Mazamarie vs Abbey

[mazamarie]

Hi All,

Thanks spoonerlee, lula & charley...

this is my letter I would like to send in response to the letter I received today - any suggestions or changes you think I should make please let me know... Maz

Response to Gesture of Goodwill.

 

Dear Gerry Kane

 

Thank you for your letter dated 20th March 2007.

My total claim amount was £779.00 in charges this is now reduced to £729.00 a reduction of £50.00 in reflection of the gesture of goodwill payment which was credited to my account in the form of two separate payments of £20.00 and £30.00 in miscellaneous charges.

I have revised my schedule of charges and a copy is enclosed with this letter which I am also sending via first class recorded/signed for delivery.

My Letter Before Action was sent via first class recorded delivery on Tuesday 13th March 2004 in which I gave your organisation 14 days to respond with a full settlement of my claim. You now have until Tuesday 27th March to respond with repayment of my claim in full.

If I do not receive full settlement by Tuesday 27th I will have no alternative but to issue a claim via the county courts small claims procedure. The Court will allow me to reclaim interest at a statutory rate of 8% from the date each charge was incurred plus court fees and also I could charge for my time in preparation of my claim.

I fail to understand how your organisation or any banks can expect to continue getting away with the unlawful practice of applying excessive penalty charges to their customers accounts, and I will be very pleased when this practice is ruled out by law.

I trust this clarifies my position.

 

Yours faithfully

 

[mazamarie]

Hi all!

I updated and reworded slightly my letter above and have sent it via first class recorded delivery today....

Had no response to letter above so I hope that everyone will think it is ok!

maz - - revised letter below

Response to Gesture of Goodwill.

 

Dear Gerry Kane

 

Thank you for your letter dated 20th March 2007.

My total claim amount was £779.00 in charges this is now reduced to £729.00 a reduction of £50.00 in reflection of the gesture of goodwill payment which was credited to my account in the form of two separate payments of £20.00 and £30.00 on 21st March 2007 as miscellaneous fee refunds.

I have revised my schedule of charges and copy is enclosed with this letter.

My Letter Before Action was sent via first class recorded delivery on Tuesday 13th March 2004 in which I gave your organisation 14 days to respond with a full settlement of my claim. You now have until Tuesday 27th March to respond with repayment of my claim in full.

If I do not receive full settlement by Tuesday 27th I will have no alternative but to issue a claim with the County Court.

I will point out for your benefit that I am fully aware of my rights. The Courts do allow individuals to claim back bank penalty charges in full and any interest charged as a result of charges taking them over their credit limit. Also if a claim is taken to court Statutory Interest at the rate of 8% from the date each charge was incurred plus court fees and up to £9.26 per hour for time taken in preparation the claim are also claimable.

I trust this clarifies my position.

 

Yours faithfully

 

[mazamarie]

I have posted a letter which I have fully printed out and signed - its on my thread Mazamarie vs Abbey...

 

Please could some of you very experienced and helpfull people give it a look over and let me know Should I post today as it is or would you recommend some changes?

 

Also Im currently £450 overdrawn with a £700 overdraft limit - should I be getting this overdraft paid off sharpish?

 

Any help greatfully received!!

 

Maz

[Guest louis wu]

post a link to to your thread and I will have a look

 

Louis

[mazamarie]

HI Louis,

 

How do I post a link (doh:confused: )

 

My thread is still up on first page on Abbey forum..

 

Can you help?

 

maz

[mazamarie]

Hi Louis/All

 

Here's a link - hope it works I need to go out in minutes to post and to pick up sons xbox 360 which just had to be repaired before shop shuts

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/76038-mazamarie-abbey.html

 

maz

[Guest louis wu]

It looks ok, but I am unsure if you should include the 'costs' of £9.25. As your claim is in the small claims court, you are not automatically awarded costs (as you would not be liable for abbeys costs if they contested).

 

Apart from that, it looks fine.

 

Louis

[mazamarie]

Hi all - I'm still waiting for a bit of help!

 

I Have the letter here! with the registered post stickers etc - I am waiting to post it because I want to make sure that I am not saying anything wrong in my letter..

 

I have been pretty daring in what I have said and I am now unsure of myself...

 

I hope someone replies to my thread http://www.consumeractiongroup.co.uk/forum/abbey-bank/76038-mazamarie-abbey.html today/tommorow before 11:00 am otherwise it will be in the post and it will be too late..

 

Pllleeeeese Help

 

maz

[kippy2]

why have you started another thread?. the last paragraph i personally wouldnt put. dont make it complicated, just send the tried and trusted rejection letter off. thousands before you have been using this.

[mazamarie]

Hi again - - think I'm talking to myself here

 

Now I have sent letter but ommitted the last sentence

 

Also if a claim is taken to court Statutory Interest at the rate of 8% from the date each charge was incurred plus court fees and up to £9.26 per hour for time taken in preparation the claim are also claimable.

 

Now I feel much better about the letter, not that it will make any difference but at least I said it...

 

I'm getting nervous now --- got to get my N1 sorted by Tuesday 27th.

 

The template looks really good but I'm a bit confused? do I need to go to court and pick up the N1 form itself or can I find it online i.e. HM Courts website?

 

maz

[blueskies]

I have merged 4 threads into one.

 

Please keep all questions in this thread. If noone answers and the thread falls down the front page of the forum then post 'bump' into it and it will return to the top of the page.

 

Keeping all posts in one thread helps us to keep track of your case and helps you as you won't need to keep repeating the same questions.

