Dustym v Abbey

[dustym]

Hi Everyone

I hope I'm posting this query in the correct place - apologies if not... :idea:

 

I'm just about to submit a court claim for £1,930 + interest against Abbey. I'm doing this on-line via the http://www.moneyclaim.gov.uk website and I don't know how to attach the schedule of charges (Excel format) to the form. Can anyone advise me ?

 

Thanks very much

 

Happy New Year to You all !

 

Paul.

[MARTIN3030]

Hi Paul.

There is no provision to do this.

You need to send by post to both bank and Court.

The address will be on the claim form.

You could add a line in the partics of claim "schedule sent to defendants "

Make sure that you read up !!

[dustym]

Hi Martin

Thanks for your prompt response.

Just to expand a little, I have already sent a prelim leter and a LBA (with schedule of charges excl. interest as advised) to Abbey and I have received a couple of stalling letters in response. I have taken the advice from reading posts here to carry on with my action by submitting a claim to the court, following the correct timeframes . Following the "step-by-step" instructions in the FAQ Point (6) advises that you can submit this claim either by the on-line method (at www.moneyclaim.gov.uk) or "manually" by completing a N1 claim form and attaching schedule of my claim with the form which now includes the 8% interest.

Now, as it seems I can't attach my schedule to the online form, should I abandon this and do it manually by the N1 claim form? or do I send the schedule separately ? Also, even though I have included a schedule (ex interest) in my LBA letter to Abbey, do I have to send the new schedule (with interest) to them now ?

Sorry if I'm being a bit thick about this but I am a bit confussed and don't want to make the wrong move and jeopardise the claim.

Thanks for your help

Paul.

[dustym]

Ok, I've read through loads of posts and am still non the wiser.... can anyone point me in the right direction

Cheers

Paul

[ukaviator]

Hi Paul

 

There are no provisions for attatching anything to the online form. You can post the schedule if you wish to the court and to the defendant. Don't forget to put the claim number down. They will see the 8% interest added to your claim when they receive their served court papers. Just make sure you get the Particulars wording right and it will be ok.

 

Good luck

 

Uk

[MARTIN3030]

Paul have moved your thread to Abbey group.

I hope things are clearer now.

 

1.Send a further copy of your schedule to the bank.

 

2.Send a copy of the schedule to the court at Northampton

 

No need to add interest ...its on the claim form.

send the bank copy recorded and make sure claim and account details are visible on both sets.

 

The acknowledgement of service will give the names of Abbeys legal team.This is the point at which further communications/action will effectively switch from bank to Solicitors.

[dustym]

Ok, Thanks very much - I'll send the schedules by registered post and keep copies of everything.

I'll keep this thread updated as to how it all unfolds.....

 

Thanks again

 

Paul.

[dustym]

Hi All

Update as promised ......

Recieved a letter today from Abbey offering a "goodwill" payment of £958 following their "full investigation" of my complaint.

 

I've just drafted my letter accepting this amount as a part payment of the full amount claimed and advising them that I am continuing my action to reclaim ALL my charges

 

Watch this space...........

 

Dusty

[dustym]

Well.... following Abbeys "full investigation" and goodwill offer, I've now received a letter saying that I haven't supplied a breakdown of charges relating to my claim ! So, just how thorough was this "full investigation" ?? Hmmmmm....... !

I have sent the schedule 3 times, with my previous letters, all sent by recorded delivery and now I'm sending them a further copy.

 

The phrase about left hand, right hand springs to mind........

[dustym]

Afternoon All

Have received a copy of Abbeys defence from their London office, so now I guess I await the allocation questionaire. However in the defence letter they made a "without prejudice" offer of 50% + court fees for full and final settlement. QUESTION: Should I respond to this offer ? I have already rejected a previous offer (see above) and intend to hold out for the full amount.

 

On the same day I received a letter from Abbey compaints Dept in Milton Keynes saying that they were sorry that they hadn't been able to settle my complaint but will look into it further and get back to me within four weeks.

So, one Abbey Dept offer me a "WP" payment whilst the other is still investigating..... ??

 

I'd be interested in your comments ..... has anyone else had this scenario ?

 

Thanks

Dusty

[dustym]

Been reading through the "ShAbbey" thread and delighted to see people sticking to their guns and winning their cases - Fantastic stuff !!

 

Have now received an allocation questionnaire from the court and have had the venue changed to the local courts in Ipswich, so will be filling in the form and sending it off soon.....

 

As per my previous email, should I respond to the "WP" offer from the Abbey solicitors ? Just seems odd that I'm getting correspondence from two separate offices Anyone else had this ? is it normal ?

