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206Eddy Vs Abbey


206eddy
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Firstly what a brilliant community this is here. I've only been a member for a few days but already have learnt a fair ammount by reading many of the threads here.

 

Anyways about me and my case/claim.

 

I'm just about to start the process of trying to get my money back. I have just recently got copies of all my bank statements for the past few years and have done a rough estimate of how much Im going to try and claim. It really is quite a small ammount, not much more than £500, compared to some on here.

 

I didnt use Step 1 as per this site (pay £10 etc etc), didnt know about you untill recently, I just asked for my statements and they sent me them, for free. Would I be correct in thinking that my first step now would be to use this template letter: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

 

I dont know how/if this affects my claim, but I curretly have a £1100 overdraft with Abbey, can I still go ahead with trying to get my money back.

 

Thanks in advance for any help that you will give me.

 

:D

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Yes, carry on with your claim.

The bank will probably expect you to use the money to offset your overdraft.

 

Regards, Rooster.

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  • 4 weeks later...

Just a little update....

 

.... Sent off the Prelim Letter today. They should have it tomorrow.

 

I guess I just sit back now and wait for them to either ignore it, or send me a standard reply.

 

Is it worth me telephoning them just to make sure that they haven't 'lost' the letter or anything in a few days time?

 

Cheers

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  • 2 weeks later...

Hi folks.

 

Got a letter back from them today. Guess its a pretty standard one:

 

img004ioo8.th.jpg

 

Do I just sit back now and wait for them to get back to me, or do I wait 14 days then hit them with the LBA.

 

Cheers for all your help so far!!

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Cheers Nick!

 

Me thinks though, that I may have buggered up my Prelim Letter. Reading other posts on these pages I see you shouldn't add interest at this stage, even tough on the template letter there seemed to be a space for it.

 

On my Prelim Letter, I put the following as per the template:

 

What I require

I calculate that you have taken £470.00 plus £30.46 that you have charged me in overdraft interest for the sum that you have taken. Total £500.46

I enclose a schedule of the charges which I am claiming with this letter

 

 

 

Should I amend this and take out the £30.46 and send them a new letter (but not the full thing) stating my mistake but enclosing a new Statement of charges?

 

 

 

Sorry for the long post and I hope it makes sense. :o

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Edit:

 

Just looked and god knows how I missed the spreadsheets that are there.

 

Also I see that you can add interest in your Prelim Letter, tad confused now.

 

Ive now used the simple spreadsheet and calculated that the interest (8% APR) on my claim would be £39.91 which is only just greater than what I originally put in my letter. Shall I just leave it and continue with sending them the LBA after 14 days from my letter date.

 

Sorry again if I have confused anyone :oops:

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Eddy, it's not clear to me which type of interest you're claiming - overdraft interest, Statutory 8% or both. But with the value of your claim and the charges being quite recent (

 

Going for overdraft interest is OK (I am !!), but 8% is a doddle. So if it was me, I'd either not put any interest figure in the LBA or (to provide continuity from your Prelim) include an interest figure and call it overdraft interest, and then switch in the N1 to just claiming the charges plus 8% Statutory.

 

Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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What I did originally was add up the "interest charged when account overdrawn" from my statement, and put that on my statement of charges which I sent with my Prelim Letter

 

I now realise that I've buggered this up and I think should have left it with just my charges (£470).

 

Is it worth me writing back to them with something like this which I have just typed up:

 

Amendment to my statement of charges

 

YOUR REF: XXXXXX

 

Dear Sir/Madam,

 

Thank you for replying to my letter dated XX/XX/XX.

 

I have however made a slight mistake with regards to my Statement of Charges. Please find enclosed a new and corrected Statement.

 

I will give you a further 14 days from the date of this letter with which to repay, in full, the charges administered to myself.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

Thanks again guys!

 

 

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  • 3 weeks later...

Surprise surprise I've heard nothing back from Abbey.

 

LBA is now produced and in the envelope ready to go out on the 29th.

 

Ive only slightly altered the last (ish) paragraph to remind them of my adjustment to my statement of charges from the original letter.

 

Hope everyone is hitting them hard and reclaiming their wrongly taken monies.

 

Ill keep this thread informed of how it goes.

 

Btw, Does anyone know what a person can claim with regards to expenses if (when) it goes to court for time spent on the case. For example writing Prelim letter, LBA letter etc etc? Would £8-£10 per hour sound about right? :wink:

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I wouldnt worry about the mistakes as they probably dont care bout it at the moment. Once you do your court actions is when you have to get it right. Costs you then:) . Good luck with your claim. Mines running as expected. http://www.consumeractiongroup.co.uk/forum/abbey-bank/42608-sparkys-lass-abbey.html

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Well just as I was about to post my LBA I checked my bank accout online and noticed £160 paid into it for "Misc Charges".

 

Today I received a letter from Abbey telling me they have finished their 'investigation' concluding that they think their charges are correct but they will be giving me a refund of £150 as a "gesture of Goodwill"

 

Where do I go now?

 

Do I still send them the LBA telling them that I want the rest of my money back and just add an extra bit to my schedule of charges showing a deduction of the £160 they have paid me.

 

They say at the bottom of the letter that they will keep my 'file' open for 8 weeks and if they don't hear from me they will assume that everything is resolved and close it.

 

Thanks folks!

 

Now I'm thinking that there is a topic somewhere saying what I have to do with regards to the GoGW but Im stuffed if I ca find it!

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Tell them thanks for the cash. I am prepared accept it as part payment only, and by making this deposit you agree to that, otherwise please withdraw it. Pay the rest of what you owe me within 7 days or shall begin legal action to force you to do so.

 

If their charges were correct & they really did believe that they were within the law to levy them, do you think they would offer you anything at all? Why only now that you are asserting that you know your rights are they trying to reach a settlement(albeit a pathetic one at this stage)? If it really was out of goodwill, why didn't they give you a break when you first got into difficulty?

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Thanks Gez, Is there a template letter or anything anywhere, or shall I just add a paragraph to the top of my LBA letter saying thanks for the part payment, but I still want the rest within the timescale.

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