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Ilikelurpak Vs Abbey


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here we go

got my statements worked out what they charged me and added the intrest.

 

Sent my letter to reclaim 16th April (2674.00 + 705.87) total 3379.97

 

Received fob off letter 26th April (i'm gonna give em four weeks)

 

waiting for 26th may

 

If anyone has any thoughts or anything to say please do so

 

Many thanks

 

regards Andy

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Hi Andy, I'm new to this myself although i would suggest if they dont respond positively to your 1st letter after 2 weeks send the second letter threating court action.

 

Hope this helps a little

good luck

Hugo

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Hi Andy

 

Hugo's right! If you put 14 days in your prelim letter then you should stick to your own timescale, it's your claim not Abbey's, they'll just keep fobbing you off in the hope that you'll give up.

 

Have look at the FAQ's and the step by step guide! They should help!

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Guest louis wu

Andy, what interest are you charging? is it the statutory 8%, or is it O/D interest?

 

As Hugo says, I wouldn't give them 4 weeks (would they give it to you?), as it's a 14 day deadline and if thats what you stated, then stick to it. You won't get any additional favours for being generous to them.

 

Do keep reading, as the more knowledge you acquire now, the easier you will find things later.

 

Keep posting, and best of luck

 

louis

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Guest louis wu

Knelly, are you following me, or am I following you? :D

 

At least we are giving the same advice, and we both can't be wrong.;)

 

Louis

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Guest louis wu

Andy, you shouldn't be adding your 8% yet, it gets added at court stage. It's not a huge mistake, but it will make Abbey believe you don't know what your doing.

 

Have another refresher of the step-by-step instructions in the FAQ's, as it's always good to have another look.

 

Is there any reason you haven't looked at O/D interest. I know it looks complicated, and I could never use the spreadsheet, but if you look at it like this, you may change your mind (and its not too late to do so)

 

If you are £1000 o/d, and your charges total £1000, then you can claim ALL the interest charged that month.

 

If your charges total £500, then you can claim HALF your interest charged that month.

 

The way I done it was to have a running total of charges, and compared that to my current o/d (month by month). I worked out what % of my o/d was charges, and then claimed that % of my interest back. It’s a bit time consuming, but as it’s YOUR money, it’s worth it. Have a look at your statements, and if your O/D interest was as much as mine, it may be worth reconsidering.

 

Any problems, let me know and I'll have another go at explaining it.

 

Louis

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Hello again just to let you know i goto home and the wife said some one from the shabbey has telephoned ooooooohhhhh What do you think shall i just print my lba of and post in the morning or shall we see if i can get a successful claim off one letter sent??????????????

 

 

 

regards andy

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Well what does any one think of this email i may send tonight If you think its rot let me know I will of course follow the email up with a letter recorded delivery

Regards Andy

 

 

 

 

 

Dear Mr Nanson

 

Ref ref CMS xxxxxx account number xxxxxx

 

Further to your letter dated 24th April 2007. In relation to my request for a full refund of charges that have been applied to my account. In my opinion you have had more than enough time to investigate and settle this matter and perhaps as your letter quoted "Although I do not know what the outcome will be, I do hope that we will be able to find a solution that you are happy with."

 

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBERxxxxxx

 

I am very disappointed that you have failed to respond to my letter which you received in April.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculated that you have taken £2674.00 plus as I believe I have been unlawfully deprived of the money I have calculated £705.87 interest at the statutory rate, the amount the court will award.

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Good Evening

 

 

>

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Guest louis wu

Andy, the email looks fine. The only problem is that Abbey and common sense aren't good bedfellows. You will either get the standard response, or no response.

 

I think its a good idea to start thinking of this as in terms of months not weeks, and you will need to get to AQ or court bundle stage before they make you a full offer. They honestly believe that it's in theor interest to stall for as long as possible in the hope that you will give up (You know you wont, I know you wont, but they dont), as it only needs 1 in 10 to do so and its a viable tactic (and the number has probably been a bit higher than that in the past)

 

As you said, follow up your email with a recorded delivery letter, enclosing your schedual of charges. You shouldn't be mentioning the 8% at this stage, although its not a big mistake.

 

Give tham 2 weeks and then owards to the next stage.

 

Good luck

 

Louis

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I have used the template letters from moneysavingexpert.com - I hadn't heard of this site at the time - and these tell you to add the interest up front. Who is right as I have now filed my claim in the court?