 

Cheers

 

Dusty

[dustym]

Hi Everyone

 

Please can someone help me please.......I've just received the following "General Form of Judgement or Order" from the Court (which is different from the one(s) already posted here and I'm not sure what I should do next.

 

This is what is says.....

 

Before DISTRICT JUDGE EVANS sitting at Ipswich County Court, 8 Arcade Street, Ipswich, IPI IEJ.

Upon review of the Court file

 

IT IS ORDERED THAT:

 

1 The claim he listed for an allocation hearing on 3rd April 2007 at 10:00

to be held at Ipswich County Court, 8 Arcade Street, Ipswich, Suffolk, IPl IEJ (time estimate 15 minutes)

 

2 At this hearing the Court will consider either:

 

a. staying the claim pending the decision in a test case involving the Defendant or

b. giving directions for this claim to be heard as a test case and if necessary allocating the claim to the multi track for that purpose

 

3 Not less than 14 days before the allocation hearing, the Defendant shall file with the Court and serve upon the Claimant details of any cases proceeding as a test case, the decision in which will determine the issues in this claim. Alternatively, the Defendant shall file with the Court and serve upon the Claimant draft directions for this case to proceed as a test case

 

4 The Claimant may make any representations to the Court in writing provided these are received by the Court and served on the Defendant not less than 5 days before the allocation hearing. If either party is prepared to abide by the decision of the Judge as to the directions to be given, that party is excused from attending the preliminary hearing

 

Dated 23 February 2007

It seems that the Court is waiting for a test case to establish a precedent ? ..... what should I do now ?

 

Anyone else received a letter like this ? Any advice gratefully received !

 

Many Thanks

Paul.

[Debaz]

Hi Paul I have sent my AQ back it was due in by the 6th March not heard anything yet, When was your AQ due in ? What does this mean test case?

Debbie

[Mad Nick]

Dustym, I think you need to wait and see what Abbey does. Abbey's options :

• they do nothing - in which case, you're back on track
  
• they do as the Judge directed - in which case you should respond by writing to the Court with the list of claims which Abbey have settled out of Court. There's a list at the end of this thread : http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html

Either way, I think you need to attend. Regards, Mad Nick

[dustym]

Hi Debbie

I seem to remember my AQ was due in around Feb 26th, so I've not had to wait long.... however its all kicked off abit now as today I received a letter from Abbey saying that they have cancelled the account ! They have demanded that I return all cards / cheques within 7 days and if I don't pay off the overdraft they will pass it all over to a collection agency.... nice people at Abbey, eh ?

[dustym]

Thanks for your advice Nick, I'll wait and see what happens......

 

Anyone had similar problems regarding the account being passed to a collection agency ? All part of their scare tactics I guess but worrying all the same..... I'll check the Forum for similar stories but if anyone wants to help with some advice please feel free !

 

Paul

[Debaz]

Hi Paul thats terrible my new halifax account is up and running but i have not done the switch yet, i am justfilling out the bank transfer forms now , but i am into my 1000 quid overdraft there is no way i can pay it off. most people cant.

Debbie

[bp]

hi dustman, have you got a parachute acc? i've had to return my card as well, i've agreed to repay my overdraft at £55 per month. Is there any chance you can come to an agreement about paying it back? Also as a long shot you can complain to the ombudsman They CAN'T force Abbey to reopen your acc but if its found that they closed your acc due to your complaint about the charges then you may get some compensation.

 

Also, the banking code which Abbey is part of states that they have to give you 30days notice and will then close your acc anytime between 30/60 after notice. Have a good read of that letter, does it say when they will close it?

[dustym]

Hi bp

Thanks for your reply. Well, having re read the letter there is no 30 day notice (see full text below). It doesn't use the word "closed" just says all banking services are cancelled, but I guess its the same thing ?

 

I have opened another account so am safe there......

 

This is the letter I received in full....

 

As it's not been possible to reach a suitable payment arrangement, all direct debits and other banking services linked to this account have been cancelled. Until you pay his money back, you'll be charged interest at the unauthorised overdraft rate. To make things easier for you, you can tell us to make a payment by credit or debit card.

You must return your Cheque Guarantee/Visa Debit Card(s) and any cheques that you still have, as these belong to Abbey. If you don't return these items within 7 days, further action will be taken which may involve sending a field agent to recover them. If this happens a fee of £45 + VAT will be debited to your account. You can prevent this and the charge by dropping the card(s) and cheque book(s) off at your local Abbey branch or cutting the cards(s) in half and sending them back in the prepaid envelope provided. If you no longer have them please fill out and send back the form I've sent you.

