Georgie Porgy v Abbey

[Georgie Porgy]

Hi All

 

I started writing to the Abbey in December 2006 requesting copies of all my statements. I received these at the end of December 2006. Since then i have wrote to the Abbey with the letters claiming a total of £3420.00 + interest = total £4126.07. I eventually received a letter back from them offering me £408.00 which they paid directly into my account. I then wrote back to advise that this was not acceptable and would give them 14 days to pay the full amount before involving the court. They then wrote back to say that they were looking into this. After waiting and waiting i then started court proceedings.

 

I have now had a reply from Abbey saying that they are not prepared to pay any more money as i was aware of the charges up front when the account was opened and as it was not on one or two ocassions it happening they felt that they were in the right to make the charges to my account.

 

I went to the court on and started proceedings. This was issued on 6 March 2007 and was sent out on 9 March 2007 to Abbey. They deemed this would be served on 13 March 2007. I received a letter from the Court today to confirm that the Abbey have acknowledged the service and are preparing for defence. This was acknowledged on 20 March 2007. They have til 27 March 2007 to reply.

 

I am now worried, but also looking forward to finalising everything. Will keep you posted.

 

Does anyone know what to expect next??? Has anyone got further than this??

 

Georgie Porgy.

 

Any tips would be appreciated

 

 

Hope this is in the write place. Not sure if posted in the correct place

[parklife]

Hi Georgie

I did my money claim on line last Friday as my 14 days after LBA were up. From looking through most of the Abbey cases I dont think they have ever turned up at court and normally settle in full in the last 12 hours before.Bit annoying as you have to prepare all the court bundles etc but I think you might get the costs for your time paid back for this at £9.25 per hour and claim 20 hours so you may get more money. They've got to be pretty stupid in the end getting it at court level as they have to pay out a lot more!

[Georgie Porgy]

Hi Parklife,

 

thank you for your reply.

 

i have just received a letter today from Abbey from another office requesting copies of the claim that i have previously sent to the complaints department. They say that this is to expedite my claim. They require my Account Number, Details of how i have calculated my claim by date and amount of each charge claimed and also require details of how the interest is calculated, showing how the interest is calculated by reference to each charge.

 

Do i just send them a copy of the spreadsheet that i done my original calculations on????

 

Your help is appreciated.

 

Also : not sure where i have filed my thread as i keep forgetting how to find it.:?

 

Thanks

[sparkydawg]

Did you attach a schedule of charges to your claim???. If so they should have the info. You could always send them another copy out of the kindness of your heart.

[julesvern]

Hi georgieporgy, I would just send them a schedule of charges as you have done already, as for the thread i loose mine just go looking for it, i usually find it eventually, good luck.

[sparkydawg]

oh as for your thread you can find it by clicking on the user cp at the top next to where it tells you what section you in and check your subscribed threads.

[sarah harper]

Hi, not sure if i am doing this properly but i am in exacactly the same boat as you. I have started proceeding against abbey and they have offered me £1330 half of what i am claiming. I am a little scared about going to court. If any thing else happens with you let me know!

 

Hi All

 

I started writing to the Abbey in December 2006 requesting copies of all my statements. I received these at the end of December 2006. Since then i have wrote to the Abbey with the letters claiming a total of £3420.00 + interest = total £4126.07. I eventually received a letter back from them offering me £408.00 which they paid directly into my account. I then wrote back to advise that this was not acceptable and would give them 14 days to pay the full amount before involving the court. They then wrote back to say that they were looking into this. After waiting and waiting i then started court proceedings.

 

I have now had a reply from Abbey saying that they are not prepared to pay any more money as i was aware of the charges up front when the account was opened and as it was not on one or two ocassions it happening they felt that they were in the right to make the charges to my account.

 

I went to the court on and started proceedings. This was issued on 6 March 2007 and was sent out on 9 March 2007 to Abbey. They deemed this would be served on 13 March 2007. I received a letter from the Court today to confirm that the Abbey have acknowledged the service and are preparing for defence. This was acknowledged on 20 March 2007. They have til 27 March 2007 to reply.

 

I am now worried, but also looking forward to finalising everything. Will keep you posted.

 

Does anyone know what to expect next??? Has anyone got further than this??

 

Georgie Porgy.

 

Any tips would be appreciated

 

 

Hope this is in the write place. Not sure if posted in the correct place

[Georgie Porgy]

Hi Sparkydawg

 

Thanks for the reply.

 

I did send the calculations originally, so i will just send them another copy out of goodness of my heart for them. this is probably to delay everything.

 

will keep you posted

 

Georgie Porgy

[Georgie Porgy]

Hi Julesvern

 

thanks for your reply to, i am quite new to this and getting quite worried about having to go to court.

 

i will send another form of charges to help them along with the process.

 

I will keep you all updated.

 

Georgie Porgy

[sparkydawg]

yeah no harm sending them another just claim back the postage etc for it later;) . As for timescales, the claim is per the courts times now:D

 

Best of luck

 

Sparky

[Georgie Porgy]

Hi Sarah

 

Thank you for your support.

