Abbey and their defence apparently it's a copy of the defence from a county court (Plymouth) The defence is signed Abbey National plc and I don't have the names of their solicitors or solicitors firm:confused: strangely.

Should I use the template letter 5 or 6?

[pollyjohnson]

Use letter 6. Tear cheque in half and send it back. Just reply to the address who sent the cheque. Abbey don't always use solicitors.

[Estellabianca]

[Estellabianca]

Hi everyone, just received the Allocation questionnaire from the court. Can anyone help me or send me a link about that? I'm not sure how to fill that in.

Thank you.

[charleyfarley]

Hi Estelle,

 

I tell people to look at post#74 on this thread working on the theory that if Michael Browne says it's spot on then it is!

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/60102-sam78-abbey.html?highlight=sam78

 

Also

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

and

 

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

[Estellabianca]

Thanks:) .I've received the N149 form. My claim is fro £2000. I'm confused:| . Do I have to attach to the n149 a draft order as well? Please confirm. And one more question: should I write to Abbey to give them a last chance to pay me in full before I fill in the allocation questionaire like sam did?

[bp]

Thanks:) .I've received the N149 form. My claim is fro £2000. I'm confused:| . Do I have to attach to the n149 a draft order as well? Please confirming you don't have to its your choice the aim of the draft order is that if the judge takes it up, it speeds thing up. however, please read it carefully as the danger for you is that you must supply all the info request within 14days so if you do decide to attach it, start familiarising yourself with the basic court bundle and other info to add to it. And one more question: should I write to Abbey to give them a last chance to pay me in full before I fill in the allocation questionaire like sam did?

you can if you want it just lets them know your intentions however, they'll soon get the drift when they receive your court papers. If they have put the funds in your acc or sent you a cheque, i would reply to them with a rejection (if its in your acc, make sure you don't touch it1)

[Estellabianca]

what info would be requested exactely if I send the draft order?

[bp]

have you looked at it, it asks for the legislation you are going to use to argue your case, statement of evidence, any witnesses you are going to rely on ... would you like me to post the link for you?

[Estellabianca]

Thanks I've had a quick look at it but I'm still unsure:-| . What's your advice? Is it better to send the draft order for directionswith my AQ or not?

[Mad Nick]

Hi, the draft Directions to attach to an AQ are here : http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

The idea is to see if you can get the Judge to put a bit more pressure on the Bank to disclose the rationale behind its charges with the aim of getting them to cave in sooner. The Judge will do what he likes, and if he ignores your draft Directions it won't count against you and won't make any difference in the long run - the Banks will still never disclose. Regards, Mad Nick

[Estellabianca]

Thanks a lot Mad Nik:) .

[Estellabianca]

Hi all! I've got a little problem: I'm at the Allocation questionnaire stage with Abbey. I'm going to send mine off next monday.

I've just received my monthly bank statement and it's written that I'm going to be charged again in April:mad: £35.00 for an unpaid standing order which I cancelled anyway but the following day, after the payment due date:mad: .

What can I do about it? Is Abbey supposed to continue charging a customer even knowing that court action has already started about bank charges? What can I do to stop them from taking my money again?

Please help:confused: