Ben Vs Abbey

[zzub]

After paying Abbey £10 not once but twice - and waiting a little while - to get hold of my *own* bank statements, I find out that they owe me £1271 in charges.

 

Most of that is from the one year about three years ago that their charges kept putting me back over my OD limit and then they charged me £20 for each charge that I couldn't pay to them from my bank. Go figure. The worst was the £150 they took out on Christmas Eve - not because I didn't pay my Christmas but because I hadn't paid them for the month before in charges!

 

Anyway, I have done the maths, and posted the letter today. Let's see what happens next.

 

This is my first post into this forum, so any advice, common sense, or even just some moral support would be nice.

 

I have opened a lovely parachute account, but I went into that bank today just to check the account was ready and the (ONE - Saturday after Christmas!) person was not the smartest beastie in the shop, so I hope Abbey don't close my account.

 

However, have a great new year everyone. This money will certainly help me have one myself.

 

Cheers,

Ben

[copperman05]

Best of luck, I'm at a simiar stage as you but still waiting for the rest of my statements. It seems just a case of going through the motions, sending the letters and not giving up at the first offer! Gets a little complicated when things get to court but its still very doable (I hope).

 

Keep us updated.

[zzub]

Well, well.

 

The 14 days have passed. Have Abbey offered me anything? NO

Have they threatened anything? NO

 

Have they done anything at all? NO

 

So, maybe they hope I have forgotten about the £1400 they owe me of my money...

 

Er... no...

 

Second letter to Abbey being penned now...

 

Wish me luck, fellow bank charge reclaimers...

 

Zzub

[bish]

Good luck fellow BCR, its a long and winding road, may you fly as the crow. If not S**t on them from a great hight.

 

Regards bish.

[zzub]

After saying that Abbey had no reply.

 

After 14 days, I get a letter from them. It says not:

 

HAVE YOUR MONEY BACK

 

Not even:

 

HAVE SOME MONEY BACK...

 

More like:

 

Let us work out how much we think we owe you in our own time (about two months) and then that will be okay. We are in a better position to know than anyone else, and best of all - our services are free!

 

Its exact wording is quite patronising. So, I am going to ignore it and post the Letter Before Notice in the post Monday morning.

 

Cheers all,

 

ZZ

[zzub]

Sent letter before notice.

 

Got a reply today.

 

They put £150 in my bank.

 

Now, I know I have to start the court proceedings and I am about to do so now.

 

Do I now need to write to abbey as well and tell them that their £150 was a nice start but actually less than 10% of what I expect them to pay...

 

Cheers,

Ben

[Mad Nick]

yes and remind them of your timetable (if the 14 days to N1 isn't up yet, otherwise just do it). regards, Mad Nick

[charleyfarley]

Hi ben,

 

Keep it going.........it's early days yet, but I think I'm at exactly the same stage, so will follow what goes on with you.

 

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

[zzub]

Ok, I will write to Abbey and let them know. No problems.

 

Help needed though... I do I get my bank claim into under 24 lines and 1080 characters. I have tried several by I can't quite manage it... anyone got a template to use?

 

Cheers,

|Z|

[bish]

Hi Z,

 

I take it you are using MCOL which is a bit restricting, you could always fill in an N1 and post to the court with a cheque. It gives you more scope to attatch a schedule of charges and plenty of room to get your claim down. You can also hand it in by hand and pay cash. Try the library for templates.

 

Regards bish.

[zzub]

Hey all...

 

I found an excellent template on Money Saving Expert (letter 7 to be precise)... I have filled in the Court Claim and paid the £120.

 

Hey - I am now a claimant in a court case. For the first time in my life. A bit exciting.

 

The irony was that I didn't know where I was going to squeeze the £120 for the court case from, but Abbey paid me £150 as a gesture of good will so I have used that to pay the court. That I really like.

 

Anyway, do I need to write to the Abbey again at this point?

 

If so do I need to:

 

1) Accept the £150 as PART payment?

2) Inform them anything about the court case?

3) Wind them up and slag them off about paying me about 10% of what I have asked for?

 

Any advice from someone who has been there would be welcome.

 

My other problem is I am in India 10th - 18th Feb... will I miss anything exciting being out the country? I worked out that the court has 5 days meaning (from Monday 5th) Monday 12th. Then Abbey has 14 days = Feb 26th so I should be back with plenty time. Could someone please tell if my maths is correct.

 

Thanks so much...

 

|ZZ|

[Mad Nick]

Ben,

1) Accept the £150 as PART payment? Yes - "accept as partial settlement but still claiming the balance".

2) Inform them anything about the court case? If you've only just done MCOL, then it wouldn't hurt to tell them (and what their next deadline is).

3) Wind them up and slag them off about paying me about 10% of what I have asked for? I wouldn't bother winding them up, but you ought to tell them why you are not accepting their GOGW in final settlement; ie they have ignored the fundamental issue which is where, if you wanted to have a pop about something, you could ask again for a breakdown for their costs associated with your breaches "because you think this is fundamental to your claim and that you therefore expect this to be requested by the Court if Abbey chooses to defend the claim".

