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Parkes Vs Abbey***WON***


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Hi all I have worked out that IM owed a total of £2817.50 from Abbey. I dont know how to work out the overdraft interest bit of the letter? The above figure is what they have charged me but does not include the 8% interest. Can anyone help please?

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Thanks for this. I was aware of the 8% bit but wasnt sure about how to work out the overdraft interest. I sorted it by looking at the statements which pointed it all out and added up to a whooping £500!! Thanks for the reply :) Parkes

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If you follow the instructions on the spreadsheet it tells you how to deal with interest from a bank account.

 

Basically it estimates the portion of interest paid on an overdraft that is due to the charges.

 

Then you can either charge the contractual rate before filing at court, or go for the 8% when it gets to court.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hi and thanks for the reply. I have sent my letter to Abbey claiming the overdraft charges that were listed on the bank statements. I think I have done the wrong thing :( I have had a look at the advanced spreadsheet and Im finding it a little confusing?? Have I done it wrong guys?

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Hello Parkes

 

Yes, I think you may have.

 

When it comes to working out the interest that the bank have charged you since you were unlawfully charged, I personally think it gets very complicated, even with the aid of the spreadsheet for doing this in the templates, and is why I did'nt go for them charges as well.

 

When calculating these interest charges, you have to break them down in to 2 parts: 1. Part of the charge is legitimate, if you have an agreed o/d with the shABBEY, and 2. Part of it has been charged due to the unlawful charges they have put on your a/c.

 

If it goes to court, you will have to be able to show to the court how you worked this out, so that is why you have to be extra careful when doing this, as it is an area they could trip you up on!

 

If the interest over the time you are claiming has always been due to the fact they have put these ridiculous charges onto your a/c and made it overdrawn, then your calculations are correct, if not you need to go back over them and re-calculate.

 

Phil:)

This is only my personal, honest opinion!

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HI Phill thanks for the reply. Ok so what can I do now? I have sent the letter to Abbey last week. Can I send another letter with revised charges excluding the overdraft charges? I feel like I have screwed up big time. Can anyone help?

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Hello Parkes

 

You have'nt "screwed up"! Like you say, just do another copy of the letter with a revised schedule of charges attached, and get it off to them. In your letter, tell them that the list has been revised. It won't make any difference, you will still have to send them a LBA after the Prelim, and you will still have to take them to court!!!!

 

Phil

PS. And you will still receive their bog standard, computer generated letters like the rest of us;)

This is only my personal, honest opinion!

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HI Phil thanks again. I will send the revised letter at the 14 day excluding the interest charges. The actual charges I'm claiming is £2817.50 over the six years. At one point I had an overdraft of £2000 and paid it all back in 18 months. It got that bad because of Shabbys constant charges. One month they did me for £225!! I cant wait to get it all back. Thanks again for the great advice :)

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  • 3 months later...

Hello averyone I have had to delay my claim with Abbey as I did not have the money to start court prcedings. I had got to the point where I sent them my LBA and had also been given the good will payment of £250.00. I accepted this payment as part settlement and included that wording in my LBA. It has been over 2 months since my last corospondence so can I still put my claim in to the court system or do I need to start all over again?

Thanks

Parkes

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Hi Parkes

 

You need to start your claim through the court system now as they have had long enough. read the procedures for that before you go online to make sure you get your claim wording correct. There is some info on this in the Guidance Notes on this site. Start a thread under the bank name so that we can answer your questions quickly, it also keeps the site tidy.

 

Good luck

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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  • 2 months later...

Hello all I have sent the court my AQ and heard back from them with a direction to the small claims track. The court date set is May10 I think?

I sent the A149 in on Jan 30th to the court. I remember reading something that the bank needs to respond within 14 days or I can win by default. I have only heard from the court and not Abbey so will I hear from them or do I go for the strike out by default and if so how?

Thanks

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  • 2 weeks later...

Hi all have been given notice of allocation to the small claims track (Hearing) Just trying to get all my evidence together and the case is set to be heard on May10th but all paperwork has to be at the court on Monday March 5th. I am taking a day off to sort it out tomorrow and have photo copied two lots of bank statements which I will be sorting into piles tonight :( (Joy) I have looked at the FAQ but still feel a little unsure of a few things.

1 Can I copy and paste the evidence in the FAQ as evidence?

2 Can I realistically get all the evidence in before Monday even with doing at all tonight and tomorrow as Im sure a few of you have done this.

 

Claim is for £2817

Accepted £250 GWO but continueing the claim.

 

Thanks Parkes

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Hi all have been given notice of allocation to the small claims track (Hearing) Just trying to get all my evidence together and the case is set to be heard on May10th but all paperwork has to be at the court on Monday March 5th. I am taking a day off to sort it out tomorrow and have photo copied two lots of bank statements which I will be sorting into piles tonight :( (Joy) I have looked at the FAQ but still feel a little unsure of a few things.

1 Can I copy and paste the evidence in the FAQ as evidence?

2 Can I realistically get all the evidence in before Monday even with doing at all tonight and tomorrow as Im sure a few of you have done this.

 

Claim is for £2817

Accepted £250 GWO but continueing the claim.

 

Thanks Parkes

 

No the FAQS can not be submitted as evidence. The court bundle lists the items you require. It will take some time to gather your required bundle most things can be downloaded from this site all publications/regulations are linked. You need to stick to one thread for this claim this allows us to follow it easier.

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

http://www.consumeractiongroup.co.uk/forum/statutes-library/

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  • 1 month later...

Hello all just need to know if I should have heard from Abbey by now as its been some time since I submitted all the case to the court. The hearing date is May 10th but not a sausage from Abbey?

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  • 4 weeks later...

HI everyone I have my court case on may 10th and need to know if I can get any support on the day or what I need to be doing. I dont seem to have had any replies recently and IM getting nervous. Can any Mods help?

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HI everyone I have my court case on may 10th and need to know if I can get any support on the day or what I need to be doing. I dont seem to have had any replies recently and IM getting nervous. Can any Mods help?

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Have you telephoned Abbey to see if they are aware...whats your other thread and what has gone on before?

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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I have not telephoned them. I have gone through all the normal prcedures etc. I posted for help a while ago and no one responded :( I just dont know if I have everything ready as I have done this all on my own. I submitted the 3 bundles etc and will be in Luton court on Thurday morning. Who do I call at Abbey?

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