my story so far Eyespy v Abbey

[eyespy]

This is my story so far

 

at every stage I have thought about giving up,

just to let you all know that I will see this through to the end.

 

you must keep a sense of humour with the Abbey because they really will give you the 'run around'.

 

04/01/07 Overdraft paid off in full. £1600 which includes 2 monthly interest charges of £40.00 (NOV & DEC) 2 charges and 1 unauthorised OD fee. Charges still being applied even though I advised them that my account was in dispute.

 

01/12/06 Debt collection agency letter received. requested that my overdraft was cleared ASAP and that my account will be closed as soon as this was cleared.

 

30/11/06 Default notice received from Abbey, requested that my overdraft was cleared within 30 days.

 

23/11/06 Defence recieved from Abbey, this was not very professional they even got my claim number incorrect! Also they are disputing whether or not my account exists!!

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex306_0405.pdf

 

16/11/06 AQ completed & submitted

DRAFT ORDER FOR AQ

 

30/11/06 Claim number 6SQ06250 recieved from courts

 

24/10/06 N1 Claim submitted to courts x3 copies, used the N1 due to the fact that I did not have all my statements and my claim was an estimated one.

 

N1 particulars of Claim

N1 form to download

Court Bundle - Basic

http://www.hmcourts-service.gov.uk/docs/ex302.pdf?court_forms_id=183

 

21/08/06 LBA letter sent.

LBA Letter

 

21/08/06 Prelim letter sent asking for it back.

Letter - Preliminary approach for repayment.

 

21/08/06 Non compliance letter sent.

Data Protection Act - Non-Compliance - Template Letters

 

11/07/06 Reply to Pam Speed Data Protection Act fob off letter

Abbey - the microfiche argument

 

10/07/06 Data Protection Act fob off letter received. dated 06/07/06 from Pam Speed.

 

29/06/06 Data Protection Act statement request sent

09/08/06 40 days up

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/516-data-protection-act-subject.html

 

22/06/06 Statements rcd within 10 days.

15/06/06 Requested 12 mths statements, they say 7-10 day del, and FOC. Using spreadsheet from Vampiress calculated my charges plus 8% interest. The interest does not go on until you make a claim.

Spreadsheet with interest

Spreadsheets & Schedule of charges

[eyespy]

PLEASE SEE MY OTHER THREAD

 

Eyespy Vs Abbey

 

THANKS TO LULA BUT I MADE A MISTAKE IN POSTING IN 2 THREADS,

 

EILEEN

[Lula]

ooooo it look like they are have a change of tactic

[Lula]

My court date still not recieved, I have rang the court and my file had been mislaid!! They are sorting that now. I was told it would go to the judge today. Please help me with the questions below.

 

1.The Abbey sent me a cheque for £40.00 as a full and final offer of settlement. I wrote back to say I was unable to accept their offer and have not cashed the cheque. Can I cash it now?

 

I wouldn't if I were you

 

2. Next the Defence letter came from the Abbey it is very confusing I would appreciate some help on replying to these paragraphs listed below in blue.

 

3. The claim is for £1307.11 which was in some part estimated. I have now had all my statements and the new actual figure is £1901.65.

Do I write and tell them this and inform them that I shall be making a further claim for the difference of £594.54?

 

You can amend your claim for £35 and form N244 or you can persue them further at a later date

 

4. Also they have defaulted my account, can I now at this point ask for this to be completely removed if we can agree to settle this out of court?

I have since paid off my overdraft of £1600.00 in full.

 

Was this in your original Particulars of Claim? if not it might be very difficult to get them to remove it, you can try negotiating with them should they ask to settle out of court - or again persue them at a later date

 

I am intending to write a reply to the defence letter which was sent by Christine Cody - Legal Officer?

 

See extracts from the Abbey defence below

 

Paragraph 2. It is not admitted that the Claimant has a current bank account numbered ******** with the defendant. In the event that the Claimant does have a bank account in relation to which bank charges were applied, the defendant says as follows in relation to such an account ("Account") Very strange!

 

Not admitted - how can they deny it? you have statements, correspondence and even a cheque from them - they will make themselves look very silly as it is incredibly easy to prove

Paragraph 6. Basically they say I am in breach of contract with them.

