Akaysha V Abbey

[Michael Browne]

This is a figure that equals the amount of interest at 8% on your claim that is added on a daily basis between the date that you file and the date the claim is settled and is calculated thus:

 

Charges claimed times 8% divided by 365 (or charges times 0.022)

 

Example: £475 times 8% = £38 divided by 365 = £0.10p

£475 times 0.022=£0.10

[Michael Browne]

Sorry, just noticed I put 0.0022 in previous posts. Should be 0.022

[Akaysha]

Told you i was thick right my charges are £2914 the interest they charged me is £209.36, and on the spreadsheet the total figure without the (£209.36) is £3755.12 so how do i work it out or can someone please help me by working it out.

 

Running out of time on this as i have to file the claim tomorrow.

[Michael Browne]

£3123.36 x 0.022 = £0.69p

[Akaysha]

also do i need a solicitor?

[Akaysha]

so where does the figure on the spreadsheet come into everything?

[Michael Browne]

Claimant has account (A/C No) with Defendant from (Date of opening a/c)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of first charge) to (Date you submit claim) of (£0.00)The 8% figure from the spreadsheet goes hereand also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p This is the amount you're claiming multiplied by 0.0022).

It's extremely unlikely you'll end up in court,so you don't need a sloicitor

[Lula]

It's extremely unlikely you'll end up in court,so you don't need a sloicitor

 

also, there is a wealth of knowledge, experience and help on these boards and it is for free, but it would be nice, once you have your money back, if you could dontate an amount to help keep the site going to help other people

[Akaysha]

Ok claim has just been filed, i really really hope this doesn't go to court because i am so dumb i wouldn't know what to do or say etc.

[Akaysha]

Looks like Abbey are starting to fight dirty, i have came home today to find a letter from them stating that they will not be renewing my overdraft facility and that i have to make sure my account is in limit by the expiry date. Which is fine if they pay me the money i am claiming for otherwise i'm in the doghouse.

[Akaysha]

Have received the following letter from Abbeys solicitors, seems they want to go to court. Can someone please advise me on how to respond to this letter.

 

Dear xxxxx

 

We act for Abbey National plc in the matter of claim no. xxxxx. Please note that any further correspondence should be addressed to us at this office.

 

We are in the process of reviewing this claim and preparing the Banks response. A defence will be filed in due course.

 

In the meantime, we note that you have claimed the sum of £2914.00. in respect of charges that you say have been made on your Abbey account, but have provided no details how this sum has been calculated. You have also claimed a further £814.12 by way of interest, but again have provided no details of how this sum has been calculated.

 

As you will appreciate, you will need to produce evidence to the Court of both amounts and this information should have been supplied by you when you filed your claim. We should be grateful if you would provide such details to us as soon as possible.

 

We should add that if you have any doubts or concerns regarding your legal position, you should consult a solicitor or Citizen's Advice Bureau.

 

Yours faithfully

 

DLA PIPER RUDNICK GRAY CARY UK LLP

[Akaysha]

Hiya,

Doing good so far Standard response to the claim so dont worry....

 

Print off your spreadsheet which you typed all your charges into to help work out your 8% ..... and send that to them with a covering letter.

 

 

Could someone please give me a basic draft of a covering letter please, as i have said so many times, i truly am incapable of things like this and i am terrified of going to court and bumbling it up.

[Akaysha]

I have just went to print off spreadsheet and the figure is no longer £814.12 it is now over £850, will this still be ok to send?

[Akaysha]

mods help please

[whufc]

Hi,

 

Send it to the folowing address!!

 

Abbey National plc

2 Triton Square

Regents Place

London

NW1 3AN

FAO The Data Controller

 

All the best

 

WHUFC

[Akaysha]

Thanks karnevil, i am so incapable in this type of stuff.

[Akaysha]

No you are not - you're a lot further on than many people...

 

hows your schedules of charges looking now - is it tallying with your original claim ?

 

schedule of charges is that the spreadsheet? If so then there is about a £30 - £35 difference from when claim was initiated.

