Been to Court Today!

[Notty]

I have read the info in the FAQ with regard to business accounts. I am not a limited company so would I just send the preliminary Approach letter as you would for a normal account followed in 14 days by the Sample letter to Bank, business version? I am not sure if I would need both letters?

[NeilP]

I think that one of the reasons for sending two letters to your bank is that you are supplying them with more than ample opportunity to sort out your query prior to taking legal action.

 

Imo, it cannot do any harm to send them the two letters, so i would proceed with the prelim letter and see which version of their initial fob off letter you get!

 

Good Luck

 

Neil.

[jonni2bad]

Yes, you need to show a court that you have allowed ample opportunity to resolve the issue, and this is typically seen as a calendar month.

 

Two letters at 14 days each amount to the same thing.

 

Good luck

[Notty]

Thank you for the information.

 

Would any of the wording have to be changed on the first letter. It does say about the consumer act? Is it different for a business account?

[Notty]

Anyone else sent the first letter in the library and the second business before action. If so did you change the first letter? Also heard rumblings about Abbey changing t&c on accounts by the 20th May. Any ideas?

[andrew1]

I noticed that new t & c's too but haven't seen what it is yet perhaps we can get that through the Abbey thread once they put it into our new statements. As for Business Accounts, I have written to my bank ( Ltd Co a\c) and used the basics of the letter on the library but I don't want to faff up my relationship with them quite yet. It's easy enough to change banks with personal accounts I think but business is a different thing - people do it all the time but we had an active account with lots of staff ( temp agency) and changing banks is a nightmare. However, back to the point, I wrote telling them what I was doing in claiming my charges back, and asked them, as we have a good working relationship that I don't want that relationship tarnished, but if they had taken charges unlawfully they ought to do the honourable thing and give them back. Mine was just the automatic £10 per day racking up for going over the nil balance overdraft limit. Doesn't sound much but when money doesn't come for two weeks thats £140 quid! First response was from Customer services - naff off! So I have written back again in a little more precise wording telling them that whilst I understand the charges are unlawful if they want to do it the hard way I have the support of 18000 people and some pretty convincing back-up and I'll take them all the way if I have to so please reconsider your position and save us all a lot of time!

I haven't heard yet but I'll come back and let you know.

Having tried the softly softly approach - 'why fight when we can talk' if it doesn't work then I'll take the formal line and start using the letter of the law and the library letters and changes thereto above. I won't give up, this site and the lads behind it have fired me and 17999 others up!.

[Notty]

Thanks for all your replies.

 

I have used the preliminary letter for repalyment from the library but omitted the 'recent Consumer regulations' Does that seem okay?

[Notty]

I am going to send my first letter to Abbey to ask them to refund the charges of £800. I was also going to include a copy of a direct debit that I had cancelled (3 days prior) and which they still tried to pay and then bounce, then charged me £30 for the pleasure. I also have instances when I have paid cash into the Abbey business account and the they have still bounced a direct debit, or cheque with the money being and showing it is in the account because they say it takes two days to reach my account. Do you think I should put the above in my first letter or just keep it simple and ask for the charges back?

[Notty]

I havent got round to sending Abbey my preliminary letter yet as I have been dealing with my Halifax account. I have just printed off my first letter but (sorry) I am still confused if this is the correct one to send. The one in the library for business accounts says LETTER BEFORE ACTION so there is actually no preliminary letter. Should I just send the business letter and then send the same one two weeks later?

[Notty]

I have sent my preliminary letter - no reply from Abbey. Sent my LBA and received the usual reply that they would deal with it within the next 4 weeks. I then had a letter from them this morning offering me one charge back! I will start the county court claim next week when the 14 days are up. When I fill in the court forms (will take them in as with my Halifax claim) do I change anything on the form as this is a business account. I have added t/a on all letters sent to the Abbey. I know the business LBA is slightly different and wondered if it would be the case for the court form

[Notty]

I have just filled in my claim. Would someone look at it for me to make sure I havent made a pigs ear of it! I have taken out the 1999 bit as you said but wondered if you would mind taking a quick look.

 

1. The Claimant has accounts - with the Defendant which was opened on

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.

 

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 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 actual loss, but instead unduly enrich the Defendant which excercises 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 Common Law and contrary to Statue.

 

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of and any interest charges 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.

[jonni2bad]

If that's basically taken from the Templates Library, then it will be fine

[Notty]

Just filled in my claim and wanted to ask a couple of questions before I send it. The address most people use on the small claims form seems to be Milton Keynes but on my last letter from them it is their Glasgow address.

