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HadenvsAbbey


harry5
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HI (newie here, so apologies if not following correct procedure!)

 

I am going through one of the toughest decisions I have had to make! I have received my allocation questionnaire from Abbey. I am claiming £3021 with fees they have now written to me offering half. When I originally filed a schedule of all charges I included interest on charges, which I now know I shouldn't have. I am concerned now that if I go to court they will use this against me and turn down my claim, Should I just accept half or contest the offer? Really scary stuff!!

 

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What type of interest did you include. Was it s.69 at 8% or Contractual? and what did you put on your N1?

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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harry, if it were me, i would write to them and and say that you will accept the full amount of your claim prior to submitting the AQ as after that their costs will arise by at least 100 pounds, but of course it is your call. my opinions is that if they are willing to offer half, then with a bit of patience, they will offer you the full amount

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Hi,

It was contractual
Better if I say now rather than you get into problems later, but I assume you have the argument to back this up in case Abbey fight this particular element of your claim. It's just that you are a new poster - or have you been lurking and are properly clued up about CI ? Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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Hi, Better if I say now rather than you get into problems later, but I assume you have the argument to back this up in case Abbey fight this particular element of your claim. It's just that you are a new poster - or have you been lurking and are properly clued up about CI ? Regards, Mad Nick

 

Hi Mad Nick

To be honest I have been using Martin's money tips since beginning of my journey but people keep suggesting this forum and help on this site and as I wasn't getting the answers I wanted I thought I would give it a go! Happy to say happy so far however I am assuming after spending hours trawling through FAQ's that the interest I included in my claim is the interest that banks charge you for being overdrawn which I am also assuming now is contractual int. I have got all details in a schedule I have put toghether that shows the interest, so in effect I could write to the bank and tell them of this now and offer to accept price without this included, but now it has gone to court (AQ) is this a problem? If I do have to go to court do I have to spend hours putting together a case?

 

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Hi,

the interest I included in my claim is the interest that banks charge you for being overdrawn which I am also assuming now is contractual int.
The CI brigade (in the General threads) don't count reclaiming overdraft interest they levied as CI. Their definition of CI is slapping the unauthorised overdraft rate on the claim (ie 28.7%) to get the b******s back. I beg to differ - "contractual interest" means any interest in accordance with the contract. But I gave up arguing with them. Reclaiming the overdraft interest they levied on the charges they shouldn't have taken is absolutely defensible on the grounds of basic "restitution" (legal term). But to be sure, I would start using the word "reclaiming" interest in your correspondence and Court docs. Regards, Mad Nick.

Abbey £8370 settled 17 Apr 07

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