lordbadger V ABBEY

[lordbadger]

Hi, I have sent my data protection act letter and have gone through my statements and requested that i be refunded. I have now passed the LBA stage, during which the ABBEY wrote to me and said they would do an internal investigation and let me know where i stood. I heard back from them yesterday and they said their charges were legal and I was entitled to nothing. Is this a normal response to put me off? I am looking for £430.

 

I have my MCOL ready to submit today. Should I proceed?

[Michael Browne]

Is this a normal response to put me off?

Yes

 

I have my MCOL ready to submit today. Should I proceed?

Absolutely.

[lordbadger]

Excellent!! I will submit that right away.

 

Thanks very much.

 

 

What can I expect from now on??

[jcaps]

No expert but I have read alot of other threads, just about everyone has had a ggow of around about 50% at this point so it just depends how far you want to go with this. Good luck!!

[Guest louis wu]

The general stardard approach from abbey is to stall at every oportunity.

GOGW payments aren't allways made, and the amount varies.

 

The only advice I can give is that you are in charge of this action, not Abbey. Stick to your timetable and accept Abbeys standard responce letters for what they are, non personal and mostly irrelevant to your agenda.

 

If you have completed your MCOL, then Abbey will submit a defence that is just the usual...-

 

'Refer to the Terms and conditions blah blah blah'

 

'claiments contention that these are penalty charges is denied...'

 

etc etc

 

 

It is just designed to put the frightners on, because it is all now very official. Dont worry, they seem to have no intention of defending the claim in court, and lots of claims have gone down this well trodden path.

 

There are answers to all your questions in other posts, but update this thread and you will get all the support and advice you need.

 

Best of luck

[lordbadger]

I have my MCOL accepted and it has been submitted to ABBEY. They have 14 days to acknowledge i believe. Is there anything I can expect or can be doing in the meantime to help my situation?

[Guest louis wu]

At some point soon, you will need to compile a ‘Basic court bundle’, notes on this are found in the templates library.

 

This is a potentially daunting task on two fronts.

 

Firstly because of the sheer volume of paperwork that’s required, and secondly some of the legal parts are heavy going. It is however fairly straightforward once you start, and it all follows a very logical and chronological order.

 

If you have the time it wouldn’t hurt to look through the following thread (I am sure there is an easier way of doing this but I don’t know how) by Bookworm.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

My bundle was well over 200 pages (including statements) and weighed over 1kg, so it’s not an overnight job. There are 2 other threads worth looking at, both by Karnevil

 

First one explains a little about the court bundle and provides another link about court hearings.

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/52494-read-now-if-you.html

 

And finally

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html

 

This is fairly self-explanatory. (these are both found in the Abbey forum in the section in the middle of the page)

 

The point to remember is this, each bundle and/or set of court papers is individual to each case, and yours needs to reflect what has happened to you from day one. As always, it is best to understand what you are doing, and why it needs to be done (This sites greatest asset, as far as I am concerned, is the level of information available, and the confidence that knowledge brings.). You are obviously well on top of things, and I don’t think you’ve got anything to worry about.

 

Best of luck, and well done so far.

[lordbadger]

When you say your court bundle was 200 pages, did you end up in court then?? if not how close did you come. What were the time scales?

[Guest louis wu]

My court date is set for March, and the court order for this date was set in January, with directions from the judge that all documents relied on for the case be submitted to court (and other party) in early Feb.

 

For me, it worked out roughly as, 2 weeks for documents to be submitted, and court date 5 weeks later.

 

As with other postings on the subject, I felt overwhelmed at first with my court bundle, but with a little time and patience, it began to make sense. I suspect, like most people, I felt quite proud of my court bundle when it was finished, and wanted to compare it to Abbey’s solicitors. Unfortunately, they haven’t bothered to supply one (no real surprise there then), and I am now just awaiting an offer from Abbey, as I cannot believe they will allow this to go before a judge.

 

I only suggested looking at the court bundle because you seem to be right up to date with everything, and a little look through it now will help when the time comes to prepare your own. As always, there will be lots of help at hand, and I will keep an eye out for this thread and help if required. As with everything at CAG, knowledge and understanding are the keys to this process. The next actual requirement, as I belive, will be to complete an allocation questionaire sent out by the court. This is generally very standard, and a template is available, but you will be hearing from the court soon, and just follow the instructions set out by the court.

