Ladyloki Vs Abbey

[ladyloki]

Hi all, new here so I'll keep it brief.

 

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I recently wrote and requested the return of approx £1300 of my money TAKEN by way of charges that Abbey have applied to my account as a result of their evil ways. Abbey wrote back 10 days later saying 'non' and advising that their charges are in line with their Terms and Conditions. I wrote again, sayng that their T&Cs were not what I was querying, it was the legality of the charges, reiterating my case and giving them 14 days to respond or I'd file a claim in the County Court. Almost three weeks on, Abbey haven't even replied, but have applied further charges to my account- so on 28 Dec I completed the online forms and submitted my claim for £1550 plus 8% interest over the year plus court costs of £120.

 

According to the Money Claim Online site, the claim has been accepted on 29 Dec, and the respondent has 14 days to either pay up or submit their defence. Does this mean 14 days from the date of the claim acceptance, or 14 days from when Abbey receive the claim notification (and how are they notified?)

 

Fingers crossed now... anyone know how Abbey tend to respond, or how long til they know I have filed the case? Is it worth a 'courtesy' call to tell them I've done so and giving them the case number? Does anyone think I've rushed this... bearing in mind that I just want to teach them a lesson but appear reasonable in going for 1 years' charges rather than claim back 6 years' worth and go into all the hassle that entails?

 

Cheers for any thoughts on this... I am hopeful but scared of taking on the big boys!

Edited October 20, 2008 by ladyloki

[cross1217]

Hello, Abbey have 14 days from the date it was deemed to be served on them to acknowledge the claim. If they do this , that buys them another 14 days to submit a defence. So, 28 days from the service.

 

You can always amend your claim but there is a small cost - £35 I think but it may well be worth it for your previous 5 years. Only you know that!.

 

You are at the same stage as myself. Abbey have until 15th Jan to acknowledge my claim. Have a look on my thread and others to gain confidence to conttinue your claim. Good luck!.

[ladyloki]

And to you! I hope we both have cause to celebrate soon...

[Rooster-UK]

Ladyloki.

 

I've just answered these questions for you in the welcome forum. Now that you have started your own thread in the Abbey Forum, please post anything connected with this claim in this thread.

 

Please edit both threads, this one and the one in the newbies forum.

to read

£1300 of my money TAKEN by way of charges

Your choice of word is potentially libellous.

Thank you.

 

Rooster.

[Glenn UK]

.......bearing in mind that I just want to teach them a lesson but appear reasonable in going for 1 years' charges rather than claim back 6 years' worth and go into all the hassle that entails?

 

 

Something i realised early on, is that the bank dont give a stuff about us or our claims. unless the amounts become large by this i mean tens of millions upwards per bank, they wont worry.

 

So be 'reasonable' to yourself, claim what you are entitled to and forget any notion of the banks giving a damn.

 

The hassle you will encouter is more or less the same whether you claim for £50 or £5000.

 

JMHO

 

GLenn

[ladyloki]

Ladyloki.

 

I've just answered these questions for you in the welcome forum. Now that you have started your own thread in the Abbey Forum, please post anything connected with this claim in this thread.

 

Please edit both threads, this one and the one in the newbies forum.

to read

Your choice of word is potentially libellous.

Thank you.

 

Rooster.

 

Will keep to this thread now then, and have changed the word. Mind you, I'd like to see Abbey try and sue for libel, especially if they are forced to pay back what they've *ahem* "taken" from my account this year!

[Rooster-UK]

I appreciate the sentiment but we know that the banks DO read these forums and to ensure that they don't try to discredit us we have to be "Squeaky-clean".

Thank you for editing it. I will get the newbie thread removed, now that you are established.

 

Good luck with your claim.

Regards, Rooster.

[ladyloki]

So this morning I get a letter from the Court advising that the claim was posted to Abbey on 29 Dec, and will be deemed to have been served on 3 Jan. This means Abbey have until 17 Jan to respond.

 

I am really starting to fret now- I have an overdraft with them (admittedly some is down to me but considering that what I have run up pales in comparison to the amount they've charged me this year) and am worried that they'll demand repayment of the amount pronto. I think I know how they'll work this- they'll possibly close the account and pass it to their debt collectors, and I'll take a year to pay off a few hundred quid, all the while using my RBS account very happily (can't imagine why I haven't swapped accounts before now as RBS seem a little more ethical!) But what does this sort of thing do to your credit rating? Can I write a statement of what's gone on and have it attached to my credit file so companies can see WHY Abbey demanded their money back so suddenly?

 

I know I am a few steps ahead of myself but I am not the luckiest person and I am expecting to be the one Abbey decide to make an example of. Really starting to feel anxious- but know I am right and will see it through, whatever happens. So there, Abbey!

[Glenn UK]

Ladyloki

 

FWIW sec 13.6 of the banking codes prevents them from carrying out enforcement action whilst the account balance is in dispute.

 

So it might be worth a preemptive letter reminding of this and that if they take enforcement action prior to resolution of the dispute you will take them to court for the removal of any defaults.

 

Whether you wait until they threaten you or send it prior is up to you.

 

HTH

 

Glenn

[ladyloki]

Thanks Glenn, that's a very useful piece of info re enforcement action. I may well write to them and drop that in, see what happens then. Meanwhile I have to sit back and kick my heels for a while til Abbey decide what they're doing. Waiting.... Gaaah.

[ladyloki]

This morning I get a letter from Abbey- the standard 'supply us with a breakdown of the claim, you should have done this, we are preparing our defence' etc etc. I have typed it all up, having gone through my statements and discovered that there are MORE charges I should claim back, to the tune of almost £400! I have advised Abbey of this and thanked them for making me aware that I needed to review the sums... they've done me a favour there!

 

I note from the MCOL site that they've acknowledged the claim, giving them til 31 January to submit their defence. Heck, I've waited this long, I'll give 'em another 14 days.

 

The letter is quite terse in tone, and patronising. I've adopted the same approach, and have drawn their attention to the fact that as I can obviously prove my case, could they therefore kindly supply me with a true and accurate breakdown of THEIR costs in these matters just as promptly, as I am aware that the Court will need this in order to accept any form of defence.

 

I am laughing at their sheer bloody cheek... go do some work and calculate what you've taken from my account yourselves, you muppets!

[nevos]

Ladiloki: In my opinion you have brought yourself down to their level with attitude and why didnt you go back 6 years it makes no sense to go through all this for 1 year does it?

 

Anyways, good luck!

[ladyloki]

'Down to their level'? How so? I've merely supplied what they ask for and requested that they offer me the same courtesy. I've just answered their patronising letter (full of phrases designed to scare me off) with a similar one... it's very polite and proper, but they won't bully me.

 

As for not going back 6 years- I've only been with them for 4, and only started incurring charges about 18 months ago. Since then it's been a spiral. I've merely asked that they compare how my account ran BEFORE they applied charges, and what's happened since. They can't fail to see that they hold some responsibility in the matter. I've not claimed anything older than about a year- 15 months, because I am not in it for the money, and if you ask for what's fair, and only what you can reasonably prove you are entitled to, courts tend to go with it. I just want what's fair, Abbey can have the couple of hundred quid I'm not claiming and choke on the £1900 I am asking for.

[cross1217]

Well said and Good Luck!!