Heyho! I ** Won !!! ** Ostrich v Abbey

[Ostrich]

I'm about to write to Abbey but I can't find who to address the letter to. Can anyone help please?

[martin2006]

Send or take it to your local branch or head office. i dont think it matters as long as Abbey receive it. If u send it, send it at lesast recorded del

 

Good Luck

[Ostrich]

Thanks Martin

 

I thought there was a specific address and person to whom the letter should be addressed but if not, then I'll just send it to the head office. Thanks.

[PeterR32]

Hi Ostrich

 

I sent my first letter to:-

 

Abbey National PLC

Abbey National House

2 Triton Square

Regent's Place

London NW1 3AN

 

Hope this helps

 

P

[Ostrich]

Thanks Peter

[Ostrich]

Can I include unauthorised overdraft charges? And what about interest they've charged me while I was overdrawn? eg Abbey charged me £15 for being overdrawn (they wouldn't give me an overdraft!) and then charged me £0.94 for interest charged while I was overdrawn. Can I include these charges on my spreadsheet which I'll enclose with my letter?

[Ostrich]

Here's where I'm at:

 

1) I sent the initial letter to Abbey asking for a refund of charges (£3,200).

2) They didn't reply within 14 days so I sent the letter before action.

3) They replied offering a Goodwill gesture of £800. They've even credited my account with the £800, even though I haven't responded to them yet.

4) It's now past the 14 days - today is day 18 (I was on holiday), so what do I do? Do I reply to their letter refusing the money or do I accept it as part-payment? Is there a letter in the library that I can use? If not, can someone help me word it please?

5) Do I also now start the court proceedings? If so, can someone again please guide me through it? Or check what I'm doing? I'm terrified I'll mess it up, even though I've read loads of stuff on here about it!

 

Thanks guys.

[Lula]

Hi Ostrichm Ok I presume that you have filled in the spreadsheet with interest? if not there is a link at the bottom of my signature.

 

YUou can write to them, thanking thm for their gesture and saying that you will accept it as part payment and persue them for the rest, please check to see if they have already credited your account. if they have ask them what charges these are in relation to and deduct them from your claim.

 

If they havnt, send the LBA and file on MCOL or in person at your bank there is an N1 that you can complete and some help with filling it in on here.

 

Now that you have your own thread, keep posting any questions or queries on here and we will help as best we can.

 

Good luck and welcome

[Michael Browne]

Send them this:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

and file as soon as you like (no need to wait for a reply)

[Ostrich]

Thank you so much for replying and for your help. I'll get on with what you've suggested and come back to you (if I may) if I get stuck. Thanks again.

[Ostrich]

OK, I'm stuck again. I'm really struggling with the spreadsheet now. I have already made up a (long) spreadsheet showing all charges, which I sent to them with my original letter. I'm sure I used a template from here to create this original template, but i can't seem to find it on here now! Can I adapt this spreadsheet to work out the amount plus 8% interest? Is there a simple way of just adding on the 8% interest? Or do I have to type it all into a new spreadsheet? If so, which one? I can access Excel.

 

I'm getting really frustrated with myself now because I'm just worried I'll make a stupid error!

 

Thanks for any help.

[Michael Browne]

Calm down, just take your time, there's no rush to file. It's better to take it slowly and get it right first time.

 

Use the Simple S/s here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

[Ostrich]

Ok, I'm breathing deeply and calm again ;o)

 

Thanks a lot for that link, that's the version I used originally (without the 8%). I've now used the one you linked to, with the 8% column. However, I believe I need to deduct the £857 whcih they have already credited to my account as a gesture of goodwill (for the period October 2005 to September 2006). Do I therefore delete some of the latest amounts from the spreadsheet or do I simply add another row detailing why I'm deducting £857 eg

 

Amount deducted due to part payment £857

 

If I should delete some of the later charges, how do I do this because the amount they have offered as a gesture of goodwill is actually only part of the charges they hit me with for the period stated ie Oct 05 to Sept 06.

 

Sorry, I hope you can understand this....

[Michael Browne]

Starting from the latest charges go back until they reach £857 and overwrite the 8% column to 0. Since they have refunded these before your court claim you can't claim the 8% on these, but being the latest charges you are losing the least amount of 8%. Then deduct £857 from the charges total to show a new total.