[Akaysha]

The original claim figure is still the same of £2914 but the interest has grown from £814.12 to £850.73

[barracad]

Load the spreadsheet, change the date on your system clock to the date you started your claim, go back to the spreadsheet, press 'F9' and the charges should then match what you have on the claim form - you can then print the spreadsheet.

 

Don't forget to change the date back after!

[barracad]

Actually, thinking about this further, you've said the interest will accrue at a daily rate, so there is no need to amend it.

 

Print it as it is now and that will show it up-to-date including the accrued daily interest.

[tom2005]

Akaysha your doiing brilliant! am following your thread as you are a few days further than me, hope you dont mind. best of luck with it x tom

[Akaysha]

I am so screwed if they go to court because i don't have a clue and thats even after reading all the files and stories.

[Akaysha]

Have received an offer from Abbeys solicitors and a copy of their defence, can someon read through their defence and let me know what to do please.

 

DEFENCE

 

1. Save as is specifically in this defence, the defendant denies each and every allegation set out in the particulars of claim.

 

2. It is admitted that the claimant has a current bank account with the defendant numbered xxxxxxx.

 

3. At all times the account has been subject to the applicable terms and conditions ("Conditions"), which form part of the contract between the claimant and the defendant and to which the claimant agreed when he opened the account. The defendant will refer at trial to the full conditions but for purposes of this defence will refer to the following extracts:

 

(1) "You can apply for an overdraft on your account. If we give you an overdraft we will tell you your limit and the interest rate applicable".

 

(2) "An authorised overdraft occurs if without our agreement you overdraw your account or exceed the limit of an overdraft which we have agreed."

 

(3) "If you have an unauthorised overdraft, you will be charged fees as set in our tariff of charges or specified to you and these may include fees for transactions we are unable to process due to lack of available funds in your account."

 

 

4. Throughout the period that he has had the account, the claimant received a number of copies of conditions and of the said tariff of charges as they were amended and updated (though there has been no material amendment to the conditions extracted in paragraphs 3(1), (2) and (3) above.

 

5. Any overdraft facility on the account was (and is) subject to the conditions.

 

6. The claimant has overdrawn or exceeded authorised overdraft limits on the account on a number of separate occasions, full details of which will be provided on disclosure. Therefore by virtue of the conditions referred to in paragraph 3 above such overdrawing was unauthorised and in breach of contract and the claimant became liable to pay fees to the defendant in accordance with its tariff of charges applicable at the relevant time. In accordance with the conditions, such fees were debited to the account.

 

7. In view of the facts and matters referred to in paragraphs 3, 4, 5 and 6 above, the defenant denies that the amount £2914.00 or any amount was unlawfully debited to the account and the claimant's claim for the repayment of that amount is therefore denied.

 

8. The claimant's contention that the said fees are enforceable and/or are "penalty charges" is denied. The fees reflect and are proportionate to the defendants administrative expenses incurred due to the claimants breach of contract and are a genuine pre-estimate of the damage suffered by the defendant.

 

9. Further or in the alternative, even if the said fees are not proportionate to the defendants administrative expenses incurred (which is denied), the claimant remains liable to pay such fees as may be found to be proportionate and the claimant is not entitled to claim repayment of the full amount of each charge made to the account.

 

10. No admissions are made as to the amounts claimed by the claimant and the claimant is put to strict proof of the same.

 

End of Defence

 

The offer is for 50% charges £1457.00, interest £407.06, court fee £120.00 = total of £1984.06

[Akaysha]

Ok haven't changed it, but just want to check i've got it right.

 

 

 

Dear Sirs,

 

Thank you for your letter dated the 4th August with the offer on behalf of your clients Abbey National Plc for a 50% of my claim, this I refuse to accept as in all my correspondence I have stipulated a full unconditional refund.

 

I would also draw you attention that the interest as laid down by the county courts act is accruing on a daily basis of £0.83. This will continue until all monies are paid into my account .I am prepared to deem this as the day of settlement, it would therefore be in your clients best interest to come to a full unconditional settlement sooner rather then later.

 

Please be aware that I will not withdraw my claim until monies are paid into my account.

 

 

Yours faithfully

[Akaysha]

erm what are aq's?