ABBEY BANK

[Advoc8]

They're just hoping if they bung you a few hundred you'll go away

[TUTTSI]

I am sure your right Advoc8, but it is just such a weird amount.

DS

[Advoc8]

They have special magic dice they throw , alternatively it's some odd %age of your claim?

[TUTTSI]

Perhaps they have a dodgy calculator, the same one that that works out the ridiculous charges that they have imposed on us. I am sure they missed off a 0 perhaps it should have been £3K and not £300....

[TUTTSI]

Well there a surprise, I checked my bank account account today and found loads of £30 etc refunds that actually total £385 and not £383 as per their letter. I told you it is a dodgy calculator!!

So I guess I am doing the rejection letter, but accepting this on account. Now the refunds on my statement do not state they are GOGW, just merely misc fee refunds. I will deduct these now from my spreadsheet and advise them that I still want paying in full, I will give them a further 7 days to respond before filing a Court Claim. Still not sure whether a N! or a MCOL. So I have a week to research this.

DS

[Advoc8]

Excellent, that's a good start. Personally I'd go with the N1 - no need to send separate schedules off and you don't run the risk of inadvertantly leaving something vital out because you're short of space.

[TUTTSI]

Letter of rejection now done and ready for posting on Monday allowing them 14 days to pay up. I did the rejection letter 4 from the Template liabrary and modified it slightly.

 

Abbey National PLC

Banking Specialist Team

PO Box 5885

Milton Keynes

MK10 1FA 17th March 2007

Ref: xxxxxx

BY CERTIFICATE OF POSTING

Response to settlement offer.

 

Dear xxxxxxx

Re: Account number xxxxxxxxxxx

Thank you for your letter dated 13th March 2007.

 

I respectfully decline your offer of settlement and request, one final time, that you return to me all charges & interest imposed on this account, totalling £6415.28, as per the attached revised schedule, which reflects the goodwill refund of £385 now credited to the above account as referred to in your latest letter. Please note that interest continues to accrue on my claim until settled in full.

 

In order to avoid Litigation against you, I am prepared to accept the sum offered as partial settlement on the clear understanding that the remainder is paid within the next 14 days. Failure to comply with this request will result in legal action against you for full recovery, as detailed in my Letter Before Action.

 

I await hearing from you.

 

Yours sincerely

[KnellyK]

We seem to be at the same point! I sent a similar letter on Thursday, I think they must have used the dodgy calculator on my account too because they've they put £20 less than they offered in to my account! I posted my letter signed for and as yet there's no record of delivery! But at least I'll know when it is delivered! I'm doing N1 ready to go to court!

knellyK:)

[TUTTSI]

Hi K,

We sure are at the same point and sueing seems to be the only way they will listen. Still a mystery how they decide on the GOGW. Good Luck with your claim , let me know how you get on.

DS

[TUTTSI]

I received another letter from Abbey today, they seem to be unaware that someone else had already written to me with GOGW, they are saying that they know how important is that they resolve my complaint quickly.... hold on... then they say they will come to me within 4 weeks.

So perhaps I will get another GOGW.....

DS

[KnellyK]

I had 2 letters in a short time, both dated 8th March, one from Complaints saying they were investigating and needed another 4 weeks the other from the Banking Specialist Team saying they'd put a GOGW in my account! It's a clear case of the left hand not knowing what the right hand is doing!

 

knellyK:)

[TUTTSI]

I have heard nothing further from Abbey, so it is my intention over the next couple of days to start to fill out the N1 form, shame I cannot do a MCOL because then it is there for Tueday. I am not sure if you can do a MCOL for over £6K, not sure of the proceedure. No

really sure what extra I would put on a N1 form that I would not have put on the MCOL. Any help or advice would be greatly appreciated.

DS

[Advoc8]

You can claim up to £100,000 through MCOL so £6K is not a problem. The main difference between using MCOL or a paper N1 is that the N1 lets you put more detail in. MCOL just about gives you enough space for bank claims but it's tight.

 

Templates for both are in the Library - stickies numbers 4 and 5.

