Help...Panic stations already !!!!

[sapphireeyes]

Hi,

 

Have been reading about you all on this site and have finally plucked up the courage to claim back from the Abbey.

I've managed to get all my account information for the last 6 years and worked out they've taken £2800 off me! At the stage of writing a letter to ask for a refund on this. But confused already. I keep reading about Statutory and Contractual interest. I think I've finally got the gist of which is which...and when to claim for it. But a little worried about Contractual interest. Have we got to claim for it? as I keep seeing that the bank wont take us seriously if we don't(won't this make it more difficult to claim though?)....and how do I calculate it?? I have found the spreadsheet on Statutory interest .... but thats it. Can any one help me please?? I don't want to stumble at the first letter.

[charleyfarley]

Hi sapphireeyes,

 

It took me five attempts to spell your username..........., from now on you're SE!!

 

I've recently written a long post on another thread about this, so give me a minute and I'll find it for you.

 

The single most complex issue on here that confuses everyone more or less is the subject of interest.

 

it goes like this...........There's four types of interest that are discussed but people confuse things by calling them all "interest"

 

1. o/d interest is legitimately charged on authorised o/d's

2 unauthorised o/d interest charged as a result of the charges. If you can strip out this element from the total interest figure on your statements then you can reclaim it.

3. 8% s.69 interest is the interest that the courts allow you to add to your claim. this is the rate at which you charge the interest and can be applied from when the charge was first made on your account. There are spreadies in the A-Z index to do all the hard work for you.

4. CCI..Compound Contractual Interest, which is the most complicated one of all..........basically the banks charge you at their highest interest rate for all unauthorised borrowing. The theory goes that their charges are unauthorised borrowing from your account so you should be allowed to charge them a similar rate for the time they've had your money. the two key words are mutuality and reciprocity. The Banks wil lfight you to a standstill over CCI, so if you wish to go down this route make sure you understand it FULLY..............but then don't do it

 

It's complicated but you did ask:wink:

[sapphireeyes]

Hi charleyfarley,

 

Many thanks for getting back to me....you're right it is complicated But is it true that if I dont try and claim contractual interest back that they wont take me seriously??

[Michael Browne]

But is it true that if I dont try and claim contractual interest back that they wont take me seriously??

No, 95% of claims do not include CI.

[sapphireeyes]

Thanks Michael, Well here goes found a template letter on here so off to give it a go.

[sapphireeyes]

Hello again,

 

Had a hectic couple of weeks. But finally got around to sending off my prelim letter and break down of charges requesting repayment of £2674.50.

 

I've already recieved a response...the fastest one they've ever sent. From what I have read on here it's just a standard letter saying that they are sorry I am unhappy and will investigate my complaint quickly, but in a timely and satisfactory manner. I will wait until the 19th before I send out the LBA.

 

I am a little concerned about the section that refers to the possibility of my employing someone to act on my behalf and that Abbey will not be liable for any costs incurred as a result.

 

Is this informatilon correct? or is it just bullying tactics??

 

Would anyone recommend getting a solicitor??

 

I have already sent out an LBA as I am stil waiting a full breakdown of charges for 2004. The 7 days are up today so will contact the OFT.

[Leecabs]

Hello Sapphireeyes,

 

dont listen to them just stick to your steps LBA on the 19th June and then its time to submit the N1 claim form on the 3rd of July.

 

Just remember Abbey dont turn up to court coz they are big sissies

 

You do not need a solicitor, if you needed to appeal or went to a high court I would reconsider but this is never gonna happen!

 

I would start preparing my N1 form so its perfect! (Thats if you want to use a hand written one like me!)

 

Best of luck!

 

Leecabs

[pathanos]

Hello Sapphireeyes,

 

dont listen to them just stick to your steps LBA on the 19th June and then its time to submit the N1 claim form on the 3rd of July.

 

Just remember Abbey dont turn up to court coz they are big sissies

 

You do not need a solicitor, if you needed to appeal or went to a high court I would reconsider but this is never gonna happen!

 

I would start preparing my N1 form so its perfect! (Thats if you want to use a hand written one like me!)

 

Best of luck!

 

Leecabs

 

 

just one point i would like to say only ever claim for the 8% intrest

[sapphireeyes]

Thankyou very much for you advice guys.. Really appreciate it. Starting to get a bit worried about the thought of N1's and court. But I will start preparing for it.

[sapphireeyes]

Hello again,

Not been on for a while...I've been knee deep in paperwork for a road accident I was in 3 weeks ago. Not my fault I might add, A recovery truck backed into me Been feeling a bit sorry for myself

 

I did submit my LBA on the 19th. I also requested the T & C s for my account as I realised I'd forgotton to put that in with my Prelim letter. I've had not response. But suddenly realised that I've lost track of time completely. I have only just started on my N1 which now means that I am late in submitting it to the court. Does anyone know if this will affect my claim??

 

Thanks

 

A x

[ohoh4312]

Hi there - its me again

 

So sorry to hear about your accident - life is not treating you well at the moment, but, so they say, things can only get better!?!

 

No, you have not in any way compromised your claim; they may think you have backed down, but oh how wrong they are!!

 

Just go ahead as soon as you can, and do not worry!!

 

Very best regards

 

Jo xx

 

ps just got your message - not a problem ok? glad to help xx

[sapphireeyes]

Hello Jo,

 

And welcome to my thread. Sorry not a colourful as Loz's:) Now got the interest straight (again thankyou for your help) Shall keep at filling the N1 in.

 

Would you happen to know what I should do if they still don't send me my T & C's?? I'm still waiting for actually statements for 2004. They've sent me 3 separate copies of a statement of charges for that period. Starting to think they're taking the perverbial.

