C-M v Abbey

[c-m]

Hi, I've been reading around the forum for a while now and quietly going about claim back £799 pounds in charges from Abbey.

 

So far I haven't had any problems along the way. I have sent them a request for the charges to be refunded, to which I got a standard reply. I then after the 14 days sent the Letter Before Action. The 14 days on my LBA letter has now expired and I have already prepared but not handed in my N1 form.

 

Today I received a bunch of mail from my parents house. Two of the letters were from Abbey. One states they are sorry it is taking so long to look into my complaint and ask me to wait 4 weeks, the other offers as a guesture of good will £370. The letter also states that the OFT announcement was only in relation to Credit Card default charges, not overdraft default charges.

 

They still decline to provide me with their costs.

 

I don't currently have my Abbey bank card so can't check to see if the money is in the account. Even then I don't want to touch it, I want the full £799. But if i'm desperate for some cash would it be ok to use some of that refund?

 

Can anyone tell what are my next steps?

[PKea]

You wil have to write to them stating that you will only accept the money as part payment and that you will be persuing for the rest....at which point they will withdraw their offer.

So the answer would be that you cant use the money, as it could be seen that you have accepted their offer. Also if the money has only been offered it wont be in your account till you accept.

[bp]

have a look in here you don't have to refuse the whole amount you can accept it as part payment and persue them for the rest.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

[c-m]

thanks, My situation is not covered by any of the letters in that link.

 

The letter I received from Abbey is not a Final Settlement offer, Its not even a settlement offer.

 

"...I'm sorry you are unhappy with the charges and I understand you would like these refunded. Although the charges were correct, as a gesture of goodwill, I am happy to refund £370. Your account will be updated within the next 10 working days."

 

That letter was dated 27th February.

 

 

Nowhere in the letter does it mention any sort settlement, or offer.

 

The full amount including interest I am seeking is pushing £960, so £370 isn't really good enough.

 

Where do i go from here?

[PKea]

You wil have to write to them stating that you will only accept the money as part payment and that you will be persuing for the rest....at which point they will withdraw their offer.

So the answer would be that you cant use the money, as it could be seen that you have accepted their offer. Also if the money has only been offered it wont be in your account till you accept.

 

YOu have to inform them that you are still pusueing the difference

[Guest louis wu]

C-M

 

If the money goes into your account, then just consider it for what it is....part settlement.

 

As Pkea says, write to Abbey explaining you consider this part payment, and the rest is still disputed and you will continue with your claim.

 

When it comes to adjusting your claim, just look at the latest charges that Abbey have put on your account and delete them. This way, your new total will reflect the part settlement, also, by clearing the 'newest' charges, the earliest charges with the biggest interest amounts still count. Submit your N1 form as and when you are ready, but obviously adjust it to the 'new' amount.

 

I havn't explained it very well, but I hope you get the idea.

 

 

Hope this helps

 

Louis

[charleyfarley]

Hi c-m,

 

I had exactly the same letter with a GOGW payment, so I just amended the letter, told them I was continuing with the claim, and took the money. Just need to amend your figures when it comes to N1 time and show a partial refund.

[c-m]

Cheers for the advice, think i've got it now.

 

Though i had already printed my N1, doh!

 

I'll keep you all informed.

[c-m]

Abbey still have a day or two to respond to my rejection of their GOGW. However in the meantime I received a letter from Equidebt sating I owe £1560.71 (my Abbey overdraft minus the GOGW). Apprently I have to pay by 23rd March.

 

In a letter Abbey sent to me they told me that it is unlikely they entered a default notice against me, I take it from this they will have.

 

They have untill the 26th before I file my N1 form.

 

Meanwhile what should i do about Equidebt?

[Guest louis wu]

Send them letter N

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

 

then if the telephone tell them to conduct all correspondence in writing only and do not discuss anything with them. If the persist send this

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

 

 

You need to change your N1 again I'm afraid, to include removal of the default. The argument being that the charges are the reason for the default, have a look here

 

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/20095-glenn-abbey-3.html

 

post 47 page 3.

 

 

obviously, you need to understand what your doing with this point, but I see no reason why you will have any problems with it.

 

 

Best of luck

 

Louis

[c-m]

Firstly thank you very much for your advice. I will be sure to add in the removal of the default on my N1 when I submit it to the court.

In terms of the Debt collection agency, I am unsure how sending Letter N - Ask your creditor for a copy of your credit agreement, applies or helps in this situation. Is this just a stall tactic untill I can submit the N1?

