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Colin & Claire V Abbey ***WON***


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I started my Abbey Claim for £3,222 in late January. It took them 3 weekes to send 6 years worth of statements and they cashed the cheque for £10!

 

I immediately used the templates to request my refund and they wrote back stating that they would deal with it within 4 weeks. On the day the 4 weeks was up they wrote saying they needed another 4 weeks to review it.

 

I wrote stating that if i had no refund within 14 days i would press ahead with the court action. On day 12 £670 was paid into my account and on the following day a letter explaining that was a goodwill gesture and if i did not reply by 8 weeks the matter would now be closed.

 

I rang to see if i could "negotiate" a better outcome and just got told it could be reviewed again and it would take another 4 weeks! so i said i was not prepared to accept the £670 and would start court proceedings.

 

They were served on the 28th April and i was quite surprised to see that after 7 days they have acknowledged the claim. I was quite expecting them to take the 14 days. I am now waiting up until the 26th May to see if they enter a defence.

 

I was hoping somewhere along the line a sensible offer would be made but it looks like at the moment its going all the way which seems silly to be as i would of accepted an offer of £2,500 ish at the beginning but it now looks like it will end up costing them nearer £4,000.

Abbey - Claiming £4,044.82:lol: offered £4,170 - accepted:) :) :) :)

 

Mint - Claiming £769.71:lol: offered £217 - declined

 

NatWest - Claiming £272

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Hi ColPac! When you requested for your statements, did they sent you a letter about complaints procedure with a book?

 

Regards

 

Andrew

ANDY VS ABBEY 23rd April 2007 -

 

'Don't get mad, get even'

'Patience is a virture'

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Hi Colpac

 

Looks like you've had the standard letters that most other people here have had.

 

It seems Abbey take it to the line, It would make sense for them to settle earlier rather than later and avoid the interest and court cost payments but they don't!

 

Look on the bright side, where else can you get 8% for your savings!

 

Good Luck!

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Hi colpac,

 

Things seem to be going well for you and following a well-trodden path. The word sensible doesn't enter the Abbey's vocabulary...........they delay and prevaricate and intimidate and hope you'll go away...........and for every one of us that does then they've had a good result. So it's up to us to make sure we don't give up:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi ColPac! When you requested for your statements, did they sent you a letter about complaints procedure with a book?

 

Regards

 

Andrew

 

 

I have had that letter and book with every letter they have sent! Just ignore it and follow your own time guidelines.

Abbey - Claiming £4,044.82:lol: offered £4,170 - accepted:) :) :) :)

 

Mint - Claiming £769.71:lol: offered £217 - declined

 

NatWest - Claiming £272

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Guest louis wu

Colpac, As Charley says, Abbey are never sensible, and never give sensible offers (around 50% is the best they ever offer)

 

Just stick with it, it can be a bit long winded now, waiting for the courts, but just bear with it. In the end, you'll get a full refund (plus interests and costs http://www.consumeractiongroup.co.uk/forum/announcement.php?f=84&a=84 ) and then it will all be worth while.

 

Louis

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Oh i will definitely keep going no fear about that.

 

I am in the building trade and have actually done the small claims court before so i am not too worried about it.

 

Even though taking on a major bank may be a little different than one person who would not pay there bill !!

 

Whatever happens though i will keep going.

Abbey - Claiming £4,044.82:lol: offered £4,170 - accepted:) :) :) :)

 

Mint - Claiming £769.71:lol: offered £217 - declined

 

NatWest - Claiming £272

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so i am presuming that just before the 28 days are up Abbey will file a defence.

 

On average what sort of timescale am i looking at from then?

Abbey - Claiming £4,044.82:lol: offered £4,170 - accepted:) :) :) :)

 

Mint - Claiming £769.71:lol: offered £217 - declined

 

NatWest - Claiming £272

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Difficult to say now as a number of court strategies are taking place. Dispensing with the AQ seems to be the norm now and there are a number of cases having the defence struck out, then of course the judge may follow the draft directions all of which bring speedier settlements. Alternatively it could go on months if a court date is allocated....its all in the hands of the court system now.

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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Guest louis wu

noobrider is correct, but the often banks seem to manage an 'extension' to their court paperwork, so never assume anything, even if it appears that the deadline has gone. If in doubt call the court and ask for an update.

 

Louis

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i have just realised i made a mistake on the MCOL form, i put in the particulars of claim part that i was claiming £3,222 charges, £582.32 interest making a total of £3924.82( i have mistakenly added on the £120 court fee)

The court fee has then been added on at the bottom making the total claim £4,044.82 which is obviously £120 too much.

 

The claim has been acknowledged and abbey have 12 days left to defend.

 

What should i do?

