James33 Taking On Abbey

[JAMES33]

Chloe it's fine to butt in!! The N1 form is the form you use to submit your claim to the Court. If you are at the defence stage, you must have submitted yours already either in person at the court or through moneyclaim online. Not sure about what happens after abbey have submitted their defence as you're a bit ahead of me, if you post on your own thread I'm sure someone with more experience than me will be able to help you! Good luck with your claim

[JAMES33]

Can anyone help me - I have got £185 charges due to come out of my account on 10th March, I want to try to get abbey to refund them or not take them at all. I have been looking for a template letter to put the account into dispute so that they cannot take any further charges until the claim is settled but can't find it. I was also wondering if I could do this my phone - PLEASE HELP!

[James31]

Hey 33 - glad to see you're progressing.

 

I'm getting charged for March too - £300 odd. Will be last charges though as all DD's are cancelled now, etc.

 

I included them on my claim even though they haven't been taken yet, which I submitted about a week ago.

 

James

[JAMES33]

Thanks for your post James31, I am subscribed to your thread as you are ahead of me, hopefully your thread will give me some idea of what to expect! Good luck with your claim:D

[JAMES33]

Well, I phoned abbey yesterday about the £185 charges they were due to take from my account tomorrow. I just called the telephone banking people and asked them to cancel the charges. They seemed a little taken aback by my just asking for the whole lot to be cancelled and asked me why I wanted them cancelled. I told them that it was alot to take from someone on one day and that if they did it would leave me in financial difficulties. I went on to tell them that I was in the process of claiming all my charges back and would be filing at court on 20th March and if they did not cancel them I would add them to my claim anyway, but that I would really appreciate a goodwill gesture from them to encourage good customer relations. They went and spoke to their supervisor and came back to tell me that as I had already made a complaint and it was being dealt with by the complaints department they could not cancel all charges but would cancel £50 as a goodwill gesture. I pointed out that I had not complained, I had merely requested a refund of my bank charges which I consider unlawful. I also pointed out that at the present time, these charges did not form part of my claim and would only become part if I file at court when I would add them on. He went away to speak to supervisor again and then said they would cancel a further £55 making a total of £105 but if I did not accept this, they would mark it as reaching stalemate and would not cancel any at this time but would pass matter on to complaints dept. I decided to cut my losses and accept this amount as i didn't expect them to cancel any at all to be quite honest. I just wanted to post this to encourage others to have the confidence to challenge them if they say they can't refund or cancel any charges which they had told me before and I just accepted! Thanks to the information I have got from this site I felt confident enough to spout the law to them and to back up my argument - I'm sure others could do the same THANKS!!!

[charleyfarley]

Hi J,

 

As they say "shy boys get nowt", so well done!! £105 is worth a phone call and nice one for sticking to your guns.

 

[JAMES33]

Been preparing my N1 Form tonight. Have managed to fill it in okay without too much trouble. Will be taking it to Worcester CC on Wednesday. Haven't heard a thing from Abbey and presume I won't before Wednesday. Will post again once claim is filed.

[Karish]

Great just keep on going. You will get what is rightfully yours. I am a little ahead of you. I will be filling in my allocation questoinnaire. I am feeling confident with the help of everyone from this site.

[KnellyK]

Good Luck James33.

 

I'm a bit behind you in the process so will be watching with interest! (excuse the pun!)

knellyK:)

[JAMES33]

Hi all - about to file my claim tomorrow, have been dithering a bit about the interest to claim. At the moment I have filled out my N1 claiming the 8% interest but am seriously thinking of claiming the higher rate that Abbey charge on unauthorised overdraft (28.7% I believe or thereabouts) I know I've read some threads in the past where some have claimed this higher rate but can't find them at the moment. Just wondered whether its worth re-doing N1 including the higher interest rate but adding the 8% as a back up amount (hope this all makes sense!) Also, what are people's thoughts on posting N1 to court rather than hand delivering - certain it is filled out correctly otherwise I cannot get into Court until end of week.

WOULD BE VERY GRATEFUL FOR ANY HELP ASAP!!!!

[Lula]

Hi James, yes that is a good idea, try for the contractual but have the s69 as a backup.

 

Are you sure that you are not James Arrandale?

[JAMES33]

Thanks for the help and messages of support! - it really helps so much to know that others are right behind you. I will carry on searching for the threads that mention contractual interest and try to fill out another N1 tonight and will post it in the morning.

[JAMES33]

Yes - I'm sure I'm not James Arrandale (I consider myself to have far better taste in employers and am also 100% female ;-) )!!!!

(James is my surname)

[Lula]

PMSL!!! dont go knocking JA until you have heard him speaking

[JAMES33]

Another quick question - sorry!! I have just completed my revised spreadsheet calculating compounded contractual interest and have noticed in the notes accompanying the spreadsheet that it says you cannot claim for both s.69 interest and contractual only one or the other. Please could a mod or someone else with some experience in this give me some advice as I really do not want to mess up my claim by putting both on my N1 when I'm not allowed!! (really tempting though looking at the figures that come out on the spreadsheet for contractual!!)

 

MANY THANKS!!!

[Lula]

Hi, that is correct you can only claim one or the other, if you complete a manual N1 and not mcol, then you can claim compound or in the alternative s69 interest, just so that you don't loose out should the judge not like to award compound, hope this helps

[JAMES33]

Sorry to seem a bit thick but isn't that the same as claiming both? Not sure of the wording to use on the N1 for this either. Thank you so much for all your help Lula - really appreciate it!!

[charleyfarley]

Hi J,

 

Mad NIck is the man for Contractual Interest so have a read of this thread. If you understand it then go for it, but............8% is easier to understand

 

http://www.consumeractiongroup.co.uk/forum/general/65701-contractual-interest-reclaiming-interest.html

[JAMES33]

I am ready to file my claim hopefully tomorrow - this has been slightly delayed due to a very busy week at work! I have decided to stick to the 8% interest as I feel it is a bit too risky to try for the contractual rate - great respect for Mad Nick and Glenn for going for it though:). Does anyone know if you need to staple or paperclip the 3 copies of documents together for the Court or should I just leave them loose?

[charleyfarley]

Big day tomorrow....... well done. You'll feel great once you've actually got the stamped copy with a claim number on it!

 

I'd staple everything together

[JAMES33]

Well i've finally filed my claim at Worcester County Court!!! Purse is £250 lighter but I feel surprisingly good now it's done. Should get claim number in a day or so and will post details when I do.

[charleyfarley]

Well i've finally filed my claim at Worcester County Court!!! Purse is £250 lighter but I feel surprisingly good now it's done. Should get claim number in a day or so and will post details when I do.

 

 

Well done, good girl!! Doesn't it feel as though you've achieved something, and you'll get your 250 quid back as well!

[JAMES33]

Thanks Charleyfarley! Yes it feels great. Keep getting dirty looks off the staff in my local branch now because the last two times I have been in there have been customers in complaining about bank charges and asking for them to be refunded and the staff have said there is nothing they can do so I have put them right and told them about this site and said to ignore what the staff told them, they are unenforceable and they can claim them all back! :o Customers have been very pleased and both said they would do just that and thanked me. That made me feel almost as good as filing my claim! I am thinking of printing some leaflets with the CAG website address on and handing them out outside my local branch - I'm sure I would have lots of interested customers;)

[mariejader]

am thinking of printing some leaflets with the CAG website address on and handing them out outside my local branch - I'm sure I would have lots of interested customers

 

I bet you would to, just wonder how long it would take to get the manager to come out and to ask you to move on

[JAMES33]

If he does I might just ask him to put a poster up in his window! I'm sure he wouldn't mind;)