Abbey claim £2000 costs in a.q. what a cheek

[Frankey]

Hi - I get stuck at every stage despite my avid reading. I have received my list of transactions within the timeframe and am now putting together my schedule of charges. I am not sure whether I can claim for unauthorised overdraft fees which appear on my statement - when I have gone over my authorised overdraft limit. Am going to complete a schedule this weekend - which one should I choose off Vampiress's list there's a lot.

 

I am also strugging with the interest bit. I have read and reread the ?s and answers but still not clear. Anyone explain it in layman's terms to me:!:

[bish]

Hi fran

 

Yes you can claim for unauthorised overdraft fees, they are a penalty for going over your overdraft.

 

I used the advanced spreadsheet, but had the advantage of having all my original statements. If your claim is large ie in my case over £7000, then it is worth going for the interest, over £300. Do the copy statements or list of transactions show the interest charged for each month. If you have this information then on the advanced spreadsheet you enter

 

CHARGES INTEREST

Date of charge Date applied

what for Amount

Amount running total

Running total

 

Under running total the spreadsheet should do this for you. On the interest side it calculates from the account balance and charges applied for the month, what proportion of the interest is due to the charges.

I hope that is clear and that if your claim is for a small amount it may not be worth trying to calculate the interest. In that case state in your claim that the interest charged on the charges more than covers abbeys costs. Hope this helps. Good luck.

 

Regards bish.

[bish]

Sorry that is not to clear. Under the section on charges in the spreadsheet you put;

 

Date penalty applied

What penalty was for

Amount of penalty charge

Running total

 

Under the interest section you put;

 

Date interest applied

Amount of interest

Account balance when applied

Running total of interest

 

Sorry is that clear enough.

 

Regards bish.

[Frankey]

Thanks a lot Bish - yes it is clear - so basically I can claim back the interest they charged me each month despite the reason they charged it? Would there be any circumstances that i wouldn't be able to - like if I had no charges that month but still interest for being overdrawn? thanks Fran:idea:

[Glenn UK]

Thanks a lot Bish - yes it is clear - so basically I can claim back the interest they charged me each month despite the reason they charged it? Would there be any circumstances that i wouldn't be able to - like if I had no charges that month but still interest for being overdrawn? thanks Fran:idea:

 

You can only claim back interest they charged you as a result of the charges.

 

So you cannot charge interest simply because you were overdrawn.

 

Actually, thats not quite true either, to clarify this. Your claim can comprise the charges, interest you paid as a result of those charges and then you can charge them interest on top of the lot.

 

You can either charge then the contractual rate of interest OR you can charge them Sec 69 interest.

 

HTH

 

Glenn

[bish]

Glenn has that covered very well.

 

Regards bish.

[Frankey]

I've waited a couple of months to start my claim - the small claims court scenario was really putting me off but a friend at work started her attack on her bank so I decided to go for it. Having sorted out my schedule of charges I finally sent off my first letter last week and have 14 days marked in my diary before I send off my lba. I am reading a chapter of Pearl every night and wanted to know if it was a good idea to get the NI form ready now rather than expect my letters to be successful. I also paid for the other text recommended - small claims kit but never received it - not sure who to sort this out with.

 

Any advice about preparation would be welcome. Thanks

[charleyfarley]

Hi Fran,

 

I'm a bit ahead of you but I had a couple of dry runs at the N1 just to get the feel of how it all works and looks. The thing is it's all time well spent because you fill in the form,print it off and then delete the information so it's best to make your mistakes when it's not important.

 

You might well get a GOGW payment between now and when your timescale is up, which will alter your figures so anything you do now may well change, but it can't hurt to have a go can it.

[Frankey]

Thanks CF. Yes I will carry on preparing but I thought the NI was handwritten - that's how it is presented in the Pearl book - are you reading it too or using the information on the website?

[charleyfarley]

Hi Fran,

 

I'm just taking the information off this website. There are two links to the N1 on here. One is an online version of the form and one is a template to c&p.

 

I'll try and find them for you.

 

On this link under "N"

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526

 

One of the first things I did was save this link to my favourites and it's been a godsend

[Frankey]

thanks - link really helpful - whats c & p? Fran

[charleyfarley]

copy and paste

[Frankey]

der!

