Jump to content


JOY vs ABBEY


2gr82btrue
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5270 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have asked for charges totalling 745.00 over 6 years and abbey put in a defence. I have been recently told I have miscalculated the interest owing as at the time of the small claims application believed the interest to be 8% of the total amount totalling £59.60. but now I've been told its 8% a year and this amount is incorrect which means I've asked the court to send me papers for permission to alter but I have no idea on how to work it out ........ anyone out there that can help. plus am I entitled to interest from the day i applied at county court until dealt with?

 

 

confused......:o

Link to post
Share on other sites

  • Replies 94
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi, get the "simple" spreadsheet from here : http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html/

Enter each charge and the date it was charged. The s/s works out the interest to today @8%pa on each charge and adds everything up and Robert is your proverbial father's brother. The continuing accrual of interest is taken care of by your Particulars of Claim saying "...... and Statutory Interest in accordance with Section 69 of the County Courts Act until the date of judgement or earlier settlement by the Defendant." If your POC didn't already say that, add them in somewhere on the N244 form which the Court has presumably sent you to amend your claim. The amendment will cost £35 which you can't reclaim. Regards, Mad Nick

PS Had you been following guidance off another site ?

Abbey £8370 settled 17 Apr 07

Link to post
Share on other sites

I have managed to download the advance template but its still difficult for me to get my head round. All i really want to do it present to the court percentages of 28.7%, 16.9% and finally 8%. The banks have all made a profit from our charges it seems only fair to return the jesture.........

I will ask the courts to decide taking into account my evidence to make the decision on that. I have nothing to lose.

Link to post
Share on other sites

Hi, I'm not sure what you're trying to achieve by presenting comparisons. I would recommend making up your mind which one you are going to go for and go for it come hell or high water. That choice depends on an understanding of the issues involved in each one. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

Link to post
Share on other sites

Hi, me again and further to my PM. Just to illustrate the point, suppose you worked out that :

  • charges were £5000
  • 8% was £1500;
  • 16.9% was £3500
  • 26.8% was £7000

and those are not made up, they're my own figures rounded. So what would you do next ? Try to keep it in Small Claims (ie charge + 8%) or Fast Track (charges + 16.9%). Or charges + 26.8%, but that's beyond Fast Track. So even without thinking about the actual justification for any of those figures, you've got a dilemma already. If I was you, I'd pro-rata your figures from those above to give you a rough idea and then spend time deciding on your approach - then worry about accurate figures. I'm trying to be helpful, honest. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

Link to post
Share on other sites

  • 2 weeks later...

Sorry Mad Nick not wanting to step on toes here

But coud 2gr82btrue clarify for me exactly what he is claiming for and at what stage he is at from what i have read here and on his posting on my thread i am lead to believe he is claiming CHARGES = £745 and has already issued court proccedings (n1/mcol)

 

if this is the case then surley it is abit late in the day to be changing it to a charges and CI claim

 

ALso 2gr82btrue who said you had miscalculated the interest The court or Abbey if it was abbey i'd say tough and if it were the court then i doubt they would say anything because though we assume we are entitled to the 8% sec 69 Interest it is not really a right but judges descretion though it seems to be paid by the banks outside of court

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

Link to post
Share on other sites

First of all Im a FEMALE not a HE. Just wanted to clear that up...... or i was the last time i peeked.....lol ;-)

 

Well I've taken in the amended form and the AQ and it was accepted by court staff after a brief duscussion on if this was possible. So I'm happy with that.... well the main thing is that i get my charges back from the Abbey and if i get any charges back..... and thats an if.... and at any percentage I leave to the courts...... I ill be more than happy with that. The Abbey i assume have taken the choice to say tough to everyone concerned claiming so what's new if the say tough to my error..... The charges are correct but the percentage was incorrect..... I was under the impression the calcualtions were at a total of 8% not knowing it was 8% per year. My error i know ... should have researched it more..... but what will be will be. At least it came to light before the actual court date so hopefully it will be taken into consideration by the court n the day.

