Are Abbey Stalling ?

[irk69]

Hi,

I wonder if anyone could help here or give some advice ?

I've filed my claim against Abbey and gone through the various stages,yesterday I received a letter from them saying that they were in the process of reviewing this claim and preparing 'our' response, and that a defence would be filed in due course.

They go on to say that I have provided no details as to how I came to to the amount of charges and that I haven't shown how, the interest charge is made up.

Now,this is utter rubbish,I have provided letters with copies of the breakdown of charges that they actually provided me with and also the corresponding 8% interest charge.Each ime I sent a letter I sent this breakdown.

They also ask for my contact details,which I have sent them ( all recorded delivery ).

So,are they merely stalling ?

Should I send a further letter,giving them this information ?

Should I ignore it and carry on planning for court ?

Any information would be very much appreciated.

I see from some of the postings that there are several people at this stage,if you could let me know how your getting on or I can help just PM me.

Thanks.

[Rooster-UK]

Yes, procrastination strikes again.

Send them another copy of your schedule of charges with a covering note pointing out that it is the same as the ones that you have already sent them.

Send it recorded delivery, then they can't claim that they haven't received it.

Standard stuff. No need to worry.

 

Regards, Rooster.

[irk69]

Many thanks Rooster !

Will pop a letter in the post next week.

[Glenn UK]

Just a thought, im not sure if i have misunderstood, but you said you had filed the claim and also that you had sent them the schedule of charges when you wrote to them.

 

If you used MCOL you need to send a schedule of charges to both the defendant and the court after the claim is issued. If you didint do this then this may be why they are cribbing.

 

The fact that you wrote to them is of little conseqeunce in legal terms.

 

HTH

 

GLenn

[irk69]

Thanks Glen,

I did use MCOL and listed the charges in the particulars of the claim.

Should I send a full schedule and breakdown of all the charges and dates to the court and Abbey just to be on the safe side ?

[Glenn UK]

When you listed the charges did you include the date each charge was applied, what the charge was for, any interest paid (again date applied to your account) and then finally the interest you are charging them (contractual interest) how this is derived?

 

Glenn

 

PS sorry if im making a mountain out of a mole hill here if you know/have done all this.

[irk69]

Not at all Glen,in fact thanks for the help.

No I didn't give as detailed a breakdown as that.

So should I now send the court a detailed breakdown ( as you describe )

and a copy to Abbey ?

Can I send MCOL the breakdown online or does it have to be a hardcopy ?

Sorry to keep asking,but obviously I want to get everything spot on for the possibility of going to court.

[irk69]

Hi Karnevil,

Here are the particulars of my claim entered on MCOL.

Do you need anymore info ?

I hope I haven't messed it up ?

Thanks for the help !

 

 

 

Between 29/12/00- 23/01/03 the Defendant

applied numerous default charges to my bank

account.The charges applied constitute an

unfair penalty under the Unfair terms in

Consumer Contracts Regulations,which state:A

term is unfair if it requires any consumer

who fails his obligation to pay a

disproportionately high sum in compensation.

The amount does not reflect the cost of the

breach.Under law of penalties,the charges

are an unlawful 'extravagant'penalty.

Referring to the case of 1896 Wilson v Love,

a charge is a penalty if it does not reflect

an item's true cost.Under the County Courts

Act 1984,I am entitled to interest at a

rate of 8% per annum from the date they

were first deprived of the money to the date

of this claim.This amounts to a total sum of

claim £101.45,continuing to accrue at the

statutory daily rate of 0.012% until

judgment or earlier payment.I therefore

asks the court to enter judgment in my

favour for the sum £267.29 plus interest,

amounting to a total £368.74 dates stated.

[irk69]

Yes,I got them off MSE,and I think that this is where some of my problems have arisen,as I was recommended by a friend to use CAG,but that was after I was some way through the process.

I hope that everything is still ok with my claim,as it's a little worrying to get a reply saying you are a little concerned with the particulars of my claim.

Would you recommend that I send a copy of my charges to the Court and can I do it online or should I send a hard copy in the post ?

I will send Abbey another copy of my claim.

Once again thanks for the advice!

[irk69]

I think you've just answered that one !

Cheers

[irk69]

Thanks again,

I've just done my schedule ,but I found it slightly confusing .I did the simple version including the 8%,but I didn't include the interest debit I was charged by the bank,although I had included it in earlier correspondences with the Abbey.Does it matter ? I've now also completed the N1 form ready to send off to the court and to Abbey.

The figures have also come out slightly differently as well ( although that maybe because I used the one on MSE ).But I'm guessing that as I haven't sent a Schedule to the court this won't matter ?

Or am I way off ?

[Armsoft]

no probs, read my previous post - we probably crossed.

 

Its not a major problem, and abbey havent yelled lack of particulars at you, so if you send the parts and schedule now it may pre-empt that move from them....as the claim is quite small I dont think its a big problem, if any, so dont worry about it.

 

I would fully concur with Karn:)

 

Use the Simple Calc from CAG and send that with your parts to MCOL in Northampton (send by Recorded Delivery) and also send a copy of both to the Abbey (also by Recorded Delivery).

 

I may have mis-understood your comment regarding "the figures are not the same this time", but if your refering to the Calc Sheet, the figure for interest will change daily as it auto updates to ensure your Daily Interest is added.

Hope this is of help

[irk69]

Thanks Armsoft every reply is of help if only for encouragement.

The figures are slightly different,but I don't think it's just down to the daily interest.I think it may have something to do with me intially using MSE calculator.

I'm going to put the same figures in their calculator and see if they come out the same.

Think I've solved it,I was using the compound interest instead of Simple version No1 Throughout claim with contractual interest.

 

Just bear with me,I getting it sorted at last !

[Nikki C]

I`m at the court stage with Abbey. I`ve filed my claim and they`ve filed a defence. I now have the court questionairre to return by 9/01/07. Getting abit scared now, what if I`m the first person to loose????!!!!!

Is antone else at the same stage??

[irk69]

Hi Nikki,

I read through the forum quite a lot of late and I get the impression that Abbey are the Bank taking these claims the furthest.Having said that they haven't as yet won anything and I don't see that changing.With regard going to court,the best thing I can say is just be fully prepared,have all your documentation ready,copies,dates etc and go through the court bundle here on CAG it looks extremely comprehensive.

I think with that kind of preparation,even if you go to court I couldn't see you losing !

Keep me posted on how you get on.Remeber there are alot of people in the same boat and also there's alot of help here !

After I send my revised schedule of charges and copies on the N1 document I fully expect to be in a similar position to you.

[cross1217]

Nikki, You are slightly ahead of me. I filed my court claim last week. Abbey have until the 15th to acknowledge. Yes, Abbey are running those cases to the wire. How much is your claim for?. I have posted a question on the forum today regarding the AQ and a draft order for directions. This is regarding disclosure of Abbey's costing structures which a Judge can request. Can speed up the case and resulting payout.

 

It all gets a bit complicated from now in but keep talking to others on the forum and the Moderators will help with the legal stuff. I am reading AND READING lots of the cases ahead of me to pick up tips.

 

Good luck,

 

Cross1217

[Nikki C]

Thanks for the encouragement irk. Have just filled in the N150 for court and feeling alittle more confident but will be glad when it`s over!

 

Good luck with your case and keep in touch x

[Nikki C]

Hi cross

 

Yes it is getting abit confusing now but I`m plodding on. My claim in total is for £5313. How about you?

 

Idefinately couldn`t have done it without this site and will definately be making a donation when it all comes good.

 

Good luck to you too