woodwa5 v abbaey and others

[woodwa5]

Hi poohbear and thanks for your reply. I'm pretty sure it is still the small claims track until it gets over about £15000. It's a little more expensive on the court fees front but I will be claiming those back from the abbey. It will be great if we go through this together.

 

Kind regards,

 

Woodwa5:)

[woodwa5]

I got another letter from Pam f*****g Speed this morning saying sorry for the missing statements (about 18 months) and sending me the bloody spreadsheet again. I am beginning to lose my sense of humour now. Do I really need those missing statements or will the spreadsheet suffice? I have already sent the LBA and intend to proceed next week if they don't reply to my request,

 

A very angry,

 

Woodwa5:mad:

[poohbear1]

Oh I am sorry woodwa, first bit of advice is don't let the blood suckers get to you. Secondly, if you have a spread sheet from them that is the information kept on microfiche, it doesn't come in statement form. As long as it has dates, what it is for,t he amount etc thats fine. I didn't realise that was something you weren't sure about. Just ignore them. As soon as you have all the information you feel you need, just carry on.

 

I forgot to tell you, about 2 or 3 weeks after my letter before action was sent I got a letter from them making me an offer. Only £330 and considering my claim is over £5000 obviously I will kindly refuse the offer but I am hoping that is a good sign, although still prepared to go to court. Sent my refusal letter today special delivery and given them a further 10 days and then will get on with the court claim.

 

Take it easy, chill out with a glass of whatever you like and just think about the day when you have the money you are owed!

[woodwa5]

Thanks Poohbear,

 

I don't usually let it affect me and i'm over it now. I have started another action against Natwest and they managed to send me all 6 years worth of statements in 2 weeks despite the fact my account was closed 2 years ago (a shame shabbey r not as efficient). I can't believe they had the cheek to offer you £330, you do right not to accept that and I really hope that it is a good sign.

 

The Abbey have 'till next Wednesday to settle with me before I put in my N1. I will probably make a start on that over the weekend,

 

a much more chilled,

 

Woodwa5:cool:

[woodwa5]

I am making a start on my n1 in preparation for next Wednesday and have 2 quick questions:

 

1) How do i calculate the overdraft interest?

2) On the N1 you put the further interest in pence per day, how do you claculate that?

 

Woodwa5:confused:

[woodwa5]

Another quick question,

 

my claim is for about £5400. Should i reduce it to £5000 so that it stays on the small claims track?

[Lula]

i wouldnt worry about reducing it, fast track has its benefits, i.e. automatic disclosure so they tend to settle pretty prompty and as to o/d interest, if your charges cover the amount of the o/d then add it all in, if not, i wouldnt worry about it as it is extremely difficult to calculate

[woodwa5]

Thanx:D

[woodwa5]

As you can probably tell by all the questions I am currently completing my n1. I am using the template in the library and am stuck.

Where you enter all of the interest at 8% what do I put in the red space where it says "date where the money became owed to you" as the date for each of the charges is different. Is it the date I made my prelim or is it the total of all of my charges interest at 8%. Also how do i calculate the daily interest?

 

Woodwa5

[ohoh4312]

Morning

 

"The date the money became owed to you" is the date of the earliest charge on your spreadsheet.

 

The daily interest calculation is as follows:

 

The total value of your charges** x 0.00022 to give a daily rate in pence or pounds

**NOT including the 8% interest.

 

So if your charges amount to 4K, for example, the daily rate of interest is £0.88.

 

Hope that helps.

 

Best regards

 

Jo xx

[woodwa5]

Thank you jo i'll give that a bash;)

[woodwa5]

Well I got a letter in the post from the Abbey this morning. It was from Richard HARRIS who is allegedly head of complaints. He states that 'their research is taking longer than expected' and that 'my complaint is very important to them'

 

CHEERS FOR THAT DICK!!!