[Ostrich]

This is how the bottom of my spreadsheet looks:

 

CHARGE FOR CLEARING DD/SO£30.0005/04/2006173 £1.14CHARGE FOR CLEARING CC PAYMENT£30.0006/04/2006172£1.14CHARGE FOR CLEARING DD/SO£30.0007/04/2006171£1.13CHARGE FOR CLEARING CC PAYMENT£30.0010/04/2006168£1.11CHARGE FOR EXCEEDING O/D LIMIT£20.0009/05/2006139£0.61CHARGE FOR CLEARING DD/SO£30.0009/05/2006139£0.92CHARGE FOR CLEARING DD/SO£30.0010/05/2006138£0.91CHARGE FOR EXCEEDING O/D LIMIT£20.0017/05/2006131£0.58CHARGE FOR CLEARING DD/SO£30.0025/05/2006123£0.81CHARGE FOR CLEARING CC PAYMENT£30.0012/06/2006105£0.69CHARGE FOR CLEARING DD/SO£30.0012/06/2006105£0.69CHARGE FOR EXCEEDING O/D LIMIT£20.0017/06/2006100£0.44CHARGE FOR CLEARING DD/SO£30.0027/06/200690£0.59CHARGE FOR CLEARING DD/SO£30.0004/07/200683£0.55CHARGE FOR CLEARING CC PAYMENT£30.0010/07/200677£0.51CHARGE FOR CLEARING CC PAYMENT£30.0010/07/200677£0.51CHARGE FOR CLEARING CC PAYMENT£30.0011/07/200676£0.50CHARGE FOR CLEARING DD/SO£30.0012/07/200675£0.50CHARGE FOR CLEARING DD/SO£30.0012/07/200675£0.50CHARGE FOR EXCEEDING O/D LIMIT£20.0008/08/200648£0.21CHARGE FOR CLEARING DD/SO£30.0008/08/200648£0.32CHARGE FOR CLEARING DD/SO£30.0008/08/200648£0.32CHARGE FOR CLEARING CC PAYMENT£30.0008/08/200648£0.32CHARGE FOR CLEARING CC PAYMENT£30.0008/08/200648£0.32CHARGE FOR CLEARING CC PAYMENT£30.0008/08/200648£0.32CHARGE FOR CLEARING DD/SO£30.0008/08/200648£0.32£3,447.00£460.91£3,907.91

As you can see, the last 31 charges amount to £870. They have offered me (and paid into my account already) £857. Do I reduce the 8% interest column on these 31 rows to 0? And do I leave the charges amounts on the spreadsheet as they are, but add a new row under the total saying 'Less amount as part payment - £857'

[Ostrich]

Oh damn, I wasn't expecting that to happen!

I hope you can understand my query anyway...

[Michael Browne]

Yes that's exactly what I meant and also adjust the charges plus interest total.

[Ostrich]

Perfect, thanks ever so much for your help.

[Ostrich]

Which Abbey address do I use for Abbey as 'defendant' when I'm filling in my claim online? Do I use the address from which they wrote to me offering the GOGW?

[Michael Browne]

Use their registered office here:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks.html

[Ostrich]

Many thanks Michael.

[Ostrich]

I'm at the court stage with Abbey now and need to either complete the N1 form or do the money claims online. I've received a GOGW from them and I have written back to say I have accepted it as part payment. I've now adjusted my spreadsheet with this amount deducted at the bottom (I've worded it as 'less part payment').

 

I really need some help now with completing the court form though. Is it easier to do the N1? Can someone guide me a bit please?

[Glenn UK]

Ostrich do you have a thread of your own ?

If you look in the templateslibrary there are some suggestions for the particualrs of claim.

If you want to see what others have put my POC are posted on Glenn vs abbey.

HTH

Glenn

[Ostrich]

Oh I have just realised what you mean about having a thread of my own. Should I be posting everything in the same thread?

 

Thanks for the help re particulars of claim.

 

I have now completed the form as follows. Could someone check over it for me and help me where I'm stuck?

 

1) I'm worried I haven't filled in the 'Value' section correctly. I'm claiming £3,447 bank charges plus the 8% interest but do I put 'less part payment'? Abbey gave me a GOGW payment and paid it into my bank account. I wrote to tell them I'd accept it as part payment. Also, do I include the court costs here or just in the section allocated at the bottom of page one?

 

2) I'm also concerned about the wording of 5) on page 2, particularly the amounts and interests. Have I got the amounts right? I'm scared of getting it wrong!

 

Thank you so much for any help.

 

Claimant: my name and address

 

Defendant: Abbey National plc, 203 Triton Square, London NW1 3AN

 

Brief details of claim: Unlawful bank charges

 

Value:

Total charges £3,447.00

Total interest at 8% £ 443.04

Less part payment £ 857.00

Total - £3,029.64

 

Court costs £ 120.00

 

 

Amount claimed: 3029.64

Court fee: 120.00

Solicitor's costs: ---

Total: 3149.64

 

 

Particulars of claim:

1. The Claimant has an account Account No ("the Account") with the Defendant which was opened on or around December 1996.

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £3,447 and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act at a rate of 8% a year from XXXXX to XXXXXX of £443.04 and also interest at same rate up to the date of judgement or earlier payment at a daily rate of £0.66p

[Glenn UK]

Out of interest when did you write to the bank accepting the

GOGW?

 

I have heard of them withdrawing amounts when the claimant only accepts its as a part payment.

 

So im not sure I would mentuion it in the claim.

 

If you have the money and they cant withdraw it then amend the claim.

 

JMHO

 

Glenn