Abbey Fob Off???? - **I WON**

[Janeyh]

Well done Rayo, I'm 4 days behind you so I've got some idea of how you must be feeling. I'll let you know for sure on Tuesday

 

If the recent success stories on here are anything to go by, we'll cope!

 

Hopefully, you can just sit back and relax now and wait till your money comes back

 

Good luck

[rayo1973]

Particularisation?

 

Can you give me a few pointers please?

 

Cheers

 

Rayo1973

[rayo1973]

Good luck to you too Janeyh

 

I think we'll be fine. And with a great bunch of people behind us, it makes it easier to deal with!

 

Cheers

 

Rayo1973

[Jane Austen]

Particularisation is the posh name for your spreadsheet detailing the charges.

 

Good luck

[rayo1973]

Ahh, right. Now i get it.... Sorry, bit early.

 

I have that already done out, and sent a copy to the abbey with my prelim letter. I take it i should now send another referencing the claim? Also, will i get a written confirmation from moneyclaim, so that i can get an address to send the particularisation to, or does anyone have it?

 

Thanks

 

Rayo1973:)

[Jane Austen]

Yes, you will get confirmation, but there is the option to print off the court form once you have finished on moneyclaim. This has the court address on it.

 

Cheers

[rayo1973]

No Worries

 

I will go back into my claim and see if i can get the details from that. Thanks

 

Cheers

 

Rayo1973

[rayo1973]

Hi Guys

 

Just checked the moneyclaim site and the claim has been started (oooh). They have asked if i want to either:

 

 

Do you wish to enter Judgment by Default or by Admission? Please select one of the options below:

The defendant has not filed an admission or defence to my claim

(Judgment by Default)

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.

The defendant admits that all the money is owed

(Judgment by Admission)

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request

 

 

I take it that judgement by default is the one to go for, or am i missing something?

 

Thanks

 

Rayo1973

[gordonhall]

As far as I understand it (I'm at the same stage as you but with HSBC), you need to wait until the deadline passes, and then you can claim for judgement by default. Otherwise, Abbey will back down and offer to pay you everthing, in which case you will choose the other option.

 

Sit back and wait for your deadline to pass.

 

 

All the best.

[rayo1973]

Hi

 

No worries, just sit back and hope they do nothing it is. Then atleast it is clear which way to go - hopefully.

 

 

Cheers

Rayo1973

[fergal71]

I am in exactly the same boat they have until wednesday to enter defence or acknowledge.... bit scary but very exciting there is no other outcome other than nice holiday for me and a new claim for 1995 - 2001.... I am going to try and go back in 6 year chunks since i started work 18 years ago.... Maybe they will take me to court or something I hope they do,

[rayo1973]

Hi Folks

 

Well, guess what, they are at it again... I got the following letter yesterday, dated 8th June (the day before the LBA run out) but posted second class of course - nothing but the best from abbey customer services:

 

Thank you for your letter dated 10 April 2006, with regard to your Abbey Current Account. I apologise for the delay in my response.

 

I have carefully considered the points you have raised, namely that you feel the charges are contrary to the Unfair Terms in Consumer Regulations 1999. The fact remains however that the charges in question were prompted by payment requests against insufficient available funds. As such, they are valid and in line with our terms and conditions.

 

We do not feel that abbey’s charges are unfair under these regulations. When you opened the account with Abbey, you were provided with Terms and Conditions that detailed the charges that become applicable should you breach the terms of the account and you accepted them and the penalties incurred should you do so. As such they are valid and in line with our Terms and Conditions.

Abbey is up front and transparent about all its banking charges as set out in the tariff of charges. Our current account is good value and our charges compare fairly with other banks. For most, people, banking is free and they do not incur penalty charges.

 

I accept that you did not set out to incur charges. Ultimately however, it is your responsibility to monitor your account and insure there are sufficient funds in your account at all times. As such and given the above, I do not feel that a waiver of charges is justified. The charges in question therefore stand.

Most banking transactions are automated, but when there are insufficient funds in an account, a specific team must manually process the payment. Processing unauthorised transactions is costly and our charges will reflect the administration involved in handling each transaction

 

Should you be dissatisfied with the outcome of our investigation, I would like to remind you that you can refer your complaint to the financial ombudsman service. I enclose a booklet explaining how to take your complaint to the financial ombudsman service, and should you wish to do so, there is a time limit of six months from the date of this letter.

Yours sincerely

Chantelle Esposito

Customer Resolution Manager

 

 

As far as i can see this is basically a re-hash of the last fob off letter, but the one thing that clearly stood out in this one is the fact that nowhere in the text do the abbey claim that their charges are not unlawful - unlike the first fob off letter. Not sure how significant this is???