 

I think i would have more respect for them if they just didn't bother waisting the postage and sent nothing......oh well N1 next Wednesday then......joy

 

a mischievious

 

Woodwa5:p

[poohbear1]

I like your humour woodwa5, again I feel I have left in the lurch a bit glad to see everyone has been really helpful too you. I think I got the same letter, make sure you keep them all, yeah!!??

 

Doesn't it say something about contacting you in the next 500 years with a response. I was actually quite shocked, it wasn't too long till I got my offer after that letter, so don't be surprised if you do get an offer letter in the next week or so. But you carry on anyway, if you get an offer, no doubt it will be something pathetic (unless you are really lucky!) so you should be able to find a template rejecting it as full and final settlement but accept it as partial.

 

Currently still waiting for the 10 days to pass until I start on the court stuff. My sister is taking HSBC to court for a measly £200 something and her court date is Monday coming, nothing from them at all, I just hope if it gets to court it gets thrown out. Silly banks! She is 33 weeks pregnant with SPD too, bless her, hobbling about with crutches, last thing she needs is having to appear in court. I guess well just have to wait and see.

 

Keep in touch.

[woodwa5]

Good luck to your sister, i'm sure she'll be fine.

 

Thanks for posting, I will be filing my N1 in court tommorow unless I receive an offer for the full amount before about 10 am. I have no intention of contacting them before hand as I am going to show them how serious i am. They will soon realise that i won't accept 1p less than the full amount,

 

a focused,

 

Woodwa5:p

[woodwa5]

Hello,

 

got a bit bored so decided to send this e-mail. I am under no illusions that they will actually respond to it:

 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

 

Dear sir/madam,

 

Thank you for your letter dated 18th July 2007 stating that you require more time to investigate my complaint. As you are aware I am asking you to refund to me the charges which you have levied from my account over the last 3.5 years.

I calculate that you have taken £5340.00 I am attaching a copy of the schedule of the charges which I am claiming. You will note that this schedule of charges also includes the 8% interest applied to the charges that I am claiming in the amount of £820.65. This interest will become due if i am forced to progress this matter to a claim at County Court together with court costs of £250. If you respond to me by 1200 pm tommorow (25th July 2007), with an indication that you are willing to enter into a dialogue with regard to the payment of the amount owing, I am willing to suspend court action.

I also note that you have failed to comply with my request that you forward within the mentioned time scale, a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These were requested under CPR Pre-Action Protocol 4.6©, and failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action,

As you can see from the above I am more than prepared to proceed at court if necessary, however by acting now, we will be saving the already clogged court system from another claim and you will save the Abbey over £1000,

Yours Faithfully,

woodwa5

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Could somebody just run through this and let me know if it's ok before i send it;)

[poohbear1]

Hey you know I am no expert but I would say thats a go, go for it, why not. As long as you are sticking to all your time frames I don't see why not, keep a copy. My sister says as long as you don't do it too often it shows good willing from your side and a judge would show favourably with him/her.

 

Not sure if this will spure you on or not because it wasn't Abbey, but my sister has won! Her court date was due to be this coming Monday, by getting advice from this site she sent one last email basically saying see you in court on Monday ******, I will be the 8month pregnant woman on crutches and funnily enough she got a prompt response telling her they were settling, not quote the amount she wanted, I think it was £7 short but she didn't want to argue over £7! Not sure it would've gone down to well with a judge if my sister had turned up to court and the bank hadn't eh! I am due to start court proceeding at the weekend, I got another letter apologising about my complaint and that they were going to investigate and estimated it would take 4 weeks. They are such time wasters, well they would be if I sat hanging around waiting for them.

[woodwa5]

Hey poohbear,

 

Well done to your sis'. Shockingly enough i got no response from the abbey. Will send off my N1 tommorow

[woodwa5]

Did anybody else receive the new Abbey terms and conditions in the post today. I received them and they make interesting reading. They no longer charge you for not paying direct debits, not clearing cheques etc. Instead they give you what they call an 'instant overdraft' and charge you for that instead. It appears that the fees are between £5 and £35 depending on the amount you are overdrawn. The example they give is this:

 

At the start of the month you make a cheque payment for £18.99, which we pay and causes your account to go £12 overdrawn. The next day you make a card payment for £8, which we pay and causes your account to go £20 overdrawn. The following day a direct debit for £200 is presented to us, which we also pay, causing your account to go £220 overdrawn,

 

In this example you would be charged:

 

i) An instant overdraft request fee of £15 for the cheque payment.

