Please help responding to Abbey Letter

[lolakahha]

Hi everyone - i have sent my prelim and LBA, submitted my claim via MCOL, shabbey have acknowledged and now sent me the following letter - in which incidentally, they spelt my name wrong, and dated the letter 4th March - I only submitted my claim on 22nd March 2007!

 

"We are in the process of reviewing this claim and preparing our response. A defence will be filed in due course.

 

In the meantime, we note that you have claimed the sum of £2,682.41 in respect of charges that you say have been made on your Abbey account. We appreciate that you may have previously forwarded details of your claim to our internal Complaints department however, we do not access to that information. To expedite the processing of your claim could you therefore please provide to us:

 

(i) details of how you have calculated your claim by date and amount of each charge claimed;and

 

(ii) details of how the interest is calculated, showing how interest is calculated by reference to each charge.

 

As you will appreciate you will need to produce evidence to the court regarding these amounts, and this information should have been appended to your claim form when you filed your claim. we should be grateful if you would provide such details to us as soon as possible.

 

It would also be helpful at this stage if you can provide e-mail and telephone contact details to us.

 

We look forward to hearing from you"

 

I assume it is reasonable to respond appropriately to this letter, providing AGAIN the s/s showing the charges and interest calculation? Don't want to be seen as being obstructive!

 

Also, bit miffed at the bit where they say this should have been appended to the claim - I submitted to court the same day I submitted claim, no other way to do it if you use MCOL is there?

 

Finally, i'm actually doing all of this on behalf of my fiance, he doesn't particularly want to deal with them over the phone, is it reasonable to withhold telephone numbers and request that all communication be written?

 

Thanks so much for your help everyone!

[Michael Browne]

Yes just send a schedule of charges, their letter is completely standard.

No need to include contact details if you don't want to

[lolakahha]

Brilliant - thought it was standard but didn't want to fall into any carefully laid abbey traps!! LOL!!! Thanks for your fast reply - much appreciated!!

[Rooster-UK]

At this stage, I would INSIST that all communication be by letter. Keep copies of all letters, yours and theirs.

You can then refer to them later if you need to without trying to remember exactly what either pary did or didn't say.

 

Regards, Rooster.

[lolakahha]

Thanks Rooster - that's what my gut feeling was!!

 

Do they get any black marks for being unable to get a simple name and date correct?

[TideTurner]

I'd insist on it, nothing is done at this late stage by email or telephone. Where a claim has been submitted, forward a copy of any letters you send to them to the Court. This is all covered by your Court fee, and you will receive confirmation from the Court that it has been filed and stamped. Let the Shabbey know you are communicating it to the Court, which will show unreasonable behaviour with respect to settlement. Don't forget to add the interest rates applied in the s/s, they must then settle or give a very good reason to defend it, else, go for the Abuse of Process scenario.

[adamc6671]

Hi Lola & TideTurner - very sorry to 'butt in', but am at very similar stage with my claim against Abbey (thread is "Tish vs Abbey"), and find this thread very interesting, especially the reference to 'Abuse of Process' secnario. Could you by any chance tell me where to find more about this - I'd already figured from Patricia Pearl's book that this was possibly a very good alternative to preparing the whole Court bundle, only for Abbey to settle immediately before the hearing. Previous history seems to show Abbey never intend to actually defend in Court, thereby abusing the Court process! In other words, how does one go about claiming 'Abuse of Process' to the Court?

 

With many thanks (and apols!) - Adam.

[TideTurner]

Hi Lola & TideTurner - very sorry to 'butt in', but am at very similar stage with my claim against Abbey (thread is "Tish vs Abbey"), and find this thread very interesting, especially the reference to 'Abuse of Process' secnario. Could you by any chance tell me where to find more about this - I'd already figured from Patricia Pearl's book that this was possibly a very good alternative to preparing the whole Court bundle, only for Abbey to settle immediately before the hearing. Previous history seems to show Abbey never intend to actually defend in Court, thereby abusing the Court process! In other words, how does one go about claiming 'Abuse of Process' to the Court?

 

With many thanks (and apols!) - Adam.

 

Adam,

 

See Kazzaw's post here http://www.consumeractiongroup.co.uk/forum/lloyds-bank/20752-kazzaw-lloyds-asset-card.html?highlight=kazzaw#post467620

 

and also look at post 219.

 

Tide

[adamc6671]

Many thanks, Tide - hugely interesting. Will almost certainly reference it on my AQ. Adam.

[lolakahha]

Hi Adam,

 

Nice to meet someone who's at about the same stage no probs for "butting in" all welcome, the more the merrier!! Good luck with your claim, i'll keep an eye on your progress!!