 

My personal preference would be a paper N1 but if your claim is just the 'standard' bank charges claim either will do perfectly well.

[TUTTSI]

Hi Advoc - I have already made several claims but they were all under £3K so far, this is my big one so I want it to be right, The only thing is what more info do I need to put on a N1 claim form which is not covered on the MCOL, as this seemed to cover it all or am I missing the point somewhere!!

Thanks, any help will be gratefully appreciated.

DS

[Advoc8]

IF you are using the templates from this site you don't need to put anything more on an N1 than on MCOL - the wording on the MCOL template is a slightly condensed version so that it fits in the character limit.

 

The N1 template does spell things out a little more clearly than the MCOL template but this would only really make a difference if you got to a trial where you might need to expand on the content of the MCOL form, if things run true to form you won't need to worry about that

[TUTTSI]

Thanks Advok8

I thought that might be the case, so I will attempt the MCOL this afternoon. They have had enough time to review the situation.

Regards

DS

[TUTTSI]

Hi All

I have given this some more thought and reckon that I should let Abbey know what they should expect when we go to court so here is the letter which I intend to send tomorrow.

 

Mr Richard Harris

Head of Complaints

Abbey National PLC

PO Box 5129

Milton Keynes

MK9 2YN 6th April 2007

Ref: xxxxxxxxx

BY SPECIAL DELIVERY OPEN LETTER

Dear Mr Harris

Re: Account number xxxxxxxxxx

Thank you for your letter dated 15th March 2007.

 

I note the contents of your letter and in case you have been misguided on this issue, my correspondence is based on a Claim against the Bank not a Complaint.

1. I wrote on 12th February 2007 outlining my Claim in relation to bank charges on the above numbered account.

2. I wrote on 11th March a Final Letter before Action.

3. Your colleague Mrs Jan Teal from Banking Specialist Team

replied on 13th March with a gesture of goodwill refund of £385.

4. On 17th March I replied inter alia stating that: I am prepared to accept the sum offered as partial settlement on the clear understanding that the remainder is paid within the next 14 days. Failure to comply with this request will result in Legal action against you for full recovery, as detailed in my letter before action.

I am disappointed to have to advise you that I have not received a

reply to my letter of 17th March and I would advise you firstly that

the debt outlined in previous correspondence continues to accrue

with interest. The amount claimed as of today stands at £6442.94

with interest still accruing, and an updated schedule is enclosed for

your attention.

I enclose copies of my letters of 12th February, 11th and 17th March

2007 and also enclose a copy of your colleagues letter dated 13th

March 2007, for your attention.

No doubt you will realise that extensively in recent months there

has been much press comment in the media regarding banks and

penalty charges imposed on customers. You will no doubt also be

aware that the OFT have criticised banks too in the way in which

they are dealing with their customers and the hefty charges that

have been made. Many customers including myself have already

taken the banks to task and have issued claims against them and

have been successful in subsequent settlements prior to the Court

hearing date. Some Courts have issued directions stating that

proceedings ought to be settled by sensible negotiation or

mediation and that the Courts will take into account the failure to

follow such a course when dealing with the question of costs.

I would also state that the Courts now order upon its own initiative

the Defendant i.e the Bank, in these type of proceedings to state:-

1. Whether such charge is accepted to be a penalty and if not why not.

2. If such charge is alleged to be a pre-estimate of the Defendant’s

Loss incurred by the Claimant’s actions (whether or not such action is treated as a breach of contract between the parties) all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

3. If such charge is not alleged to be a pre-estimate of the Defendant’s loss incurred by the Claimant’s actions the facts and matters relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial to show that the charge was fair and reasonable.

This letter is purely being sent to you in advance of any possible

impending Court proceedings in an attempt, as the Courts

have suggested, to settle this matter by sensible negotiation.

Therefore, before I take any further action for recovery, I am writing

to offer the Bank an opportunity to settle my claim in full without

recourse to those proceedings. If proceedings were to materialise

and proceed to a Court hearing then inevitably the Defendant would

be compelled to supply the information at points 1, 2 and 3 above,

to the Courts satisfaction, otherwise the Bank will not be successful

in defending this action, and I would ask the Courts to order

judgement with costs.