 

I am quite new to this as well, but it is nice to know that we are not the only people in this situation.

 

The service was acknowledged on 20 March 2007 and i understand they then get another 14 days to file defence. So should hear something soon about going to court. Maybe get money back. Lets hope anyway.

[Georgie Porgy]

On another note,

 

my Husband has been claiming back monies from HSBC for £700.00 plus interest.

 

He sent only two letters to them and they replied today with a letter of Without Predjudice and they are prepared to pay £699.00 (funny figure, but not worth hassle of wait). He is accepting his offer today. :-D

 

There is hope for all of us

 

Georgie Porgy

[Karish]

Hi, Abbey will send you a copy of their defence. I recieved mine two weeks ago. You will then be sent an allocation questionnare from the courts. You need to fill this in and return it to the courts. There is a section on this site that deals with the filling in of allocation questionnaires. You should not worry about going to court as there is plenty of information to help you through the process. You may want to have a look at the sample court bundle to help allay your fears. Even though I know that Abbey probably will not turn up on the day I am preparing myself so that I can argue my case if I need to. I am quite prepared to go to court if I need to. Try and read other threads to get yourself used to the process. Good luck with your claim

[Georgie Porgy]

Hi Karish

 

Thank you for your support and kind words.

 

Where do i find out what a court bundle is???

 

Wish you luck with your claim. Let me know how it goes.

 

I will keep a watch on your thread

 

Georgie Porgy

[KnellyK]

Try clicking here

 

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

 

Hope this helps

[Georgie Porgy]

Thanks

[Karish]

Yep. Thats it. Good luck:)

[parklife]

Hi Georgie

 

Sorry for not getting back to you earlier ...I wouldnt bother sending back your calculations as they will get them from you when you submit them during the court run up. If you do send them at the moment dont include the 8% interest as this is what the courts will allocate to you...unless of course Abbey wants to pay it now which i doubt somehow.

[Georgie Porgy]

Hi

 

i have received my Defence from the Abbey today, this is what it said.

 

Can anyone confirm if this is just their standard things that they are saying???

 

What chance do you think i have????

 

:-| bit worried now

 

 

any comments would be appreciated.

 

Georgie Porgy

 

 

1. Save as is specifically admitted in this Defence, the Defendent denies each and every allegations set out in the Particulars of Claim.

 

2. It is admitted that the Claimant has a current bank account with the Defendent, account number to be particularised (the "Account").

 

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 Defendent and to which the Claimant agreed when the Claimant agreed when the Claimant opened the Account. The Defendent will refer at trial to the full Conditions but for the 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 unauthorised overdraft occurs if without our agreement you overdraw you 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 our 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. Througout the period that s/he has had the Account, the claimaint received a number of copies of the 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 seperate 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 is in breach of contract and the Claimant became liable to pay fees to the Defendent 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 viewof the facts and matters referred to in paragraphs 3, 4, 5 and 6 above, the Defendent denies that the amount of £****.**or any other, amount was unlawfully debited to the Account and the Claimant's claim for the repayment of that amount is therefore denied. The Defendent denies that the Claimant is entitled to claim interest in the sum of £706.07 or at all.

 

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

 

9. Further or in the alternative, even if the said fees are not proportionate to the Defendent's administrative expenses incurred (whch is denied), the Claimant remains liable to pay such fees as may be found to be porportionate and the Claimant is not entitled to claim repapyment 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.

[Mad Nick]

Hi, that's the bog standard defence, nothing of any concern whatever. Your chances - exceedingly good. Concentrate on your AQ and read into what a Court bundle is just like Karish said. Abbey usually settle when they've got your bundle.

So, next steps :

• return your AQ (which you'll be sent by the Court with the official copy of Abbey's defence)
  
• wait (possibly several weeks) for the Court to issue Notice of Track Allocation which will include the Judge's Directions and a court date.
  
• The Directions usually require you to submit your Court bundle no later than 14 days prior to the Court date.

Any questions along the way, just post. Regards, Mad Nick

[Karish]

Nick is absoutely right its their standard letter. Good luck with your claim.

 

Karish

[carolinelise]

Hi

I have recieved my defence letter today, but my section 10 is different, can somebdy just confirm this is standard when you have claimed interest?

 

10. The Defendent denies that the claimant is entitled to interest in the sum of £627, or any other amount.

 

The number 10 quoted above is number 11 in my letter.

 

So i presume this is normal?

[mariejader]

Carolinelise it's the same as mine, look at post 37

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/70029-mariejader-abbey-2.html

 

It may be an idea now to start your own topic and how you are getting on

[Georgie Porgy]

Hi everyone.

 

Thank you all for you reassurance for this.

 

I started getting a little worried again.

 

Wish you all luck with your claims and i will keep you up to date as and when it happens.

 

Thanks again

 

Georgie Porgyxx:cool:

[Georgie Porgy]

Hi All

 

i have now received my AQ questionnaire and am not sure what to use in Section G. Should i use Standard Disclosure or not???? If someone can advise me as i would like to get this in the post tomorrow.

 

Thanks again everyone

 

Georgie Porgy

 

:confused: