gatecrasher2 vs Abbey

[gatecrasher2]

Thanks to this site for getting me to where i am now.

I had noproblems with SAR.

Sent LBA and got 10% of my claim refunded as a goodwill gesture.

Accepted "goodwill gesture" as a partial refund and got the standard "4 weeks" response, twice, each worded differently (a phone call to clarify which one to ignore proved to be interesting).

Getting ready to file my claim at the end of this week.

[spicester]

good luck mate!!!

[gatecrasher2]

Checked bank account the other day. It would appear that abbey's goodwill doesn't stretch to paying in all of the offer they made me. They paid in 65% of their 10% offer.

Snot-o-gram has been posted with a revised schedule with up to date interest.

MCOL is in place ready to go in 7 days time.

Time to go and make sure i have 3 copies of everything

[gatecrasher2]

Also, is it usual for Abbey to try and drag things out with their "complaints procedure"?

[Kirstypops]

I've got three copies of their complaints procedure. It's their way of not answering our questions.

[gatecrasher2]

I get a copy of that booklet with every letter i receive from them. (Sh)Abbey's printers share price must be through the roof!!!

[Guest louis wu]

Must make their shareholders very happy lol

[gatecrasher2]

Filing MCOL on the 5th March. Still no response from abbey, but then i wasn't expecting much until i filed the claim.

[gatecrasher2]

MCOL filed today. 7QZ28833 Finlay v Abbey National plc

[Michael Browne]

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely

[gatecrasher2]

Thanks for your help. I'll print the schedules and mail them tomorrow.

[gatecrasher2]

Received Notice of Issue today from MCOL.

Also received the Abbey eight week standard (we can't figure it out, but we'll take our own sweet time in trying to) letter.

The penny may drop shortly.

[gatecrasher2]

Got notice of issue. Deemed to be served on Abbey by 11th March. They have to respond by 25th March.

Perhaps this may provoke a response from them?

[gatecrasher2]

Received another letter from Abbey today. I think they have dropped themselves in the brown and smelly stuff.

 

"The regulations say that we must explain our charges in plain language and that we have to act in good faith, which, according to the OFT, means dealing fairly and openly with customers"

 

They then go on to quote on why charges are made, then cast aspertions as to the way my account was run.

 

Their whole complaints process has failed to take into account the OFT's ruling and the Unfair contractual terms issue.

 

Court proceedings it is then

[spicester]

Got notice of issue. Deemed to be served on Abbey by 11th March. They have to respond by 25th March.

Perhaps this may provoke a response from them?

 

Mines deemed to be served on the 13th so just two days apart they gonna be busy bees aint they lol

[alexted]

Mine was deemed served on the 10th - busy bees indeed!

[spicester]

lol

[gatecrasher2]

Received notice of acknwoledment today. It appears that abbey have a solicitor in house, part of TS6 BO3 (Bank Charges Team).

They have 28 days from the 16th to file a defence.

[mariejader]

at the moment they seem to be filing approx around day 22

[gatecrasher2]

Received a letter from Abbey today asking for information on how i calculated the s.69 interest on each and every charge.

Is this just another stalling/bullying tactic on their part?

Advice appreciated.

[Michael Browne]

This is standard for Abbey. just send them a copy of your schedule of charges

[spicester]

gatecrasher I received the same letter from them today lol. Have a look at my thread you will see the letter I am sending them back also sent an email direct into James Arrandales inbox too lol.

[gatecrasher2]

Sent Abbey their schedule with this letter.

Dear Sir/Madam,

Further to your letter 19th March 2007. My account number is ****** ********. I have enclosed a schedule of charges as per your request. This schedule was formed at a time when I was still seeking clarity over a goodwill payment. The amount I am claiming has the goodwill payment removed as this payment was accepted as a partial refund only.This schedule also contains interest claimable on each charge under s.69 of the County Courts Act of 1984, at the rate of 8%.

The amounts are correct at the time of claim, the total amount of interest will increase at the rate of £1.35 per day.

 

I look forward to your response.

Yours faithfully

[gatecrasher2]

Abbey have filed a defence quite quickly. Their new in house bank charges office seems to be on the ball. The main jist of their defence is "we deny everything except providing the account in the first place". If any of the mods/admin want me to scan/pm the letter, let me know.

[spicester]

same here gatecrasher, received a copy of the defence this morning