Joint claim with seperated wife and own individual claim v Abbey

[chezt]

Yes, thank you, it certainly IS up to me now, .

 

I am going to think about it and decide this weekend, thurs and fri are busy for me and I am getting over the flu.

 

Good luck with your claim whatever route you decide to go with it ....

 

ps - hope you're feeling better soon

[quietzap]

Thanks, think my headache will get worse for a bit though!

[quietzap]

Thank you very much, Bill, for the spreadsheets and I am going with £1,774.03 on my Sole Acc, £3,607.04 on the Joint Acc.

 

I shall post the new Preliminary Requests here later this weekend for any suggestions and hope to post the Joint one via my wife, the Sole one direct on monday.

[bill-k]

OK that's good, QZ. You've decided, then !!!

 

Just stick to your guns, now !!!

 

 

 

 

 

 

[quietzap]

ROFLOLOL!

 

I thought we were both peacable types . . .

[chezt]

OK that's good, QZ. You've decided, then !!!

 

Just stick to your guns, now !!!

 

 

Bill put down the gun & step away from the cigarette ....

[bill-k]

 

Get off ya horse an' drink ya milk, Chez, ya varmint !!

[chezt]

 

Good luck with the letters QZ!

[quietzap]

Ok Bill, if we all drink our milk do you promise not to shoot your gorilla again?

[quietzap]

I may get out of debt!

[chezt]

Ok Bill, if we all drink our milk do you promise not to shoot your gorilla again?

 

haha ... well spotted QZ ... it does look like that in Bill's post doesn't it!

 

Told ya to put the fag out Bill! Get a luvly cream cake (or choc chip muffin) instead!

[quietzap]

I still miss nicotine. It was even more expensive financially than the shAbbey though, and nearly killed me too.

 

Stopping was terrible, staying stopped has taken 9 years or so, so far . . .

[bill-k]

Well done, QZ. I still fancy one on the odd special occasion, but it's dangerous in bed !!

 

Nah - I'll keep my spliff going, Chez. Anybody for a quick blast on it ?

[bill-k]

Ok Bill, if we all drink our milk do you promise not to shoot your gorilla again?

 

Not if he shoots us, first !!

 

[bill-k]

haha ... well spotted QZ ... it does look like that in Bill's post doesn't it!

 

ISWYM !! I've fixed it now !!

 

Right, now the muffin gets it - stick 'em up !!

 

____________

[quietzap]

LOLOLOL! very good.

[chezt]

ISWYM !! I've fixed it now !!

 

Right, now the muffin gets it - stick 'em up !!

 

____________

 

LOLOLOL! very good.

 

 

Err EXCUSE ME U TWO .... Wot's my sweet lil muffin ever done to u pair ....!

[bill-k]

Err EXCUSE ME U TWO .... Wot's my sweet lil muffin ever done to u pair ....!

Damn thing trashed my car once - remember ?

[quietzap]

Proposed next letter to Abbey - Sole Acc

 

Abbey

PO Box 1109

Bradford

BD1 5ZJ

 

Date 3/25/07

Dear Sir or Madam,

Re: Acc no ZZZZZZZZ Mr Quietzap

My Request:

I am writing further to my letter requesting the return of unlawful charges you took from my account, which remains unanswered.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Since my last letter I have reconsidered my position. Please note that I am adjusting my claim, which now covers the period of 21 3 03 to the present date, and to include compound interest at Abbey’s excess overdraft rate of 28.7% EAR. I am applying this rate of interest to the monies that Abbey has unlawfully deducted from my account over the years, on the principles of implied mutuality and reciprocity, and unjust enrichment.

 

The revised total of the charges, and interest debited as a result of the charges, stands at £990 at 21/03/07, on which I have calculated interest due (to 21/03/07) of £784.03, bringing my total owed me to £1,774.03. I have enclosed a schedule of the figures for your information.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

I wish to draw your attention to the fact that I have previously asked you to demonstrate that the bank’s charges are lawful, by providing evidence of the costs to which the bank has been put as a result of my account breaches. I have also previously requested details of any manual intervention on my account. Neither has been forthcoming and, as I understand it, you have denied being able to do so.

Consequently I am of the view that Abbey is unable to demonstrate that its charges are lawful or that there has been manual intervention in relation to the breaches that have occurred and the charges that have resulted.

I do not expect to borrow from the bank free of charge - I fully expect to pay interest and have done so at your unauthorised overdraft rate.

You abused your priviledged position as my fiduciary

It is my considered view that Abbey, as a multinational corporation of very high standing and repute in the business and banking world, with the benefits of accounting expertise, in-house lawyers and/or access to top legal experts, owes a duty of care to its customers, in relation to ensuring that it is trading lawfully; and has therefore always had the resources to know that its charges were and are unreasonable, punitive in nature and therefore unlawful.

 

What I require

Kindly remit £1,774.03 forthwith by cheque or direct into my Abbey Account as interest accrues daily. If I have not received this sum within 14 days I shall give 7 days notice of my intention to bring this matter to court.

 

Sincerely yours,

 

(with thanks and apologies to Bong who gave permission for me to use some of her prose)

 

Polite comments welcome, I thank you!

[quietzap]

Dictionary

muffin |ˈməfən| noun a small domed cake or quick bread made from batter or dough : blueberry muffins. • short for English muffin . ORIGIN early 18th cent.: of unknown origin.

 

OR

 

muff 2 informal verb [ trans. ] handle (a situation, task, or opportunity) clumsily or badly : the administration muffed several of its biggest projects. • fail to catch or receive (a ball) or to hit (a shot or a target) : the catcher muffed a perfect throw home. • speak (lines from a theatrical part) badly : he was starting to muff his lines. noun a mistake or failure, esp. a failure to catch or receive a ball cleanly. • dated chiefly Brit. a person who is awkward or stupid, esp. in relation to a sport or manual skill. ORIGIN early 19th cent.: of unknown origin.

 

I am lost Chezt, please explain?

[chezt]

 

I am lost Chezt, please explain?

 

Yeah me too!

Damn thing trashed my car once - remember ?

Loada rubbish!

[chezt]

I have calculated interest due (to 21/07/07) of £784.03, .

 

 

I'm not sure you are able to claim based on forward calculations .... ?

 

Why are you doing this to calculate to July rather than the current date?

[bill-k]

I'm not sure you are able to claim based on forward calculations .... ?

 

Why are you doing this to calculate to July rather than the current date?

Well-spotted, laser-eyes Chez. I didn't see that, myself.

 

It's a typo, and it should read "21/03/07"

 

The interest figure is correct, though, and is actually only calculated to 21/03/07, as in the spready.

[chezt]

Well-spotted, laser-eyes Chez. I didn't see that, myself.

 

It's a typo, and it should read "21/03/07"

 

The interest figure is correct, though, and is actually only calculated to 21/03/07, as in the spready.

 

If u look carefuly at my muffin the eyes are movng too... that's why I spotted it!

[quietzap]

I see, well I should have spotted it, obviously I should eat more carrots, or wait until the machine gun fire lights up the typos properly?

 

Thank you Chezt. So a Muffin can be a flickering eyed exerciser? That is what your figure looks like to me.

 

The letter rambles a bit, I want to be sure I can convince a court I am making the sincere effort to reach agreement I am actually making. However foolish those efforts may be.

 

The LBA will be more businesslike, and I shall start it mon/tues.