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318isrob V Abbey


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I have been a member of the site for a while now although this is my first post. (I am a man, and like to think that I can do things without the help of others), :rolleyes: unfortunately, I now have to swallow my pride and ask some advice. :D

 

I have sent off the request for my bank charge details - which I have received the usual 12 months statements, and the letter stating that the rest are on microfiche :rolleyes:. I responded to that with the standard letter stating that the microfiche filing system is a recognised system, and I still expected that they sent the required information within the 40 day time frame.

 

That 40 days ran out on Thursday, so I thought I'd be reasonable and give them a little extra time due to the bank holiday weekend. However, nothing has turned up today, so I was wondering what the next step would be? Do I write to them again - stating that I have not received the information in the 40 days? Or do I file for a court date?

 

Thanks for any input

 

Rob

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I have today sent the "non-conformance" letter off stating the action required within 7 days. Hopefully, this is the right course of action - I don't want to screw things up at this stage.

 

:confused:

 

This might be a ridiculous question (and it probably is) but, I presume that the 40 days DOES include weekends, and excludes bank holidays etc...or have I jumped in with both feet too early?

 

Thanks

 

Rob

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yes the 40 days does include weekends.

 

You cannot apply for a court date yet, once you have worked out your charges then you still have to send them the next two letters that are in the template library - (the prem letter telling them how much they owe you and 14 days after that the LBA), they get another 14 days then you can complete your court paperwork.

 

Unless you know how much you are claiming then you can't really go any further unless you submit an estimated claim, personally I would wait for the statements.

Nat West Settled 2 acct's before action:

 

£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007

 

Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07

 

14/02/07 N1 filed @ local court

21/02/07 issued claim

23/02/07 deemed served

25/02/07 Abbey acknowledgement defend in full.

19/03/07 defence + 50% GOGW

13/04/07 AQ final day for submission

30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"

01/05/07 Judgement order

8/05/07 Warrant of Execution requested

 

 

Media coverage :D

 

http://news.bbc.co.uk/1/hi/business/6701231.stm

 

http://www.newburytoday.co.uk/News/Article.aspx?articleID=4505

 

 

If you find my post helpfull then please click my scales:)

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Hi mariejader,

 

Thanks for your reply.

 

What I meant to say, was, will it be necessary to threaten to take them to court over the non-issue of my statements or do they usually come after the 40 days is up?

 

It appears to me as though they have just ignored my previous letter and are progressing (or not as the case may be) as slowly as they like anyway.:roll:

 

Rob

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Woooo Hoooo!

 

I got the rest of my "microfiched" account details this morning. Added everything up and found myself to be disappointed at the total! :p

 

Just drafted up the "preliminary approach for payment" letter and filled out the charges spreadsheet. I take it that the "overdraft interest" that is referred to in the letter is the same as the 8% interest calculated in the spreadsheet? Or is it the interest that we get charged every month for being within our overdraft?

:confused:

 

Thanks to all on here who inspired me to get off my ass and get this sorted out. Already targetting the Halifax next! :D

 

Rob

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8% interest can only be charged after you have submitted a claim through the courts, you can charge contractual interest though

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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Now I'm lost...I thought I had to fill in the "xxxxx's" within the "preliminary approach for payment" letter which mentions interest?

 

So, do I just tot up all the actual charges, and request that total back, but if it goes to court, add on the 8% to the total?

 

Any advice gratefully accepted, as I now want to get the ball rolling and get this sent off.

 

Cheers

 

Rob

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You add up all your charges for chq's not cleared etc plus on your statement you will see it shows "interest" that they have also taken from your account, it's this interest figure you put in, at this stage forget the 8% you don't need to worry about that until you submit your claim to court.

 

So basically you will have two figures one for all your charges and one for all the interest Abbey have taken from you because of the charges

Nat West Settled 2 acct's before action:

 

£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007

 

Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07

 

14/02/07 N1 filed @ local court

21/02/07 issued claim

23/02/07 deemed served

25/02/07 Abbey acknowledgement defend in full.

19/03/07 defence + 50% GOGW

13/04/07 AQ final day for submission

30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"

01/05/07 Judgement order

8/05/07 Warrant of Execution requested

 

 

Media coverage :D

 

http://news.bbc.co.uk/1/hi/business/6701231.stm

 

http://www.newburytoday.co.uk/News/Article.aspx?articleID=4505

 

 

If you find my post helpfull then please click my scales:)

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Ahhh - that makes sense.

 

I don't actually mind paying the interest, as I practically live in my authorised overdraft anyway, and the amount I would be claiming back, would not get me out of the overdraft in anycase.

 

So could I omit that interest figure if I wanted to, and just claim back the actual charges?

 

Thanks

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Ahhh - that makes sense.

 

I don't actually mind paying the interest, as I practically live in my authorised overdraft anyway, and the amount I would be claiming back, would not get me out of the overdraft in anycase.

 

So could I omit that interest figure if I wanted to, and just claim back the actual charges?

 

Thanks

 

If the interest is not much I would leave as you can only claim the portion of interest that occurred due to the charges.... not the portion that is a normal interest charge for an overdraft. Also if you do intend to claim the interest added to your account you will need to use the complex spreadsheet. We faced the same as you and decided that the amount of interest that we could claim back was so small that it was not worth all the messing about, so we are just claiming our charges and of course if it goes to court we will claim back the 8%.

Anyway, thats just my opinion, at the end of the day everyone makes their own choice, so which ever way you decide to go GOOD LUCK :razz:

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If the interest is not much I would leave as you can only claim the portion of interest that occurred due to the charges.... not the portion that is a normal interest charge for an overdraft. Also if you do intend to claim the interest added to your account you will need to use the complex spreadsheet. We faced the same as you and decided that the amount of interest that we could claim back was so small that it was not worth all the messing about, so we are just claiming our charges and of course if it goes to court we will claim back the 8%.

Anyway, thats just my opinion, at the end of the day everyone makes their own choice, so which ever way you decide to go GOOD LUCK :razz:

 

I totally agree, babynan! You've worded that perfectly! Those are the reasons I went about my claim the way I did!

 

Phil:)

This is only my personal, honest opinion!

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