 

Take Care

 

A xx

[ohoh4312]

Hi

 

Don't worry about the T & C's - back to 1998 are downloadable from this site; they are only needed for the Court bundle, if you have to go that far, and even then are not as imperative in Abbey cases as for other banks.

 

Are they outside the 40 days from the SAR? If so you can go down the Non-Compliance route.

 

Tell you what, I am "cream-crackered" :o - will post back tomorrow when I am a bit more with it, if thats okay?

 

Best regards

 

Jo xx

[sapphireeyes]

Oh Bless you.

 

Know how you feel. Between work, children and mad house never have a minute. Thats why I'm on here so late.

 

Thankyou very much for answering Jo. THink I may have a problem. I understand that the T & C's have to be from when I opened my account. And that was approximatley 1991. In which case should I be worried.

 

Secondly when I first requested my information I hadn't found this site and just phoned up and asked...too polite for my own good;) They did go past the 40 days. I made the mistake of sending them a LBA that I was going to go to the OFT. BUt with the car accident e.t.c never got around to it. I did phone them up about another matter and asked then. I was assured that they would be sent out. But have only recieved 3 more copies of the same statement. Was going to mention it on the N1. CAn I do that?

 

Regards

 

Axx

[ohoh4312]

Hi Sapphire

 

Quote: "Know how you feel. Between work, children and mad house never have a minute. Thats why I'm on here so late."

 

DITTO!!

 

Just done 3 hours of ironing, and completely whacked, but heyho thats life I suppose!

 

Have you had a look at the non-compliance threads?

If not, this is the link to the template letters:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

and then the POC's for a Court claim under DPA are here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

 

I don't know a lot about it - they sent me my data within the time, but if you have a read on these links I hope it may help.

 

All I do know is that you can submit an estimated claim, with the condition that you have the right to amend it when they supply the data you need, and they are then liable for your costs to do that.

 

Sorry I can't be of more help

 

Off to bed with my list of things to do tomorrow firmly imprinted in my brain

 

Good night and best regards

 

Jo xx

[sapphireeyes]

Hello Jo,

 

THankyou for the threads, Have had a look at them. And am going to write to OFT as have found a complaints form. See what happens then. With regards to the T & C's should I be worried? or do I just do the oldest one I can find.

 

Hope your having a great weekend.

 

Take care

 

A x

[sapphireeyes]

Hello back again already.

 

Please I need a very quick reply. Have a kid free house at the moment - peace, bless them. Doing my N1 and not sure about this question..

 

) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]

 

Date when the money becomes owed to you. Does that mean the date the charges actually started or the date I first applied to the bank for a refund of my charges??

 

The date I am issuing the claim, I assume means the date I submit my N1, yes?

 

I really would appreciate a quick reply from anyone..desparate to get this in on Monday.

 

Many thanks

 

Ax

 

[Michael Browne]

1 Date of your first charge

2 Date you submit the claim

[ohoh4312]

Hi

 

Sorry didn't get back to you yesterday - really busy day, but still didn't stop me waking up at 5:40 this morning!!

 

Glad to hear you are doing the N1 - is it all ready to go?

 

Re the T & C's - yes they are supposed to be from the time of opening the Account, but as I said don't worry too much about them at this stage.

 

If you get to Court bundle stage, then I would download the earliest ones available; your correspondence shows that you requested them from Abbey and they ignored your requests, so thats another feather in YOUR cap!

 

Have a great day

 

Lotsa luv

 

Jo xx

[kog]

If you have your wits about you you will reclaim CI. I did and got every penny back.

 

Otherwise the banks have had your money interest free for however long it was since it was parted from you, illegaly.

[sapphireeyes]

hello all,

 

Thankyou so much for your advice. Sorry I've not answered or been on. Had to sort out everything from my car accident a few weeks ago. They me my car had been written off and gave me a week to find a new one before they took the hire car off me!! Been frantically sorting that one out plus additional paperwork. All done now hopefully.

 

Anyway I digress.. I finally submitted my N1 and have had letter from the court saying they have given Abbey until the 3rd of August. Now it really begins. :o gulp..any advice would be gratefully recieved. Just waiting to hear from Abbey.

 

Bye for now TC

 

Ax

[Leecabs]

Exciting wishing you all the best of luck there is a lot of waiting now 14 days for the acknowledgment then another 14 days waiting for the defence.

[sapphireeyes]

Thankyou Leecab, really appreciated. Can I just confirm that if they haven't replied by the 3rd august then I submit a judgement and if the file and acknowledgement the court will inform me and give them 28 days for a defence?

 

Kind regards

 

Ax

[Leecabs]

Basically they have 28 days from the point the court issues your claim you will recieve a piece of paper saying Notice of Issue from the court. Abbey have 14 days from the date the court issued against them to Acknowledge the claim, then once they have Acknowledged they have a further 14 day to send a defence to the court so thats 28 days in total from the date of issue by the court.

 

Hope thats clear x x

[sapphireeyes]

Thankyou for replying again. Just got in from work today and they've sent me a letter saying sorry I am unhappy with charges e.t.c and although the charges were correct, as a gesture of goodwill, they are happy to refund me £180!! which will be in my account in the next 10 days. That a full investigation has been carried out and that they will keep my file open for the next 8 weeks.

 

Can't believe that...with interest I've asked for over £3000. Not really sure what to do with this one. Certainly don't want to accept it. I'll have a look on the site later when I have sorted out my children. But can anyone advise me on this one please.

 

Kind regards

 

Ax