[Frankey]

Hi

 

in the LBA template I have included the section about writing to the OFT - sent LBA today but can't find information on a script I can send to OFT = anyone done this too - what did you write in your complaint letter to OFT - worried my threat is empty- just for interest a colleague of mine received full refund of charges from RBOS from her preliminary letter. Abbey really seem to drag it out

 

thanks

[Guest louis wu]

hi fran,

 

yes Abbey are renowned for dragging this out, but like all the banks, will pay out in the end.

 

As to the OFT, just draft a little letter outlining the oft's report - QUOTE

 

'0n 26 July 2005 the OFT stated that 'a charge is likely to be disproportionately high if it is more than a court would be likely to award if the lender sued the cardholder for breach of contract'. 0n 5 April 2006 the OFT stated that default charges which are set at more than £12 will be presumed to be unfair and unenforceable in terms of the UTCCR. Charges above this sum will be subject to legal action by the OFT'

 

I think the context is that Abbey are failing to adhere to the OFT's recommendations, and by writing to them you are just poining this out. IMO it wont do your claim any good, but the oft will hopefully be like a dam with a small crack in it. Enough pressure and they will eventually say enough is enough and make an example of one of the banks (yes wishful thinking I know, but we live in hope)

 

Anyway hope this helps

 

Louis

[Frankey]

Hi I sent my lba on the 7th March recored delivery and www. royalmail shows it was delivered on the 8th March but no signature so I do not know if it was received as I have had no fob off letter yet and I got one from my preliminary letter within days. I am going to ring Abbey later and if they haven't received it do I resend and give them another 14 days to reply? I want to follow procedure appropriately. Has anyone else had this?

[ladybird17]

err- isn't that why you paid Royal Mail extra money...so they get a signature??

 

Anyway, if you can at least prove it's been delivered just carry on with the process. Give them the 14 days - which is around about now, and file claim.

[Frankey]

Thanks for reply- yes I feel unlucky as other claimants in my office have got a signature and typical I don't get one despite my efforts. It says delivered on 8th March so I will carry on and file claim tomorrow. Just didn't want it backfiring and Abbey not recieved/ filed letter despite it being delivered. I think I will also ring Royal Mail to check if delivered means it was delivered to the address or just left the depot.

[vicky54]

Personally id ring royal mail - Compo from them if they fsiled to get some to sign for it thought that was the whole point?!

 

But begin claim now away

[pamhegs]

i sent my first letter on the 6th with a postal order in it they recieved it on the 7th well thats what it says on the royal mail web site.

how much compensation do you ask for just the £10 postal order and the postage or what

[Frankey]

Hi

 

I am not going to claim any compensation - I just want to be sure they can't turn round and say they never received it and therefore I haven't followed the 14 days to respond guidelines. Feel happy now that provided computer says delivered and I ring Royal Mail to check this then Abbey can't say they haven't received it. Fran

[Michael Browne]

Bulk RD deliveries to large organisations are often not signed for individually. As long as you have the RD receipt and RM shows it as delivered, that's fine.

Courts accept proof of posting as being delivered.

[Frankey]

Anyone calm me down? I am going to start my claim tomorrow and realised my schedule says claim from 19.9.2001 to 20.12.2007 and the last two claims are December 2007 - of course I meant to write 20.12.2006. Just been so busy and rushed all the time so didn't spot it before. I have sent this obviously wrong schedule with my prelim letter and lba. What do I do? Send a corrected one to bank with explanation and pursue starting claim tomorrow as 14 days to respond are up. I also wrote to OFT as threatened in my second letter but do not know the address - anyone know it. Everything seems to be going wrong - can't believe I made mistake on schedule. Fran (P. O.)

[Michael Browne]

What you've sent them in prelim and LBA doesn't matter. It's what you file at court that matters, just make sure the schedule is correct when you file:

Getting MCOL Right

[Robdblynd]

I had the same problem, posted special delivery, next day 9am but no electronic proof of delivery signature available, so printed off the page on royalmail.com that shows it as being delivered within the deadline. Rang the number on the track and trace page, they give a time of delivery and it seems you can get a signature copy if you want one, but it costs £2.20.

 

The fact that it's shown as having been delivered is apparently total proof that it's in their hands.

 

Good luck your claim.