 

Paragraph 8. The Claimants contention that the said fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportionate to the Defendants administration expenses incurred due to the claimants breach of contract and are a genuine pre-estimate of the damage sufferd by the Defendant. The Defendant denies that the Claimant is entitled to claim interest in the sum claimed or at all. Damage suffered by the Defendant??? What rubbish.

 

Normal crap, there is a paragraph on here somewhere that you would be only to willing to pay their genuine damages but they need to disclose their costs

Paragraph 9. Further or in the alternative, evven if the said fees are not proportionate to the Defendants administrative expenses incurred (which is denied) the Claimant remains liable to pay such fees as may be found to be proportionate and the Claimant is not entitled to claim repayment of the full amount of each charge amde to the Account.

 

ROFLMAO ok then, show us what your genuine costs are per breach and we would be happy to pay them

Paragraph 10. The Defendant denies that the Claimant is entitled to claim costs. I asked for my court fee £120.00 only.

 

We can negotiate them as part of the settlement - everyone has got their costs

Paragraph 11. No admissions are made as to any amounts claimed by the Claimant and the Claimant is to put strict proof of the same, similarly in relation to the existence of an account. What does this mean??

 

It means that they dont beleive that you have an account with them - easy enough to prove and even more evidence of the fact that the left hand doesn't know what the right hand is doing in Abbey Land

 

Any help greatly appreciated. Please tell me Im nearly coming to the end of this little episode. It seems to have gone on for a lifetime.

 

thanks in advance Eyespy xx:-)

 

 

Hope this helps a bit, the actual answers you need are somewhere on here, you will just need to tweek them a bit, but something tells me that this will be too juicy a one for glen to ignore

[eyespy]

Thanks Lula Xxxxxxxxxxxxxxxx

[Lula]

Its just so blooming silly LOL - chuck us over an oatcake will you duckie

[eyespy]

This is my story so far

 

at every stage I have thought about giving up,

just to let you all know that I will see this through to the end.

 

you must keep a sense of humour with the Abbey because they really will give you the 'run around'.

 

04/01/07 Overdraft paid off in full. £1600 which includes 2 monthly interest charges of £40.00 (NOV & DEC) 2 charges and 1 unauthorised OD fee. Charges still being applied even though I advised them that my account was in dispute.

 

01/12/06 Debt collection agency letter received. requested that my overdraft was cleared ASAP and that my account will be closed as soon as this was cleared.

 

30/11/06 Default notice received from Abbey, requested that my overdraft was cleared within 30 days.

 

23/11/06 Defence recieved from Abbey, this was not very professional they even got my claim number incorrect! Also they are disputing whether or not my account exists!!

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex306_0405.pdf

 

16/11/06 AQ completed & submitted

DRAFT ORDER FOR AQ

 

30/11/06 Claim number 6SQ06250 recieved from courts

 

24/10/06 N1 Claim submitted to courts x3 copies, used the N1 due to the fact that I did not have all my statements and my claim was an estimated one.

 

N1 particulars of Claim

N1 form to download

Court Bundle - Basic

http://www.hmcourts-service.gov.uk/docs/ex302.pdf?court_forms_id= 183

 

21/08/06 LBA letter sent.

LBA Letter

 

21/08/06 Prelim letter sent asking for it back.

Letter - Preliminary approach for repayment.

 

21/08/06 Non compliance letter sent.

Data Protection Act - Non-Compliance - Template Letters

 

11/07/06 Reply to Pam Speed Data Protection Act fob off letter

Abbey - the microfiche argument

 

10/07/06 Data Protection Act fob off letter received. dated 06/07/06 from Pam Speed.

 

29/06/06 Data Protection Act statement request sent

09/08/06 40 days up

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/516-data-protection-act-subject.html

 

22/06/06 Statements rcd within 10 days.

15/06/06 Requested 12 mths statements, they say 7-10 day del, and FOC. Using spreadsheet from Vampiress calculated my charges plus 8% interest. The interest does not go on until you make a claim.

Spreadsheet with interest

Spreadsheets & Schedule of charges

__________________

[eyespy]

PLEASE SEE MY OTHER THREAD

 

Eyespy Vs Abbey

 

THANKS TO LULA BUT I MADE A MISTAKE IN POSTING IN 2 THREADS,

 

EYESPY

 

hey Lula how u know about our oatcakes????

[Lula]

I was bought up in Hanley and went to school in Tunstall - yes Robbies school LOL and am now officially a turnover