 

It's important that you call us today to discuss payment of the outstanding amount. If you do not respond, your account will be passed to a collection agency for full recovery of the debt and default information will be registered with a credit reference agency if you are unable to clear within 28 days.

Yours sincerely

 

Allen Betts

Head of Unsecured Debt Management

 

I am completing and sending the "Statement of Destruction Form" back to Abbey.... should I respond to the points made in this letter. I do feel that this is quite an aggressive move by Abbey, simply because the account is in dispute. I read on the Forum somewhere that they shouldn't pass an account on to a collection agency that is still in dispute... is that correct ?

 

Look forward to anyones comments

 

Cheers

 

Paul.

[bp]

Hi dustym

 

Hi bp

Thanks for your reply. Well, having re read the letter there is no 30 day notice (see full text below). It doesn't use the word "closed" just says all banking services are cancelled, but I guess its the same thing ?

No its not quite the same thing, it just meas that you really wont be able to do normal things such as pay for dd's and so on. If you still pay money into this acc, you'll have to go into a branch to take it out.

They will have to actually say that your acc is "closed"

I have opened another account so am safe there......

Good its always best to be on the safe side.

This is the letter I received in full....

 

As it's not been possible to reach a suitable payment arrangement, all direct debits and other banking services linked to this account have been cancelled. Until you pay his money back, you'll be charged interest at the unauthorised overdraft rate. To make things easier for you, you can tell us to make a payment by credit or debit card.

You must return your Cheque Guarantee/Visa Debit Card(s) and any cheques that you still have, as these belong to Abbey. If you don't return these items within 7 days, further action will be taken which may involve sending a field agent to recover them. If this happens a fee of £45 + VAT will be debited to your account. You can prevent this and the charge by dropping the card(s) and cheque book(s) off at your local Abbey branch or cutting the cards(s) in half and sending them back in the prepaid envelope provided. If you no longer have them please fill out and send back the form I've sent you.

 

It's important that you call us today to discuss payment of the outstanding amount. If you do not respond, your account will be passed to a collection agency for full recovery of the debt and default information will be registered with a credit reference agency if you are unable to clear within 28 days.

Yours sincerely

 

Allen Betts

Head of Unsecured Debt Management

I've had the same letter so i just handed in my chequebook and card into the branch.

I am completing and sending the "Statement of Destruction Form" back to Abbey.... should I respond to the points made in this letter. I do feel that this is quite an aggressive move by Abbey, simply because the account is in dispute. I read on the Forum somewhere that they shouldn't pass an account on to a collection agency that is still in dispute... is that correct ?

you can respond if you want and as to not passing a debt over to a collection agency i just need to find the legislation behind it so will post again later

Look forward to anyones comments

 

Cheers

 

Paul.

[Guest louis wu]

I have recieved the same letter. Next step is the 28 days notice of referal to DCA and registration of default.

 

You could try requesting a copy of your signed cca agreement. Abbey aren't too quick getting those out, and if it goes over the 12 working day limit the debt becomes unenforceable (until said agreement is produced). Its just a stalling tactic, but it makes them work harder, and should put a stop, albeit temporary, to the threatened default.

 

 

Debt Management

Abbey House

PO Box 534

201 Grafton Gate East

Central Milton Keynes

MK9 1AN

 

Account No. 090126 xxxxxxxx

Your ref. xxxxxxxxxxxxxxxxxx

 

Date 19/02/2007

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

 

 

 

 

You could also try reminding them of section 13.6 of the banking code

 

 

QUOTE

 

13.6 We may give information to credit reference agencies about the personal debts you owe us if:

 

• you have fallen behind with your payments;

• the amount owed is not in dispute; and

• you have not made proposals we are satisfied with for repaying your debt,

following our formal demand.

 

 

the important note is point 2, amount owed is not in dispute.

 

Might not stop them , but if they do register a default, having all this evedence to get it removed could/should be useful.

 

Hope this helps

 

Louis

[dustym]

Thanks Louis / BP your help is much appreciated I shall update regularly and let you know how I get on.

 

Paul.

[dustym]

Hey All

 

guess what arrived out of the blue today..... a letter from Abbey agreeing to SETTLE MY CLAIM IN FULL !! All £2,286.40 of it ! I was shocked as I was convinced they would hang on until the very last minute......

 

So, there is the proof for anyone claiming or thinking of claiming, You will win and you will get your money back !

 

A big "Thanks" to all on here that helped me along the right track and gave their support.

 

Cheers

Paul.

[mariejader]

fantastic news well done

[Debaz]

Wow thats brilliant news Paul well done

Debbie