[lordbadger]

Thanks very much. I will have a look through the links to prepare myself and wait for the court to be in touch. Thanks for keeping an eye on this link and I shall update it whenever I find out any new info.

 

Cheers

[lordbadger]

Morning all,

 

I have recieved a copy of Abbey's defence this morning. It is headed by a letter saying

 

"We enclose a copy of the defence we have filed with the court. The next stage will be for the court to send each of us an Allocation Questionnaire blah blah. In the interim we are writing to asscertain whether you would be prepared to agree to a settlement in order to avoid court and avoid further expense for both of us.

 

Your claim is for £611.47 in charges, interest and court costs. As a matter of goodwill and without admitting liabilty Abbey will offer you half your claim, £305.74. This would be full and final payment.

 

We hope you will regard this a s a reasonable offer and a genuine attempt to reach an amicable settlement."

 

What is the best way forward from here? Any advice would be much appreciated.

 

Cheers

[jcaps]

pretty standard response, 'rejection of offer letter' template I'd say.

[enterprise_jj]

I think i'd reject too. But I suppose you need to take into account your personal circumstances.

 

It's just a tactic to put you off, I think if you persue, you'll get the full amount.

 

I'd just write to them and say thanks but no thanks, it's always good to be polite about it. And tell them you'll be persuing the full amount.

 

But as I said, thats just what i'd do!

[A-dust]

I second that lordbadger..

 

Out of interest have any of you guys who bank online found that your access has been blocked since beginning your claim? Mine has but I wasn't sure whether they were allowed to do this. It would have been handy to check whether they'd offered a GOGW without having to make verbal contact..:-|

[Guest louis wu]

I have to agree with the general concensus, reject the offer

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

 

As to the online banking question, A-dust, are you over your o/d limit? I ask because I am/have been since my first claim, and telephone banking just say an indicator is on the account, talk to debt management. Could you be in the same position?

 

Louis

[mariejader]

Morning all,

 

I have recieved a copy of Abbey's defence this morning. It is headed by a letter saying

 

"We enclose a copy of the defence we have filed with the court. The next stage will be for the court to send each of us an Allocation Questionnaire blah blah. In the interim we are writing to asscertain whether you would be prepared to agree to a settlement in order to avoid court and avoid further expense for both of us.

 

Your claim is for £611.47 in charges, interest and court costs. As a matter of goodwill and without admitting liabilty Abbey will offer you half your claim, £305.74. This would be full and final payment.

 

We hope you will regard this a s a reasonable offer and a genuine attempt to reach an amicable settlement."

 

What is the best way forward from here? Any advice would be much appreciated.

 

I have a question if you don't mind?

 

What happened between you submitting your N1 and getting to where you are now?

 

Basically I know Abbey are defending in full regarding my claim but I only know because I called the court, I have no paperwork from anyone

[lordbadger]

I submitted my MCOL. They acknowledged, then stated they would defend. I then received the letter in question. I haven't eceived the allocation questionnaire from my local court yet.

 

I am claiming from HSBC too and they intend to defend but i never heard from them. I just recieved the documents from the court.

 

 

The way i think it works is once the 28 days from MCOL being submitted is up and they intend to defend it will get transferred to your local court. The court will send you a questionnaire to fill in. I think its a waiting game.

[A-dust]

Louis

I am in the same position so I'll have a word with debt management as you suggest..it's just so frustrating not being able to see what they're up to!

Never mind...revenge is sweet

[lordbadger]

I received a letter from my local court yesterday. The hearing date has been set for 26th April. What do I need to do now?

[mariejader]

I guess you have now completed your AQ?

 

 

Have you started your bundle?

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/52494-read-now-if-you.html

[lordbadger]

No I haven't sorted my bundle. I am hoping it won't get to that but I guess I best be prepared.

[enterprise_jj]

Absolutely.

 

Chances are you won't need to use it in court. But you'll definatly have to submit it!

There's loads of help round here in getting one sorted.

 

I haven't got that far with my claim yet, but I've been doing a bit of reading for when I have to make a start! No doubt I will

[lordbadger]

Today I have received a letter from Abbey saying that while they are not in the wrong they will pay in full.