 

..... and if you did MCOL but haven't sent copies of your schedule of charges to MCOL @ Northampton to get them joined up with your claim, Abbey will send a snotty "how can we be expected to file a defence without the details" letter which will probably arrive while you are away. You'll probably also be away for the letters from the Court confirming Notice of Issue (served on Abbey) and confirmation that Abbey intends to defend the whole claim, but they are just for information. The next big event will be Abbey's defence. Regards, Mad Nick

[zzub]

Well, Mad Nick you must be psychic.

 

I have returned from India yesterday - didn't check the mail (except for the Dominoes Pizza coupons because there was nothing to eat in the house).

 

Sitting here tonight wading through the mail, I found my letter from the Court confirming Notice of issue, and the confirmation that Abbey intends to defend and the snotty letter from Abbey saying "how ever, you have provided no details as to how this sum has been calculated. Similarly, you have not provided details of the £199.06 claimed by way of, interest showing how that amount is made up with reference to each charge."

 

Talk about tortuous use of English!

 

In addition, this letter is actually from Abbey National plc. Well, that is who it says it is from. It even has a signature of an "A". Can you get over that? Not a letter from head of complaints or from legal, no - Abbey itself has sent me a letter!

 

So I have penned a letter back basically saying that if two times was not enough to be sent my full schedule of charges, then I have enclosed it a third time. Thank you for the £150, but it is accepted as partial settlement, and that I have prepared my paperwork for the court which I will send them a copy in due course.

 

Is there anything else I need to do at this stage???

 

Thanks so much for your help.

 

|ZZ|

[Mad Nick]

Ben,

Well, Mad Nick you must be psychic.

Now, let me look into my crystal ball (no jokes, pleeeez). I see good fortune ahead for you my dear chap. I see an envelope on your doormat. I can't quite see inside. Wait, it's coming clear. Yes, it's a cheque inside for £1271 + interest + Court fees. But wait, I see another 2 envelopes first :

• one from Abbey with a copy of their defence and a 50% offer in final settlement;
  
• one from the Court with the official copy and an AQ to fill in.

and I see you diligently reading this link to get ready for the final stages :http://www.consumeractiongroup.co.uk/forum/abbey-bank/52494-read-now-if-you.html

 

Regards, Madame Nick !

[zzub]

Ok, got the copy of defence from Abbey. Got the offer of 50%. Nick, could you tell me the 6 numbers that... never mind...

 

Got letter from the COURT with form to fill in.

 

Got ill. Missed a few days from doing anything.

 

Now panicking... looking for forms for court.

 

Now they want ANOTHER £100 because I filled in the MCOL first time round and this is for my local court. Is this normal, can someone advice?

 

Also, am I against the clock now, because I have an OFSTED inspection on Wed and I need every second to make them think I am organised?

 

Can I just leave the court thing for a couple of days?

 

Please advise.

 

Thanks so much.

 

Cheers,

|ZZ|

[zzub]

Just to clarify my previous post - I haven't got a court DATE, I have paperwork from the COURT to fill in, with which they are asking for £100 (which is not lying around to be fair!)

 

Cheers

|ZZ|

[Mad Nick]

Ben, the form you've mislaid is the Allocation Questionnaire. It would have come with your claim number written on and a deadline for return (and you have to cough up the £100, sorry). You have to meet the deadline. Mine came on about 9 Feb with a deadline of 2 Mar. I suggest you ring the Court and ask what the AQ deadline is for your claim, say you've mislaid the AQ and ask if it's OK to fill in a copy from here : http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForms.do;jsessionid=81E54BB17BDBBDD17597D468C07EF181

I expect they won't mind.

 

You also ought to reject Abbey's offer. Note that it was "Without Prejudice" so don't include it in your Court bundle. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

After you return the AQ, the Court will reply with the Judge's Directions (ie to submit a Court bundle) and a Court date.

 

Regards, Mad Nick

[zzub]

I have just found the Court Form. (It was in with my Toys R Us statements in my finance folder - go figure!).

 

Ok - my date is 21st March, so I still have a little time.

 

Couple of stupid questions:

 

1) This hundred squid - we get that back don't we? Abbey will pay that to us???

2) When you say I should write to Abbey - just a simple letter rejecting their offer?

3) What roughly will be the gap between the AQ and the Judge's Directions?

 

Cheers,

|ZZ|

Cheers,

|ZZ|

[zzub]

Last stupid question:

 

On section G: "OTHER INFORMATION" should I write anything or leave blank?

 

Sorry for being so dull, I am not yet 100%, have a billion things to do and I am tired!

 

Cheers,

|ZZ|

[zzub]

P.S.

 

The AQ says I only need to pay the £100 if the claim is over £1500.

 

Now my claim is for £1470, but if you add the ORIGINAL COURT FEES from the MCOL to that then it is for £1620.

 

So which is it?

 

Sorry for all the questions.

 

Cheers,

|ZZ|

[charleyfarley]

Hi zzub,

 

I've been suggesting you read post number 74 + 75 for section G stuff

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/60102-sam78-abbey-4.html

 

and thanks to sam78 for all his work that I've been ripping off to all and sundry for the last week!