Accepted 75% but now want more - stebiz

[stebiz]

It has now been 14 days since I sent a letter and my £10 to Abbey National Requesting Statements. I've followed it up on a few occasions and they confirm receipt and say they are acting on it. I need them desperately so I can issue my 14 day notice to take them to court - if it gets that far!!!

 

Stebiz

[HD]

I'd keep to your deadline.

 

If the banks try to use a manual intervention defence you could state in court that you had asked for details of any interventions, and had not recieved a response. Therefore you had tried to settle without recourse to the courts but had been prevented from doing so by the bank refusing to give you the necessary information.

 

The likelyhood is that any court date you would be given would be after the 40 day DPA limit so you would have the information by then.

 

Which letter did you use?

[stebiz]

Thanks.

 

I used the standard letter from this forum. I sent it by email and then followed it up 48 hours later by walking into my local branch with £10 and letter. Then followed it up by a few phone calls explaining that it was extremely important I got a reply.

 

I hate playing the waiting game - although I know I have too.

 

Regards

Stebiz

[Jane Austen]

I sent a DPA letter on the 30th March so about the same time. Who did you get the reply from to say they were dealing with it? Which E-mail address do you use? I find it is very difficult to contact the right people.

[stebiz]

Still waiting I'm afraid. It was the cust relations department I spoke to. I rang them again today and they said that my statements had been sent nearly two weeks ago. Last Wednesday they sent them again but still haven't received them. Two lots have now gone missing - yeah I believe them. Will keep you all informed. Now it has been 18 days and still waiting.

 

If I don't get them I'll have to hazard an estimate and let them defend it in court.

 

Stebiz

[mariejader]

My DPA went in on the 16th March I am still waiting for my statements, I don't think they are telling you the truth about them posting if you read the posts on here about Microfisch statement you will know what I am saying.

[stebiz]

Well I received statements. No Microfiche or anything just photocopies of statements (or so they appear) going back to 1999. I have calculated the charges for the last 72 months. I am horrified. My charges are £3,449-19 (including their interest on their charges).

 

As Victor Meldrew would say - UNBELIEVABLE.

 

I will need to do a bit more reading around the forum. I don't want to do the next stage wrong. I can always get the letter off tommorow. I already have a court summons waiting in the wings just ready to fill in. Did somebody say that you can now do it online??

 

Regards

Stebiz

[stebiz]

I'm just trying to find the necessary info on here and it refers to 8% interest. Can somebody please clarify this for me. I have itemised their interest which was all brought about by their charges. I have included this in my figure.

 

Am I allowed to charge 8% as well, for them having my money?? If I understand it the answer is no.

 

Cheers

Stebiz

[stebiz]

I am in the middle of getting a letter to Abbey demanding a refund od over £3,400 in excessive charges and interest.

 

Just a quick question. I've read in many places on here about the 8% interest I can charge them (I think). Does this get added at this stage or in the event I have to get a court summons to them?

 

Appreciate anyones help. Need to get the letter off in the morning - recorded.

 

Cheers

Stebiz

[booplyboo]

Hello

I'm quite new too but after reading around for a while, I'm pretty much sure that the 8% is only applied when you submit a claim to the county court and not before.

 

Good luck - keep us posted - my DPA letter went yesterday!

I have no idea what my charges are as I seem to have a chunk of statements missing - but I know there are lots!

 

Booply x

[jonni2bad]

You are both correct.

 

It really is vital to read through the FAQ section, thoroughly. It seems from the initial question that perhaps you have not spent quite enough time there yet.

 

But it's not too late.....

 

Good luck..!!!

[stebiz]

Thanks. I have now read 99% of the archive material - interesting reading.

 

First letter sent giving 14 days and asking for the £3,400. Sent Recorded Today.

 

Get it on!!!!!

[stebiz]

Just an update. Now 5 days since my letter requesting a refund (It was sent recorded). I guess I have to leave it another 9 days before my 2nd letter and then a further 14 days before issuing a summons. I've already signed up so I can issue summons without delay.

 

So 23 days to go before a summons (or should I say another summons) is issued against Abbey.

 

Stebiz

[alanfromderby]

You will find that Abbey will take it to the wire - keep us posted.

[stebiz]

Okay have now received a response (after 1st template letter) saying that they have looked into it and that their charges are fair blah blah blah

 

Now second template letter sent today giving 14 days before a summons is issued.

 

Stebiz

[stebiz]

Okay I have now received another letter today in response to my second letter saying that they are going to investiagte and it may take 4 weeks.

 

Tough it is now 14 days since my second letter. If they are to take me seriously I need to issue a summons today. I have the figure but now need to go through working out the 8% interest - using the excel doc. on this site. I guess it may take me an hour or two and then I'll issue. As soon as I have I'll post the claim ref number to a mod.

 

Bring it on Abbey..................and as for going to court if that is the case fine. I used to go to court a few years ago in my last job issuing small claims so nothing new there.

 

Stebiz

[stebiz]

My claim form before I submit - looks like this. Is it okay please??

 

1. The Claimant had an account 1 ("the Account") with the Defendant which was opened on or around 1998 and closed November 2004.

2. During the period in which the Account was operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. The total cost of the charges applied were

£3,297.19

 

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £3,297-19 - this includes interest applied

b) a declaration from this honourable court that the term of the contract leading to the application of the charges is unenforceable;

c) Court costs; £130-00

d)The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year totalling £927-50 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.72

I believe that the contents of these particulars of claim are true

 

 

Cheers

Stebiz

[stebiz]

After attempting to fill my claim online (without success due to all the info and lineage being restricted) I sent a hard copy to the court yesterday for a total of £4,344-69

 

Will let you know when I get a claim number.

 

Regards

Stebiz

 

ps just a quick note. Please remember if you send a summons to court remember to enclose 2 copies also. In the past when I have issued summonses I have had them returned If I haven't. It does say this on their site.

[stebiz]

I have filled out my claim and saved it yesterday and was just on the verge of submitting when it said I did not have enough space.

 

I rang the local court who sent me a form through the post to complete.

 

A quick question - if I apply online through moneyclaim am I able to send more info later or am I better of filling a hard copy in. What have others done??

 

Cheers

Stebiz

[alanfromderby]

My feeling on this is that it is far better to file a claim at the County Court if you are able to get to one. Trying to fit a claim in the space provided can often lead to critical information being missed - and with more complex claims there is no chance of cramming it all in anyway.

 

I believe, in some circumstances, you can send the particulars of claim later - but that would just cause further delay.

 

Handing the form over personally at the court does ensure that any glaring errors may be noticed - and for those new to litigation, it provides a chance to ask questions.

[stebiz]

Thanks Alan. I was starting to feel that way myself. I'll pop along on Monday.

 

Regards

Stebiz

[stebiz]

Just a quick note. If anybody is waiting for the 14 day peiod's to expire prior to issuing a summons, it may be an idea to give your local court a call and get a claim form sent to you ready to fill in. You can download offline but not sure if these are accepted. Anyway it is just a phone call.

 

Regards

Stebiz

[jonni2bad]

Will let you know when I get a claim number..

 

Thanks. PM BankFodder or Bookworm and we can update litigation in progress...

[LordLee]

Thanks. I have now read 99% of the archive material - interesting reading.

 

First letter sent giving 14 days and asking for the £3,400. Sent Recorded Today.

 

Get it on!!!!!

 

I am about to send initial leter. May I ask what address you sent it to? Milton Keynes (same as DPA Dep) or Trinton Sq London?

 

I'm confused which I should send to...

[stebiz]

Sent it to Triton Sq.

 

Good Luck