 

Anyway, just keeping you all up to date. My claim was issued 12/06, so now it will be interesting to see what they throw back at me now?

 

Cheers

 

Rayo1973:-|

[Movingon]

Standard letter worthy of huge amounts of ignore-ment.

 

:D:D

[rayo1973]

Cheers Tom

 

I know what you mean, it is laughable the way they keep trying with these cut and paste type letters.

 

Rayo1973

[rayo1973]

Hi

 

Right, just popped my letters with particularisation in the post, i sent one to the court, one to abbey head office and one to the branch where i had the account. The letter was as follows:

 

13 June 2006

 

Northampton County Court

21-27 St. Katherine’s Street

Northampton

NN1 2LH

 

 

Claim *******

 

 

Dear Sir/Madam

 

With reference to the above claim, please find attached a copy of the particularisation giving a breakdown of charges being claimed for.

 

I have also forwarded a copy of this to the Abbey branch which I held my account with at Leatherhead, and also to the Abbey Head Office in Triton Square London.

 

 

Kind regards

 

 

Is this ok?

 

Cheers

 

rayo1973

[Movingon]

Yep! Fine.

[rayo1973]

Thanks

 

At least now there can be no stalling tactics from them with not being furnished with all the details - even though they have it all on file anyway.

 

Cheers

 

Rayo1973

[rayo1973]

Hi

 

Got my letter form the court acknowledging the claim being filed - bit wierd getting post from the court, but felt good when you have in your hands in black and white, so the lovely people at abbey can't fob off the court. ha ha.

 

They have until 1/7/6 to reply, so no doubt they will and try to drag it out...Grrr!

 

Will keep you posted

 

Rayo1973:)

[rayo1973]

Is it just me or is this waiting game really tedius?????

 

My claim was issued on 12/6 and will be deemed to have been served on 19/6, so they have til 01/07 to respond. All they excitement and aprehension building up to it and now the sitting around is making me anxious....

 

Cheers

 

Rayo1973

[lknox]

Agreed - but take comfort from the fact that you are much further ahead than many of us! Luckily for me I had all my old statements as I needed them as evidence in my divorce hearing, so I don't have the interminable 40 days wait.

 

Sent my Prelim letter 16/06/06. What do you reckon - does the 14 days run from 16? Or from 19th (God, was it only yesterday??), when I know that it was delivered? What did you do?

 

It is a long wait, but I can see the light at the end of the tunnel - you're nearly there!

[rayo1973]

I must admit, i was lucky enough to have my statements. normally i am rubbish at keeping stuff like that - bit stupid really, and from now on i am a definite hoarder of anything bank related.

 

I have another couple of claims that i am going to be cracking on with , one with the Ulster Bank, and one with MBNA, but i have to go down the DPA route with them, so i should get used to the waiting around?

 

Is it 01/07 yet?????

[Movingon]

Agreed - but take comfort from the fact that you are much further ahead than many of us! Luckily for me I had all my old statements as I needed them as evidence in my divorce hearing, so I don't have the interminable 40 days wait.

 

Sent my Prelim letter 16/06/06. What do you reckon - does the 14 days run from 16? Or from 19th (God, was it only yesterday??), when I know that it was delivered? What did you do?

 

It is a long wait, but I can see the light at the end of the tunnel - you're nearly there!

 

A letter is deemed received 2 days after it is posted... so they received it (yes they did!) on the 18th and that's when your 14 days begins.

[rayo1973]

Funny how you remember things. When i was at uni (10 years ago - yikes:o ) i studied business law. Forgotten most of it now, but i remember that the postal rules is applicable from the date the item is sent, as marked by the postal frank, which is deemed as a legal stamp - after all it is fradulent to try to alter them, and likewise it is the reason why all franking machines in companies are controlled by a key. Basically, whatever date your letter is franked with, then that is the date it is deemed to have been sent. So no matter how slow the mail is, or if some numpty forgets to put it in the correct tray, it is the franked date that counts.

 

Sorry for waffling, but i just got a flash back from what seems like a long time ago......

[lknox]

So in that case it would run from Friday. It seems a bit picky worrying about the odd day here or there, but like you, I'm itching to get moving.

 

Thanks for your help/waffle. It's a learning curve and every little bit of waffle helps. Isn't it funny how the process takes over your every waking minute!!

L

[rayo1973]

No worries L

 

I am sure with the combined knowledge of this group, we could have the abbey sobbing in a corner.... ha ha ha!

 

I agree though, when it comes to the stage of issuing the claim, because the court issues it then the shabbey cannot ignore it like they do us minions, so the court can uphold the timescale, and we don't have to worry about it.

 

Cheers

 

Rayo1973:-)