Link to post
Share on other sites

sorry about the gender thing

you will get your charges back so dont fret just hold belief in what you do and keep it as you have a simple claim for charges and the courts discretioary 8% expect shabbey to make a gogw in settlement of this it is just a tatic of theirs to get out of paying you what is due but thanxs for clearing it up best of luck with it all

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

Link to post
Share on other sites

Hi, Newbody, like you, I had concerns about over-complicating the claim post N1/MCOL. I think it was 2gr82btrue herself who realised the 8% miscalculation, and CI crept in her post #6. But right back on track from what I can see. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

Link to post
Share on other sites

As soon as the error was made to me i informed the Abbey that i would amend. I assume I'll prob get the same standard letter of any denial when they again have to send in a defence. I'm sure others have been in my position.....

Link to post
Share on other sites

I work in an environment where I help others problem solving and this subject of claiming charges and interest was more complicated that i originally thought. Like i said i did not realise that you had an entitlement to claim for 6 years at 8% and hopefully i cleared that up for the ones reading my part in he forum. Maths is certainly not my forte but others I knew even in the profession similar to mine and others struggled with the percentages for submitting to the court. Letters are more my strong point and i like to get my point across in as much detail as i can find to strengthen my case. The Abbey have been asked to provide a full breakdown of their charges via fax's but they failed to do this, and i have informed them I will be asking for that information in court.The Abbey have also failed to respond to many of my letter/faxes but i have a copy of these to prepare for my bundle as time moves on. They were asked to provide me with 6 years of statements from 2000-2006 but the statements started from November 2000 with an obvious missing 11 months. But I estimated an amount for this period of time. So let's see what happens now. Any tips for me?

Link to post
Share on other sites

None really as you seem to be progressing ok but if you fancy a challange after this one then you can go to try and argue for charges back pre 6 years

 

the difficulties in this is the banks will goto use SOL (statue of limitations) and laches as a defence and as the charges are yet to actually to be proven unlawful/lawful it does go to make it alot harder to claim

 

also i assume you sent the standard SAR letter from here which if you did then you requested for all information and not just 6 years worth if not then if you decide to try this route then it might be worth trying a new sar to get information pre 6 years back off them

 

as for the missing statements depending when you sent off your SAR then they would have only sent you 6 years worth of information from them it was on another thread i read about the banks doing this to try and minimise the collateral damage to themselves but was also a letter you could send to try your luck for the additional info

 

which i have now sent myself with the prelude to a 2nd claim against abbey once my current one is delbt with claiming for charges and CI on top i figured was enough of a challenge for my first claim :D :D

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

Link to post
Share on other sites

the abbey have sneakingly returned 6 refunds into my account without informing me and i have informed the court of this action. If they can do that then how can they then justify that it doesn't return monies...... i think will continue until the case is settled and then the charges will happen all over again. But then i will get in another claim..... hopefully I'll be an expert by then....and yes it will be further back than 6 years and at CI. thanks newbody for the info..... appreciated

Link to post
Share on other sites

Hi,

 

Here http://www.consumeractiongroup.co.uk/forum/post-487355.html

{EDIT can't get the link to work : it's the last post on the sticky about Witness Statements at the top of the Abbey forum}

 

Post 49 on here : http://www.consumeractiongroup.co.uk/forum/abbey-bank/49008-mad-nick-abbey-3.html#post633483

 

and, last but not least, me yesterday (LOL) 7BS00183

Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

Link to post
Share on other sites

the daily interest at 0.0002 is this paid on a one off daily figure as mine worked out to be £0.32p. I have 24 charges and including CI @ 16.9% totals £1,957.42...... i need help to recalculate this as i though it was a one of daily figure, and now i have read it is off each charge............ help!

Link to post
Share on other sites

Just on the last bit of my bundles x 3 but on checking I need to I think amend my daily charge before sending bundles on or around friday. Charges & CI interest (providing i get this @ 16.9%) total £1,957.42.... there are 24 charges so what is the daily amount I can charge at 0.0002 over 75 days (to date of court hearing). It's obviously NOT total x 0.00022 .... = £32.25..... please help........

