Loulou29 v Abbey

[Loulou29]

Hello, thought it only fair that I post my progress as I am benefitting from so many others'.

 

Sent first letter to Abbey and received acknowledgement letter within a week and 2006 statements, one by one, in the mail. Previous years came as a lengthy print out that would have taken many hours to decipher. However, as I was only a few statements missing, I had most of the information already.

 

Am now about to enter phase 2 and ask for the money. All going to plan so far.

[MARTIN3030]

well done.

Time now for your own thread in the Abbey group.

I will move your post there and set this up for you.

[Loulou29]

Have now sent my second letter. I covered their delayinging tactic of claiming non receipt of amount breakdown, before it started, by making a copy of the letter to be sent to Abbey and taking it into my local branch with a memo attached saying this 3 page correspondance would reach you via internal mail and the original by recorded delivery . I attached a memo to the recorded delivery letter stating that a copy had been handed in at the branch and a receipt obtained.

 

The branch stamped my copy, photocopied it and gave me the photocopy.

 

Hope this works.

[Loulou29]

Hope I am putting this question in the right place.

 

I have today received a standard looking "sorry you are not happy" letter from The Abbey inviting me to send in a complaint to Milton Keynes. Please could someone tell me:

 

1. Should I follow this instruction? and If so in what format?

 

2. How does this affect the status of my 14 days to pay letter? (sent 6 days ago and obviously recevied)

 

3. Sent 14 day letter to the London Head office, do I contine to correspond through London or now transfer to Milton Keynes?

 

Would appreciate the help if anyone knows. Many many thanks

[Smoothy]

Im sure your doing it right Lou.! I can see it! To respond click post reply!

[bitingback]

Hi Loulou,

 

This is a standard resopnse and an attempt by abbey to dictate the timetable, believe me you will amass a collection of these.

 

It is important to stick to your timetable and issue the letters as you said you would

 

Best of Luck

 

BB

[Loulou29]

Many thanks, will keep going as advised, I assume to London. Should I follow their complaints procedure(as a side issue) anyway or just ignore it.

[Bigmac versus]

Wont help you any unfortunately.

[Smoothy]

Stick to the timescale that is laid down by law, their complaints procedure is about as effective in resolving issues as powdered water solving a drought problem. So let the time tick by and count the days till you get the cash!

[Loulou29]

Thanks a lot for everyones help. Was wondering if making the complaint might be part of the procedure to show you had done everyting possible and in your power to sort this out before going to court. Assume not so I will ignore it and await the time for my 7 day letter.

[bitingback]

Ho Loulou,

 

Sadly their complaint procedure does not help in resolving your claim. Best to ignore it and carry on with what you have advised you will do.

 

Keep us posted

 

Regards

 

BB

[Bigmac versus]

LouLou if they come back with their final offer and it is below what you are claiming you could complain through the FOS, this comlpaint form can be downloaded and they are good at getting your money back, just a thought and an alternative to court.

[Loulou29]

Thanks very much for that but what is the FOS and is this a better way to go than to court. I have no problem doing the court thing but would obviously rather whatever is likely to reap the best result.

[Smoothy]

The FOS (financial ombudsmen service) are who youd make a complaint to. Heres a Link!

You can accept any offers they make as part payment towards the full settlement and until you are satisfied, proceed with court action.

Smoothy

[Loulou29]

Can anyone help. A friend with a thread in MBNA away on business and cannot get to her thread so has asked me to help, so here is her problem.

 

9th Feb received letter offering £520

 

15th Feb wrote accepting as part payment and sent LBA

 

16th Feb received and banked cheque

 

28th Feb issue court papers for outstanding plus costs, interest etc amouting to £902.00

 

Today 14 days up and the court are saying that they have issued a defence saying that they paid the £902 on 13th February.

 

PROBLEM:

 

£902 not paid

 

On 13th Feb they could not possibly have know the outstanding amount would add up to £902 as the court papers not issued untl 28th.

 

What is the next step here, they are obviously very confused or telling fibs.

 

Any help would be much appreciated.

[Smoothy]

Get your friend to contact the courts explaining what the bank offered and that your friend accepted it as part payment but that they wish to continue until full payment has been received. When it goes in front of the judge make sure your friend has proof of how much they paid as this will prove that they failed to offer the full amount.

[Loulou29]

Many thanks, the court has now told us that she can refute this defence and it will then be sent to the local court, so she is going to do that.

 

As MBNA have effectively admitted they owe her the money by saying they paid it, will it still be necessary for the court bundle etc or will the proof that they did not pay it be enough in this case.

 

Your help is proving invaluable.

 

[bitingback]

Hi Loulou,

 

It is allways best to prepare for the possability of going to court and do all the tasks required with this in mind.

 

I would imagine once MBNA are advised that their defence is refuted they will make efforts to resolve the issue. This is only my opinion but it seems logical.

 

Regards

 

BB

[Bigmac versus]

You wil probably find that they will amend their defence due to this £902 pay back claim, how good are they going to look in court, or settle for the remainder, the latter looking more than likely, ask your friend to call them, after reading this i would expect them to settle this with a call.

[Loulou29]

HELP HELP HELP

Am just in the process of entering my court papers on line and have copied the particulars of claim from the library but it about 700 characters too long. Don't know what to leave out or where to get a shorter particluars... ANY IDEAS I am online doing it now.

[Smoothy]

i did mine yesterday and it fits...ill pm it to you

[Loulou29]

Many thanks, not sure what I was trying to use but yours worked brilliantly. Have now submitted it so heres hoping it is OK.

 

Again,o many thanks.

[Smoothy]

Always a pleasure

[Loulou29]

I have just received an acknowledgement of claim from the Abbey who "intend to defend this claim". Got smug thinking they would pay up so wasn't quite expecting that. Does this mean I now need to prepare all the court papers etc or is there going to be something I need to do before that stage.

Any help and masses of reassurance would be appreciated.

 

[Smoothy]

Lol...it stumped me too!

Have a read of this, itll help put you at ease.

They always reply with intend to defend but cough up at the last minute so stick to ya guns!!