 

Should I put the Glasgow address on as the address for the papers to be served?

 

Also I did not have an overdraft with my business account but each time they have put charges on my account for a failed direct debit or insufficent funds they have also charged me £15 for unauthorised overdraft fee.

 

Is it okay to claim the 14 x £15 overdraft charge back on my schedule of charges claim form? Only I have noticed on some threads it saying not to claim for overdraft charges but wondered if that meant if you actually had the overdraft facility which I didn't.

 

Appreciate any help.

[jonni2bad]

If you can show that overdraft interest was caused solely by charges imposed, then certainly reclaim it.

 

Stick with the address previously used.

[Notty]

I submitted a claim to the court on the 18th August and received a letter back from them to say it had been served to Abbey on the 22nd August and they had until 5th September to enter a defence. They didnt and today I have sent back the request for jugement. Now reading threads that if Abbey do not acknowledge the claim they normally ask for a set a side. Is that what appears to be happening? If it is what is the best way forward? Any help would be appreciated. Bugger them I thought it was cut and dried when they didnt enter a defence!

[jonni2bad]

The best thing to do is wait and see what happens next - there's no point in trying to base your next move on what might happen...

[Notty]

Thanks for your reply. It does seem odd that I havent heard anything yet, dont you think? I sent back the judgement form on Tuesday. When I do eventually hear from them will it be the court who will let me know what's happening?

[jonni2bad]

It should be, yes. No harm in phoning them though.

[Notty]

Hi

 

I rang the court this morning. Apparently Abbey acknowledged the claim to the court on the 5th Sept (their 14 day deadline) as I sent in the judgement on the 6th September. I will get the acknowledgement tomorrow and then Abbey have until the 19th Sept to enter a defence? Apparently if they enter the defence around the same time as I enter a second judgement it could go the the judge to decide? How confusing it that? They may of course just enter a defence and I will have to fill in the Allocation form. Does that sound about right? A bit confusing this one!

[jonni2bad]

That's it roughly. Timescales sound like they are fixed, when in fact they are not. A judge would probably consider allowing a late defence to stand, as in my case.

 

The over-riding principal being that justice is given a chance...

[Notty]

I have just received a letter (15th Sept) from Abbey and they have issued me with a default notice. I havent heard anything from them or the court since I sent back my judgement form, and I spoke to the court lady who said they have acknowledged the claim but nothing - what on earth do I do know- PANIC!

[jonni2bad]

Presuming that you don't have the money available to setle this now, you'll need to write to them (copy to their legal team) and make it perfectly clear that the debt value is formally disputed and that you are currntly persuing this matter through the courts.

 

Also make it clear that if they then proceed with this default that you will immediately bring it to the attention of the district judge handling your current claim etc etc.

[Notty]

Thanks everso much for your reply but I'm a bit confused about the "settling the amount now"? When I was claiming bank charges from the Halifax someone told me not to pay anything to them because it was in dispute?

 

Also the 28 days are up on Tuesday but if I have not received the acknowledgement from the court how do I apply for judgement?

[Notty]

Thanks for your reply. I got the acknowledgement this morning in the postform the court. So if they do not put in a defence by Tuesday I can resend the judgement form. The only other thing is as my previous email yesterday they sent me a default notice. I have followed Jonni2bad's advice and sent them a letter saying the debt is in dispute but my concern is if I send back the judgement on Tuesday and then I find they have actually defaulted me where would I stand? Your help as always is much appreciated.

 

ps I had my 4th letter this morning from Abbey saying they are looking into the matter but it will take up to 6 weeks to sort it out, plus the default yesterday!!

[Notty]

The claim was issued on the 17th August, served on the 22nd August. The defendant had until the 5th Sept to reply. Nothing on the 5th September. Sent in the judgment. Rang the court a few days later as I hadnt heard anything they said that Abbey had acknowledged the claim on the 5th Sept so they were in time. The court duly sent back my judgment form. Abbey had until the 19th Sept to defend. Today I received the acknowledgement from the court saying Abbey acknowledged service on the 6th Sept (that was a day late) and they have 28 days to defend which takes it to the 20th Sept (today). I rang the court and she said I could now send in my request for judgment but if they are taking it that Abbey acknowledged on the 6th Septmeber they have until 4.00pm today to defend? In actual fact it should be 4.00pm yesterday. Should I send in the request for judgment and see what happens. I am a bit annoyed cause I surely didnt have to wait the extra 14 days did I if they were late? Would some kind soul put me out of my misery and tell me what the heck is going on! Do the times actually mean anything?