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Guest louis wu
I have used the template letters from moneysavingexpert.com - I hadn't heard of this site at the time - and these tell you to add the interest up front. Who is right as I have now filed my claim in the court?

 

 

I think you are confusing O/D interest and the statutory 8% interest.

 

O/D interest is added from letter 1, whereas 8% is a court amount, and is not claimable before that stage has been reached

 

Louis

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thank you louis wu i have edited my post am i daft or what putting my name in eh shhesh.

 

Following your previous posts my lba letter doesnt mention the 8% interest and im gonna send my email tonight with out mentioning the 8%

 

Further to this my colleague today mentioned a case been lost today or yesterday i havent seen the news it apparently got to court and the judge ruled in favour of the bank i do hope that was down to bad planning and the worm hasnt turned against us?????

 

 

once again thanks for your post earlier

 

regards andy

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Have you been living in a cave? lol...anyways don't worry about the case that was lost have a read here if your are unsure at all http://www.consumeractiongroup.co.uk/forum/abbey-bank/90404-lloyds-win-abbey-consequences.html#post825310

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

Andy, Noobrider is right, I think the claimant against lloyds must have made some pretty fundamental errors.

 

Its unfortunate publicity, but the upside is that perhaps people will not take this process for granted anymore. I have banged my head against bricks walls with some people, the ones that ask questions and then don't bother listening to the answers....until they get it wrong and then need help again.

 

Andy, your doing fine, getting the basics right and learning as you go, unlike someone I spoke to yesterday.

 

Can you believe I had a member asking about spreadsheets and interest yesterday....he didn't know what they were. He had based his claim on an estimate? Fair enough for someone brand new to this, but this guy had submitted his court claim and was now regretting it. To make matters worse, he had been specifically pointed towards the step by step instructions, where point 1 was....send a S.A.R - (Subject Access Request)'s request.

 

I told him to start again and get it right....if he's not going to listen to the most basic advice, then why do we bother. Anyway....rant over, and no subliminal messages aimed at you, just pointing out how and why Lloyds could have managed this 'victory'.

 

Keep at it mate, we're here to guide and advise, and don't worry about the ruling.

 

Good luck

 

Louis

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cheers louis wu

 

My lba has gone today and am now reading through the step by step again got it booked marked this time so its easier to find.

 

my posting date is today 16th may 2007.

 

I'm giving them 14 days so i should lol hear from them some time next week or the week after.

 

Should i add a couple of days for safety, so when the evidence gets to court it shows ive given them ample time in each step to submit a reply

 

or

 

Do i just crack on with the claim on line?

 

of course im aware of the variables, of possible replies (if any) I may get such as full and final offer of a lower amount so ive got an acceptance in partial payment letter ready as per step by step guide.

 

Should i be physically doing anything else such as getting the wording for mcol copied and pasted ready to go?

 

Once again many thanks

 

by the way im pretty thick skinned so if its rot just tell me i appreciate any help what soever hey found the comma button on the keyboard lol,,,,

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Guest louis wu

when the 14 days is up, send the next one.

 

I would lay off the MCOL for now, just have a look at some of the other threads, KnellK's is a good one, and have a general read.

 

Louis

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so i should lol hear from them some time next week or the week after.

 

Don't bank on getting a reply from them at all, as Louis says move on to the next step once the 14 days have passed!

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Ok Knelly K and Louis Wu

 

I've read your posts and the next step once LBA 14 days is up is

 

 

MCOL..(if no response or a paltry offer, sending a I 'll accept it in partial but see you in court letter as per step by step guide)

 

Once again many thanks

 

Ooh by the way I've started another thread, in lloyds just sent my sar off.

If you have a mo would you mind, having a read

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Hi there

 

Just been reading about copies of communications between me and abbey

 

Thing is i have a copy of initial letter i was going to send to abbey but i re printed it with a different date and forgot to print another one off I cant remember the exact date it said is it going to be alright just to print out an exact copy and omit a date or what thing is had to do a reinstall of xp so i lost it. have an original of the first one i was going to send but the date is out by about 2 weeks

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Guest louis wu

Did you send it recorded delivery? If so, date it the day you sent the original, or if you can't find the slip, a couple of days before it was signed for.

 

It's not going to make much difference. If it comes to it, either omit the date, or give it your best guess, but make it at least 2 weeks before your LBA.

 

Louis

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