[bp]

Hi there, the letter is OK. The 8% applies at the stage where you take your claim to court after the 14days in LBA run out. As to payment of costs, as said before this is not automatically awarded. it would be at the discretion of the court and would be on the basis that Abbey have acted unreasonable by allowing the case to go so far when your claim is the same as thousands and that Abbey has been able to settle other cases with costs aso your claim would not be any different.

 

You can claim costs and time spent at a much later stage after AQ and a court hearing date has been given along with directions from the judged. You claim for the time spent doing a court bundle. As i've read somewhere, Abbey (inga) has admitted that the average court bundle takes around 20hrs.

 

Hope this helps

[mazamarie]

Bump

[mazamarie]

Help please - you lovely people!!!

 

I'm now filling out my PDF N1 to take to court tommorow as today Tuesday 27th is my deadline for reply to LBA:-

 

When I fill out the bit at the bottom of the 1st page of the PDF N1 form????

 

In the blue bit where there are the boxes for amounts should I put the amount of the claim including statutory interest at 8% and add court fees to give a total amount to date at the bottom??? or should I just put the charges not including statutory interest???

 

I think I should include the statutory interest 8% in the Amount Claimed..... Just double checking...

 

As I said I'm actually filling the form in right now as I write so a quick answer will be really helpful

 

Iv'e swapped days at work especially to do this....and I'm a bit unnerved..

 

Is there a checklist to ensure that I send everything I need with the 3 x copies of N1?

 

maz

[mazamarie]

Bump

 

from particulars of claim N1:

 

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £729.00 and any interest charged thereon;

 

I take it this means the basic amount without any interest added....

 

thats why I'm confused about filling in the bit at the bottom of the N1...please TAKE A LOOK at my previous thread...

 

Im really quite nervous now - filling in the N1 and I won't submit it until I know I've done everything right...

 

maz

[mazamarie]

"bump"

 

Hellooo!

 

bump, bump, bump

 

Anyone out there?

 

bumpety bump

 

Help I've fallen down a hole!

 

Everyone seems to be ignoring me and my "daft?" question/s...

 

I just want to make sure I've filled my N1 in right thats all - then I can take it to court tommorow!

 

Please look at last couple of posts on my thread

 

maz

[mazamarie]

Thanks Karnevil

 

Your da man - wow I did it right!

 

Just one more question - in the spreadsheet including interest at 8% which I'll sending with the N1 (in triplicate)

 

How do I deduct refunds...

 

wont refunds affect the interest for the charges they should be applied to... (Ive not applied them to specific carges and just gave the date and description of what they were for as given on the statements.

 

I have put the refunds at the bottom of the list as -(minus amounts) before the amounts are added up but removed the interest calculation... how does that sound?

 

Sorry to be a pain but just don't want to get anything wrong when submitting to court...

 

maz

[mazamarie]

A1 - Tripple Star advice as usual Karnevil!

 

Just off back into my spreadsheet to undo the damage, then all should be well for tommorow when I submit to court!

 

I'm nervous and excited now!

 

maz

[kidneybeaner]

Good luck Maz:D

[Leecabs]

You go Maz, hope everything goes smoothly

[KnellyK]

Good Luck Mazamarie! I'm going to fill in my N1 on Thursday Night and I'm taking it to court on Friday - I'll be a couple of days behind you so we'll be able to compare notes along the way!

[mazamarie]

Hi all,

 

Thanks for all the best wishes, Burnley County Court now have my 3 x copies of the N1 and schedule of charges I have receipt for £80.00 court fees and off we go...that felt so good!

 

Big up to leecabs, kidneybeaner, knellyk, fendy and everyone else who's on the

 

I even told the courts clerk what I thought about the banks and their charges and she was in full agreement and said that the courts were getting a high volume of claims for penalty charges!

 

So a waiting game and then . .

 

From what I gather - this is whats happening next - - -

 

Abbey now have 28 days to respond with a defence or settle, or they loose by default - - - If they respond with a defence the case will then proceed to Allocation? Then the court send me an allocation questionnaire to fill in? and I will need to prepare the court bundle (all letters, statements etc)...

 

If Abbey contact the court at the last minute they can have another 28 days to prepare their defence? Is that right?

 

When Abbey write to me regarding their defense I can then contact them offering to take settlement in full out of court (including court fee?)?

 

I'm off to do a bit more reading up just so I can feel a little more confident as to how it goes from here....

 

Maz

[newbody]

No abbey will have 14 days from date papers(n1) deemed served which will prob be friday to state if they wish to defend or not

 

if they defend they then have 28 days from date the N1 was deemed servered

 

if they do not respond with in the 14 days you Supposedly win by default and can apply for judgement

 

it will be come clearer when you get copy from court saying your n1 is deemed servered

 

the info in regards defense or claim for judgement is on it

[mazamarie]

OOOOH Newbody - Thats Friday the 13th April !!! - lol

 

I'll bump and let you guys know when they let me know re defending the claim...

 

I dont understand why they bother defending at all when in the end they give in before court what a waste of their time and resources - wonder how much they pay their legal team....?

 

When I think of what they did to us fining me £350 in one week just before Christmas 2005 - I still get really angry I will think about that any time I feel nervous or worried re whats to come..

 

Maz

[kidneybeaner]

That's exactly why alot of us are doing this Maz, coz it's made us really angry...... I recall the exact same thing happening around Christmas time - being really hard up for cash and then getting about £300 in bank charges as an extra Chrissy Prezzie.

 

Now is the time to wreak our revenge!

 

Good luck dooder!