I would very much hope that you can deal with this matter to my

satisfaction as it would also save unnecessary Court fees and costs

which the Bank as Defendant would inevitably have to meet in the

event of proceedings being taken and which costs would not be

seen to be of benefit to the Bank’s Shareholders, should the bank

lose. Also, importantly as well, the Courts time in such an action

could be saved.

In view of my above comments, and if you are not able to also

respond to me satisfactorily to points 1, 2 and 3 above, I request

that you now expedite my claim as quickly as possible. I will allow a

further period of 14 days from 10th April for this matter to be settled

otherwise and without further recourse to the Bank, I shall

commence recovery proceedings.

I await hearing from you.

Yours sincerely

[Advoc8]

Not sure if you want opinions or not, but if I received that I'd think you weren't prepared to go to court for whatever reason and I'd call your bluff.

 

Senior management at Abbey will have decided the policy and if it's only to pay when court action is commenced that's what you'll need to do.

 

I'm only too happy to be wrong, by the way;)

[TUTTSI]

Hi Advoc,

No I am happy to hear comments from any Cager who has an opinion on the above letter. It was not designed not to go to court but hopefully to speed things up. The Court system, where we live is almost at a standstill, my O/H has been waiting for his court date on his Barclay matter since early Feb, whenever he phones the court they say it is still with the Judge. They say they have a tremendous backlog and it is because the Banks are clogging up the system. I thought perhaps they should re-think their therory, because my claim is for £6k+ it may go to the next track up and I could get severe costs. If I show the courts that they did not give the info that would be needed at the next stage, who knows the judge may sling out their defence from the word go, as I would use this letter in court. It is only my opinion and others like you may disagree, but from the courts point of veiw I have asked the same questions that the courts would ask and we all know that they will not answer those golden questions. These questions are the questions which my court are asking the defendants to do well before any court date. If they do not comply, their defence stands struck out and Judgement given.

Thanks

DS

[TUTTSI]

Just to let you know that the letter has now been posted by special delivery, so lets see what happens next. In meantime I will start to complete the N1 claim form, just in case I need to use it and I will if I have to send the copy of that letter with that form I will just to show the Judge that they are not providing us with the information that is required in order for them to sucessfully defend in this matter. No breakdown of their charges, means no defence.

DS

[doo]

Good move DS - it's so frustrating how the banks are abusing the court system - I only hope the judge's will start to take a firmer hand with them, just keep that N1 handy - I think you have been more than fair giving them another 14 days.

[millymollymoo]

Hi DS:)

 

Good letter. This would show the juge that you tried everything you could to try and settle the matter before any proceedings and in fact shows you to be extremely reasonable. Go get em and well done.

 

I am with you all the way hun:D

 

Milly XXXXXX

[TUTTSI]

Thanks Milly, Just shows when the o/h and I get in the letter writing mood what we can come up with. I just thought that the Judge is going to order it anyway so why not ask for it now. I have decided that I will claim on the N1 form and then I can tell the courts the state of play and enclose that letter that I have tried to resolve before claiming against them. You never know they may just decide to cave in earlier rather than latter.

I will keep you informed.

Regards and Easter good wishes.

DSxxxxxx

[millymollymoo]

Just saying hello:)

[TUTTSI]

Hi Milly

I have not done my Abbey Claim yet I need to get my head arround it and have been busy. But I have today received a cheque from Barclays. I eventually spoke with a very nice chap in the Litigation section and he organised my cheque, and not into my account also he said if my o/h contacts him on Monday he will settle his claim. As I told him that they had no intention of going to court and it is a waste of everyones time doing the bundles for court when they are not going to bother. He agreed with me unofficially and said that I was to give my o/h his direct number so that he can deal with settlement.

 

What stage are you with your claim with Barclays!, have you got a court date yet! if you have and you would like the telephone no, I will PM it to you, just let me know.

 

Regards

DSxxxx