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Need some advice


Slaine74
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Right I found this site a little late, but will tell you all the details.

A neighbour told me about a programme on the tv last year, having watched it i decided on trying to claim my charges back. So last august I sent of my request for the last six years statements. Come december I still had not recieved the statements even tho they had taken the £10 fee from my account. Sent several letters to various different people as well as phoning up asking for the statements. Eventually got through to someone who told me that they hadn't recieved the form in the first place. Told them to check my account details and see that the fee had been taken out of my account several months ago and was told they would hurry the process up for me again. Finally recieved the statements at the start of february so worked out my charges to the sum of £1088 for the previous 6 years. Sent a standard letter off from the internet asking for the charges to be paid back as the were unlawful and then waited. Recieved the standard letter saying that they would look into it and if it took longer than 4 weeks they would get back to me. After the 4 weeks heard nothing so rang some number in Milton Keynes as I was fed up with speaking to people in India who had no idea of what I was on about and was told they hadn't had a chance to look at it yet as they were inundated with claims (so gave benifit of the doubt and waited some more.) Went into town two weeks ago and looked at my account balance and seen I had some spare money so went on a spending spree ( I had been cutting back on what bills i had to try and save money so thought I had done well.) Anyway when I got home I had recieved a letter from Shabbey saying they had looked into my complaint and stating that I knew about the t + c of the account and out of goodwill they had credited my account with £303 and they felt that was a generous offer and the end of the matter. They also stated that I had 8 weeks for the date of the letter to complain further or they would consider the case settled. So then realised that is why my balance looked so healthy.

So here comes my dilema, having found this site and looked at the standard letters to send out to say I am not happy and will persue it further the letter says for me to tell Abbey to take the £303 back out of my account problem is I spent it!! Should I write back and say I am not happy and want the full amount back (never added interest to the first amount either) plus interest now or should I sstate I just want the £1088 and if they still disagree then i will take them to court for the £1088 plus interest and costs. Plus how much do the court fees cost for starting and action as at the moment I am very skint and don't know if i could pay anything up front. So some advice would be very greatful.

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Hi, from what you say, I think you're about ready to send Abbey a Letter Before Action (LBA) amended to "accept their Gesture Of Goodwill payment of £303 in partial settlement". Have a look here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html and here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html and combine the relevant text into a LBA/Reject GOGW letter.

 

If you do the above it won't matter that you frittered away the £303 (LOL).

 

As far as interest is concerned, the simple one to go for is 8% Statutory Interest (SI) iaw the County Courts Act. Don't include that until you file your court claim (Form N1). Just as easily justified but harder to work out is, in addition to SI, to claim for any overdraft interest they charged directly attributable to the charges - you would include that in your LBA. On a claim of £1088, unless you were overdrawn more than half the time, I would give claiming overdraft interest a miss.

 

The Court fees for filing are here : County Court Fees and there's a further £100 to pay (well, I had to anyway) with your Allocation Questionnaire (which comes about 6-8 weeks after you've filed your claim).

 

Best of luck (but actually luck doesn't come into it, just patience !). Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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cheers for the advice, just checked the court fee section which was worrying me the most and reaslised because my income is so low and I recieve working tax credits i would be exempt from paying the fees!! Yeah will be posting the letter to Shabby now with some extra gusto!!

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