Newbie v Abbey

[Janetoo]

Hey - new girl here, but in the same position as all the rest of you. I am claiming against Abbey just under £5,000. I sent them the last letter and they repaid just under £600 into my account and said that the matter, as they see it, was now at an end! So the next step is court I guess. Thing is, because I have received some payment, I wrote them on the 13 March asking for the dates that these repaid charges alluded to - have not received a reply. I said to them that I thought these refunds are by way of:

a) appeasing me thus hoping that I will not pursue my claim for the rest of the unlawful charges

b) implying that I may have to restart the whole process of my claim

c) prolong my claim by paying back charges bit by bit through correspondence

e) hope that I will give up pursuing my claim

I would like to know from anyone if I DO have to restart or go straight for their financial jugular? I had written the last letter before court procedures, so I guess I go ahead with that now.

Like all you others, I too am very nervous and if the bad stuff is going to happen it will happen to me.

Is it best to go to my local court or to use the facility on line? How do I get the on-line one?

Are there any time limits? Have I exceeded them?

H E L P!

Janetoo

[dar£n]

Firstly, Janet, you have 'hijacked' someones thread, you need to start one of your own so it can be focused on your dilemna...

 

Send in a letter stating you ASSUME the payment was a 'goodwill gesture' and accept as part payment with the view to continue your action in the small claims court to recover the full amount of charges incurred.

You need to send in a LBA [Letter Before Action]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

then, after your deadline file with MCOL

https://www.moneyclaim.gov.uk/csmco2/index.jsp

 

 

You will need to get a moderator to move your thread or start a new one okay?

[KnellyK]

Hi Janetoo

 

First, don't panic! You're in the right place to get help.

Have a look at the FAQ's and step by step guide, there's lots advice and templates that you can use.

 

Did you get a letter from Abbey when the money was paid? Did it say full and final offer (or words to that effect)? If it did, did you accept it as that or did you tell them you didn't accept it as full and final?

 

If you had sent a lettter before action then you could write telling them that you accept the £600 as part settlement, add the repayment values as minus sums at the end of your spreadsheet and in the date column put the date that the payment was made to your account, then send it to them as a revised claim, you could give them a bit more time, e.g 14 days to put the rest in your account! And, if they don't you can go to court.

 

Hope this helps!

[Janetoo]

Hi all - been indisposed due to bad back, but have struggled to the pc today. Thanks for the comments and replies. To KellyK, I did have a letter fm Abbey saying words to the effect that in their consideration all that could be done now has, and the matter was closed. The refunds were the latest ones accrued on my account all but for £20 which I cannot trace. This makes me think that they have gone into the original claim by £20, and if I don't deduct this amount, they could get me on a technicality........? I will redo my original ss and deduct this amount from the original total. I will include the new schedule in another letter to them asking for full and final payment and then commence court procedings; now I have the templates dl from this site - thanks. I will keep all posted as to the outcomes as they occur.

Does anyone know of anyone who has/is actually claimed/claiming, more than 6 years of charges?