 

 

 

[Guest louis wu]

Basically yes, it gets them off your back....just one less distraction.

 

Its what I would do, because the DCA will hound you and will try to bully/intimidate you into things. The have no scruples or morals and this 'tactic' should get them out of your hair for a while

 

Louis

[c-m]

Just waiting to receive a letter to say i'm on benefit (as i've been out of work a month now), then I plan on handing in the following N1.

 

 

Money claim for return of penalty charges applied to the Claimants bank account by the Defendant

 

 

Charges £799.00

Overdraft Interest £39.73

Interest under s.69 County Courts Act 1984 £155.40

Court Fee £

 

TOTAL £ 994.13

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £1.85 per day OR at such rate and for such periods as the court deems just.

 

 

 

 

PARTICULARS OF CLAIM

 

 

1. The Claimant has an account 000000000000 ("the Account") with the Defendant which was opened on or around 01/09/01.

 

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant. The claimant has asked the bank to refund their charges or offer proof that they are true pre-estimate. The bank has declined to do so.

 

 

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) Para.8 and sch.2(1)(e)), the Unfair Contract Terms Act 1977 and at common law. The precedent for this was

Dunlop Pneumatic v New Garage [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £838.73 and any interest charged thereon;

 

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

Date:

.

 

Since Abbey have taken off £370 as a GOGW I guess i need to remove this amount from the total. My court costs should be free so I'll change that too. They have entered a default against my name, so I will have to include that.

 

Any comments or critisism?

[bp]

hi, you've the right ideal there just remove the part about court fees as the court will ask for that directly from the defendant as you are exempt. Also, since you will have amended the GOGW from your spreadsheet, just put the total of charges in your particulars of claim as is on the spreadsheet (hope that makes sense!)

 

best of luck

[c-m]

I amended my N1 and filed it the Thursday before Easter.

 

I also sent letter N to the debit collection agency. They replied with a letter thanking me for my communication and as requested they confirm the amount owed is £xxxx. They then sent me another letter requesting money.

 

I called them this morning and explained that I am yet to receive a copy of my credit agreement as requested and they told me to phone Abbey. They also said that while i'm on the phone to Abbey to tell them to tell the DCA of the impending court case/desputed amount.

[c-m]

received notification of my claim through the post this morning.

 

Unfortunately i have noticed that on my schedule of charges i am claiming £607.09 after taking off the £370 GOGW, but the value on the N1 form is £607.90 will that 81pence effect my claim at all?

[Michael Browne]

No, it's such a minor discrepancy, it won't matter

[c-m]

Regarding the debt collection agency, Despite telling them that the matter was with the courts, I have recenty received a letter from Heatons LLP, informing me that they are planing a Doorstep Collection. This would be at my parents addres, since I use that for correspondance with Abbey, I live over 170miles away.

 

Abbey have filed a defence to my claim and I have been presented with the allocation questionnaire. I am confused about section G and a Draft Order for Directions. I have read the examples in the library, but i'm not sure what I should really include?

[Guest louis wu]

I have recenty received a letter from Heatons LLP, informing me that they are planing a Doorstep Collection.

 

Probably just a scare tactic, but if they do show up, you do not have to answer the door, talk to them, and especially let them in.

 

Louis

[c-m]

I found the thread on abuse orders in the library http://www.consumeractiongroup.co.uk/forum/abbey-bank/87766-abbey-abuse-orders-keeping.html

 

Is it worth adding this to section G of my allocation questionnaire?

[Guest louis wu]

I have just added it to my AQ. It doesn't look like it will cause any extra work, and I think it will speed up your offer.

 

Its up to you, but it is being used quite widely now.

 

Louis

[c-m]

Cool, well I handed it all in about a week ago. So its just a waiting game now.

 

In the meantime I have recieved yet another letter from a different set of debt collectors working for Abbey. They are threatening a doorstep collection at my parents house (where my Abbey mail goes).

 

Should I respond to these letters at all? I had once already told them that the amount it in dispute, but they said they need Abbey to tell them that.

[Lula]

Just tell them that the amount is in dispute (Quote your claim reference number) and tell them that any attempt at collection whilst in formal dispute is breaking the banking code (I am pretty sure that this is right - just cant find the relevant bits at the moment, i will have a scoot around and come back)

[c-m]

Hi again. I sent in my allocation questionnaire some time ago. Only recently did hear back. The judge has ordered a 5minute hearing on 7th August, "to see if the Defendant has any change of winning"

 

Basically what do i need to do now, other than just turn up at the hearing?

[Guest louis wu]

You should find this useful

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

louis