Abbey - Claiming £4,044.82:lol: offered £4,170 - accepted:) :) :) :)

 

Mint - Claiming £769.71:lol: offered £217 - declined

 

NatWest - Claiming £272

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Guest louis wu

There are 2 things you can do.

 

Change the claim, there is a form, N244

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

 

which costs £35 (not claimable)

 

or do nothing and hope it gets missed. Don't forget, you wont see a judge, and they will settle in full soon.

 

I would advise the first option, but I know people who would advise the second. The choice is yours.

 

Louis

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ok, so what will happen if i just leave it and soneone does pick up on it?

 

Will it be thrown out or will any payout just be reduced by £120

Abbey - Claiming £4,044.82:lol: offered £4,170 - accepted:) :) :) :)

 

Mint - Claiming £769.71:lol: offered £217 - declined

 

NatWest - Claiming £272

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Guest louis wu

I don't know, but its unlikely they will actually appear in court.

 

Like I said,

 

I would advise the first option, but I know people who would advise the second. The choice is yours.

 

Sorry I can't help more, but it's a personal choice now.

 

Louis

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Im at an annoying stage now, i have 5 days left for shabbey to file a defence and as each day passes im getting more hopeful that they wont defend at all.

 

I used MCOL so can i file for default online as soon as the 28 days are up?

 

My other hope is that because the deadline falls on a weekend they might just miss it:D But i wont hold my breath

Abbey - Claiming £4,044.82:lol: offered £4,170 - accepted:) :) :) :)

 

Mint - Claiming £769.71:lol: offered £217 - declined

 

NatWest - Claiming £272

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All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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so it basically could go either way after reading the outcome of those two posts.

 

Well at least i suppose i am slightly getting nearer to my money:D

Abbey - Claiming £4,044.82:lol: offered £4,170 - accepted:) :) :) :)

 

Mint - Claiming £769.71:lol: offered £217 - declined

 

NatWest - Claiming £272

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Well my hopes were short lived, Abbey sent a copy of there defence today and checked MCOL and it is now being transferred to a local court.

So i guess i start preparing my bundle etc.

Abbey - Claiming £4,044.82:lol: offered £4,170 - accepted:) :) :) :)

 

Mint - Claiming £769.71:lol: offered £217 - declined

 

NatWest - Claiming £272

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Guest louis wu

It's not a total suprise, and just about sums them up.

 

As to your court bundle, well, you will almost certainly have to do one. You may, however, be asked to complete an Allocation questionaire first. Some courts are not using them in relation to bank charges anymore, but some still are. Wait and see what the judge orders.

 

Nothing to stop you you looking at the bundle though, and try not to be put off when you first see it, its not as bad as it first looks.

 

If you need to do the AQ, then there is a new way of doing it, its in the general forum. Any problems in finding it, post and I'll find you a link, but you should be ok.

 

Good luck

 

Louis

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I may as well get on with the bundle then, got to be better than trying to rush it at the last minute

Abbey - Claiming £4,044.82:lol: offered £4,170 - accepted:) :) :) :)

 

Mint - Claiming £769.71:lol: offered £217 - declined

 

NatWest - Claiming £272

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How long on average is it before i hear anything from the local courts?

 

Just getting impatient now as it seems like nothing is happening.

Abbey - Claiming £4,044.82:lol: offered £4,170 - accepted:) :) :) :)

 

Mint - Claiming £769.71:lol: offered £217 - declined

 

NatWest - Claiming £272

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hi,im on my 2nd claim now as i split the 1st to keep it in small claims,i got my defence from abbey about 2 weeks ago for this 2nd claim and got a court date a week later,its 2 mths off,but it goes quick!last time,abbey settled a week before my court date,its really exciting!!the court bundles pretty straightforward,the instructions on here are so brilliant and everyones so helpful.i didnt bother phoning or writing to abbey in between,i just left it till they got in touch with me,cos they will do.hilx:lol:

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I have had is a letter from northampton court(MCOL) saying it is being transferred to my local court and that the Allocation Questionaire will be dispensed with unless the local Judge rules otherwise.

I guess i just wait for a court date now, its been 3 weeks since abbey sent me there defence so it seems to be dragging on now

Abbey - Claiming £4,044.82:lol: offered £4,170 - accepted:) :) :) :)

 

Mint - Claiming £769.71:lol: offered £217 - declined

 

NatWest - Claiming £272

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i would check to see if the court has received the defence, you never know, Abbey may have forgotten to file it :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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They must have as MCOL dont transfer it to your local court until it has been defended.

Abbey - Claiming £4,044.82:lol: offered £4,170 - accepted:) :) :) :)

 

Mint - Claiming £769.71:lol: offered £217 - declined

 

NatWest - Claiming £272

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