 

ii) An instant overdraft request fee of £5 for the card payment.

 

iii) An instant overdraft request fee of £35 for the direct debit.

 

iv) An instant overdraft monthly fee of £25 for using the instant overdraft service.

 

So that seems to be a big change in terminology but it has a similar outcome. In this example you would have been charged £80 for three transactions,

 

I welcome your comments,

 

Woodwa5:cool:

[ICY]

The cheeky, $£^ers they have changed nothing, are these conditions worth the paper they are written on, obviously they are trying to get out of these claims, all they seem to have changed is the fact that they are now not saying you have breached your conditions, although i havent had a copy yet so it may still be in there

[woodwa5]

No,

 

there's no mention of breaching your conditions and I think this is possibly a sign of the Abbey closing the stable door after thye horse has bolted

[woodwa5]

hello all;)

 

i have been away for a while so haven't had the chance to progress my claims and will start again soon.

 

I have just been reviewing my current account statements and it appears that the abbey have charged me £70 for instant overdrafts request fees before the new terms and conditions came into force. Surely I should be able to get this back as there was no such thing?

 

Woodwa5:cool:

[woodwa5]

I have just spoken to the abbey who have admitted to me that the instant overdraft fee is a charge for returned direct debits. This is surely them stating that they have just changed the name of the charge and it is not as they previously claimed a service fee. The arogant gent I spoke to called it a 'charge' so surely that's ruined their shiney new terms and conditions,

 

just a thought

 

Woodwa5:roll:

[woodwa5]

I have not been able to afford to pay the over £200 required to file against the abbey at court yet and in the mean-time have had poads more problems with them which resulted in me leaving them in January. Since then they have continued to lump more charges onto my account and also paid a couple of debit card items despite the fact there was no money going into the account. These were automatic debit card items which i had forgoten about. I do not and can't have an overdraft facility so how the hell can they pay them? Any way today I received the following letter:

Important you should read this carefully

This is a default notice served under section 87(1) of the Consumer Credit Act 1974.

 

Dera Woodwa5

Overdrawn Balance: 394.47 (plus interest and fees)

 

Nature of Breach: Management of account not in accordance with termas and condition

 

Action required to remedy: Payment of the overdrawn balance of £394.47 (plus interest and fees) to us within 14 days of service of this notice.

 

If the action required by this notice is taken before this date shown no further enforcement action will be taken in respect of the breach. If you do not take the action required by this notice before the date shown then further action may be taken against you.

 

We may take legal proceedings for recovery etc etc

 

You should contact CAB etc etc

 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

 

I am fuming and worried. I can't afford to take them to court at the moment (and would not qualify for help financialy). They have my claim logged (which is well over £7k). I have a couple of credit card claims which i am about to file in court over the next few days and will use some of the money from that to file against the Abbey and Nat West for bank charges. I can't believe they have the gall to issue me with a default notice.

 

How should i word a reply?

 

Also they are now saying they are going to charge me interest at the higher rate. Should I now look at counterclaiming all charges against them at the higher rate?

 

Please help!

 

Woodwa5:mad:

[woodwa5]

another day another letter from the shabbey. This time they are threatening to put a default notice on my account if i don't pay up within 28 days. i thought they had already done this!?

 

i need to reply asap. shall i issue them with a section 10 letter?

 

woodwa5:mad:

[woodwa5]

Just spoke to the Abbey and asked whether they have popped default notice on my file and they said I have 28 days from 29/5 before this will happen. This now makes it doubly imporatnt that I pen a reply.......PLEASE HELP