Link to post
Share on other sites

NOT HAD ONE YET... BUT IS A GESTURE OF GOODWILL or any other term of a offering always COUNTED A PART PAYMENT OR A GIFT AND NOT COUNTED TO THE AMOUNT YOU ARE CLAIMING?. ITS OBVIOUS THEY ARE NOT GOING TO ADMIT ANY LIBILITY BUT THERE MUST BE SOME SORT OT WORDING OR MISTAKES FROM THE BANK WITH OFFERS.... OF WHATEVER SORT.... AM I WAFFLING HERE.... LOL ;-)

 

Informally, an expression for good customer relations, employee morale, and a well-respected business name.

 

Financial omsbudsman states .......complaints about bank charges offering goodwill offers .....

what sort of offers have banks been making to their customers so far?

Typically in the cases consumers have referred to us, the banks have agreed as a goodwill gesture to settle the disputes themselves – by waiving all the fees and charges over the relevant period, in some cases going back up to six years.

Banks say that they may make offers in cases like this for a number of reasons – including to avoid the time and costs that might otherwise be involved in a full ombudsman investigation. But banks are under no obligation to settle disputes with customers just as a goodwill gesture.

Link to post
Share on other sites

ABBEY LEGAL DETAILS REGARDING INTEREST & CHARGES

 

5 Interest and charges

 

5.1 We may pay you interest on your Account when it is in credit and charge you interest if it is overdrawn. A higher rate of interest will be charged if your overdraft has not been authorised in advance and we may make a charge. This applies to the excess above any authorised overdraft limit. Authorised overdrafts are only available to customers who are 18 or over. We will tell you what the rates and charges are, how interest will be calculated and about any changes in the rates and charges.

5.2 We will tell you our Tariff of Charges for day-to-day charges and about any changes in the Tariff. We will also tell you about any charge for a service related to your account which is not in our Tariff. We will do this on request or before or when we provide the service to you.

5.3 Interest and charges will normally be credited or debited, as appropriate, to your Account on the same day each month, unless you have requested a change of statement date. We will give you at least 14 days notice of interest and charges for standard account services to be debited.

5.4 We may change our interest rates or our charges at any time, for one or more of the following reasons:

(a) To maintain the competitiveness of our business as a whole, taking into account actual or expected changes in market conditions;

(b) To reflect actual or expected changes in money market interest rates;

© To ensure that our business is run prudently;

(d) To reflect a change in general banking practice;

(e) To reflect any regulatory requirements or guidance, or any change in the law or a decision or recommendation by the Court or an Ombudsman;

(f) To enable us to harmonise our banking or charging arrangements;

(g) To reflect changes in technology or in the direct costs we are required to pay to others, or to take account of inflation.

5.5 We may also change our interest rates and/or charges for any reason which is valid. If we do so we will give you notice and you are free to close your Account immediately without loss of credit interest but you must repay any overdraft, interest or charges outstanding on your Account.

5.6 We will notify you within 3 days of any change in our interest rates and we will give you at least 30 days' personal notice of any change in our charges.

5.7 We may introduce day-to-day charges for different types of transaction by giving you at least 30 days' personal notice. (Please refer to Condition 19.)

5.8 We may charge you a fee for any administration costs incurred by us as a result of any breach of this agreement by you.

 

5.9 We will charge your Account with our costs of enforcing our rights under these Conditions if you are in breach of them, including tracing costs, collection agency costs and legal costs incurred. Any such costs charged by us will become due and payable immediately.

Link to post
Share on other sites

I have today (23-04-07)taken my court bundle to the abbey by hand and got a typed receipt for proof. The staff there was very helpful on allowing me to request they forward the bundle to the legal department on my behalf. I couldn't fault them on that. I also took in the courts copy to get it out of the way. My bundle will be presented in a folder and set out in a way that information relied on (if they attend) can be found and quoted upon.

Thank you bill-k for your peice of information as this was much appreciated. Keep up the good works. Thanks for all the contributed to my claim, even though it's by no means sorted yet. Without you I'd be so very very stressed and frustrated with the whole thing. will keep you informed of what happens from now........fingers (& everything else) crossed. Shabbey bring it on...........

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...