charleyfarley v abbey ***WON***

[charleyfarley]

New Year's resolution........get my backside into gear and claim the £7K that the abbey have taken from my account in less than 3 years. And I stood by and let them do it!! :? :?

 

I've got the statements,done the calculations, written the Prelim.......now the question

 

Do I send the letter to the local branch/Head Office/Complaints dept??

 

Many thanks

[charleyfarley]

Prelim letter sent registered post today for £7630.

 

Let battle commence!!

 

:-x

[charleyfarley]

Hi Deb,

Good luck with your claim. After reading lots of the threads on this site

I get the impression that everyone is very supportive with lots of sound advice, so go for it!!

[charleyfarley]

Reply from Abbey today..........usual standard letter stuff......"take the complaint seriously, take four weeks to investigate"

 

Thank you but no thank you.........LBA on 24th

[charleyfarley]

LBA sent..........including interest it's up to £9k, and I've got a spreadsheet running for costs at £9.25 an hour, which is up to 6 hours so far and I've barely started.

[charleyfarley]

Told them in the LBA I would claim for a refund plus costs and interest. Because the claim is over the £5K standard threshold for the small claims track,then you can claim £9.25 an hour in the Fast Track. I read of another poster has just won 49 hours prep time at £9.25, so it's better than a poke in the eye.

 

Don't know if the same applies to the SC

[charleyfarley]

Hi James,

 

This is the gospel according to the Vampiress with all the relevant spreadsheets

 

http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=56&Itemid=36

 

I wasn't charged much interest with my charges despite the actual value of the charges, so that's why I've chosen to go down the 8% route, but the contractual route is more lucrative.

[charleyfarley]

Hi everyone,

 

Abbey are in a good mood...........GOGW payment of £1300 + £200 I've not even been charged yet!!

 

Thank you very much, but I'll still see you in court

 

Onwards and upwards!!

[charleyfarley]

Letter from the "Head of Complaints" with the usual.........one of my team, investigate, relevant paperwork,review the facts etc etc.

 

I bet he's a busy man at the moment if this site is anything to go by!

[charleyfarley]

Quick update,

 

Senior Customer Resolution Manager says he's carried out a full investigation into my claim and he can assure me that those charges do not contravene Unfair terms in Consumer Contracts Regulations,1999.

 

you obviously take my claim so seriously that you send me a copy of the letter you send to everyone else, with the same reply.

 

Well my answer to you is.................. "N1 tomorrow"

 

:lol:

[charleyfarley]

Just spent my entire evening completing my N1, and after two mistakes on all three copies, I do believe I've cracked it! So a trip to Court tomorrow with a cheque for 250 big ones(refundable of course) and we're in business.

 

[charleyfarley]

N1 submitted,claim number issued, 250 quid paid, expect to receive confirmation of being served by Wednesday next week.

 

This is where things get serious

[charleyfarley]

Notice of Issue received today and Abbey are deemed to have received today as well. Reply by 14th March or pay up please:)

[charleyfarley]

Hi marie,

 

Knowing the way Abbey operate then they'll wait until the last minute before acknowledging the claim to give them a few more days delay, so I don't really expect anythng on the 14th, but wouldn't be great if they did!!

[charleyfarley]

As you said marie....acknowledgement of service dated 2nd March, letter waiting for me when I got home tonight. They seem to be doing this quicker than in the past, which seems to me to be a good thing rather than waiting until the very last minute for everything. Or am I just wishing?

[charleyfarley]

Hi wotnext and marie,

 

My impression of Abbey's tactics is that they stall as long as possible with everything they can think of, which is why I was surprised how quickly they acknowledged my claim and others on here. I don't expect a defence from them until the 27th day out of the 28 they're allowed, but at least on here you can see a pattern emerging and you're not isolated which is what would happen if this great site didn't exist.

 

My next claim is against Capital One so I've been reading up on there and even with the OFT report, they are paying back the £12 maximum recommended charges to avoid declaring their true costs..

[charleyfarley]

Hi marie,

 

It wasn't really a letter, just an N10 form from the courts saying Abbey had acknowledged. 28 days from date of service to file a defence takes me to 28th March, and you to 23rd I think. So more waiting and reading on this site........

[charleyfarley]

any news Charley?

 

 

Hi marie,

 

No, nothing at all. I had fully expected the 50% offer and defence letter by yesterday so I'm quite surprised.

 

 

How about you?

[charleyfarley]

Well, Abbey haven't forgotten about me after all...........defence received today. Usual stuff about "fees reflect and are proportionate to administrative expenses, Claimant remains liable to pay such fees as may be found to be proportionate"

 

I don't think so, so stand up in Court and prove it:)

 

 

PS No GOGW of 50% . Maybe I've been bad and don't deserve it.

[charleyfarley]

AQ received today.has to back at court 10th April.

 

Mariejader, have you done yours yet because I want to be able to copy what you've written!!

[charleyfarley]

Have they not made you any offers since you started?

 

The 50% offer was the first time I had been made an offer which compared with everyone else I thought that was odd

 

 

I received a GOGW after my LBA. It was about 15-16% and in addition they refunded my next months charges and they weren't even on my claim, so I can't really complain too much ( I would have rejected it anyway, but it would have been nice to have been offered 50% the same as eveyone else)

[charleyfarley]

Question about my AQ for those who understand these things.

 

I have an N150 for Fast Track allocation and section G refers to costs, saying I can only enter a figure in here if I am solicitor. What about a Litigant in Person?

I have been working on the understanding that in the Fast Track then costs are applicable to both sides, so how do I claim them?

[charleyfarley]

Charletfarley

I left section G blank, I read it that you only fill this in if you have a solicitor working for you. I presume that mentioning that i will be claiming costs in the POC is enough.

The following was in the banks template library about how to fill in an AQ form N150

 

Quote:

Section G - Costs

Quote:

Do not complete this section if you have suggested your case is suitable for the small claims track or you have suggested one of the other tracks and you do not have a solicitor acting for you.

This speaks for itself - leave all fields BLANK unless you know differently

 

 

 

regards

pmahonc

 

Thanks pm,

 

I've read that too which is what confused me because I understand you can claim costs in the FT, so you would expect to include them in the AQ even if you are LiP.

[charleyfarley]

AQ received from Abbey as an early Easter present. It all seems fairly standard, and I'm not planning to file until Tueday so it allows me to have a reassuring look at their intentions first.

 

In their draft directions they've asked for Claimant and Defendant to file and serve, 14 days prior to the hearing " copies of all documents on which they intend to rely on at the hearing".

 

Well make sure you let me have an accurate breakdown of your costs please Mr Abbey!

 

Well what shall I do this sunny Easter morning..........eat Easter eggs or complete an AQ? (actually I should include go to church as an option as well)

 

 

On we go........................

[charleyfarley]

AQ completed with excellent guidance from jonni2bad's guidance notes. I think I'll be raiding the kid's money box for the £100, but it's better spent on an AQ than on sweets.