Cherryblossom10 V Abbey

[cherryblossom10]

My story so far is that i am trying to claim back over £2000 abbey have taken from me in bank charges. Sent LBA and Abbey offered GOGW £265. No way that is good enough! Am going to reject this. Please forgive me if it seems like i'm asking silly questions but don't have loads of time to go through all the bumf on the site (although i try my best) as i work full time and have 3 kids.

 

I will look for a template letter to reject GOGW and from what i can gather the next step will be to file an N1 form with the court. How do i do this?

 

Also have been reading a lot about people needing T&C's. I opened my account way back in 1989. What T&C's will i need. Just the ones from that year and the most recent? Is there anything else i'm going to need? :-?

 

ANY help will be appreciated. Have even thought of giving up if it's going to be a long complicated process but then they will win which i do not want!!

[clarion48]

well it won't be quick.....not with the overloaded court process.

 

the N1 claim form is in the bank template library. you can either file at MCOL (moneyclaim online) or at your local county court. either way you need to be sure you read about what to write in your particulars of claim - same template library - as this is important to get right. whether you decide to go the mcol route or local court you will have to pay a fee, which depends on the size of your claim - mine was £120 - this is payable when you file.

 

as the process goes on you will need to start gathering info for your court bundle....the basic bundle is in the bank template library - also in there, and what you need to do now is fill in a spreadsheet of your charges.... this will need to go with your N1 when you file and a copy to abbey.

 

you do need to read lots...to familiarise yourself with the process and where you are at in it......also, because although lots of people will help you when you need help.....this is a self-help site. don't let that put you off......lots of people on here have young families......and there are lots of very knowledgeable and kind people who will answer your questions and point you in the right direction.

 

all the very best

[cherryblossom10]

Just wondering what is best MCOL or N1? Is any one of them quicker or easier?

[jules1973]

I have gone down the N1 route as you can fit more in your Particulars of claim, also I issued mine on Friday and it will be deemed as served today (18th), plus you dont have to wait for MCOL to transfer it to your local court.

[clarion48]

Totally agree with jules....filing your N1 directly at your local county court is quicker. With MCOL you file......wait for it to be served.....wait for the defence to be entered and then wait for it to be transferred to your local court.................much easier to go there yourself in the first place!!

[cherryblossom10]

ok, have decided to go N1 through local court. Just filling in the form now. Have a problem though. Before i found this brilliant site i was previously looking on another which advised me to add 8% interest at the preliminary letter stage. Which i did. I think i should therefore stick to the interest amount i added at that stage and not amend it again. Don't want to look stupid if i end up in court and i have changed the interest amounts. Also, i am using the quote from the template library to put on the particulars of claim sheet. Is this what everyone else has done? If so what do i put as the daily rate of interest?

One more thing, do i send only my schedule of charges x3 or do i also need to send the copies of abbey statements/microfiche printouts.

 

Sorry for all the questions. anything else i need to know to send with this form?

[cherryblossom10]

Bump, anyone?

[einyuk]

hi cherry

 

i also used the N1 pdf format for my claim because of the POC issue.......ur daily rate is the charges x 0.00022

are you claiming overdraft interest?

also i would update the interest at the time of court action plus you can add any more recent charges since your 1st letter to abbey

[clarion48]

I started out on the same site as you.....it's not a problem. The spreadsheet works out the statutory interest for you.....after you have filed then interest is claculated at: amount of your charges x £0.00022 - this will give you the daily rate and this can be claimed from the date of filing until settlement. For your 'Particulars of Claim' you just need to put the daily figure you arrive at eg. mine worked out at £0.66 per day.

 

Using the quote from the template library is fine. Lots of people have done that.

 

All the court needs at this stage is your N1 and three copies of your spreadsheet. Don't worry about anything else. Just go for it!! Good Luck!

[cherryblossom10]

Just wanted to say a big thanks to all those who have helped answer my queries. I am a bit of worrier and have been a bit scared of doing all of this. will be scared stiff if it actually gets to going to court! Knowing thats wot SHABBEY are banking on and hoping i drop out is what is spurring me on. I have now finished completing N1 (releif) and am ready to file! Bring it on now. Have no idea wot is next and havn't got a clue wot things to pt in my bundle. Will keep reading the the threads and the library section.

 

I am feeling a bit braver and even considering starting to claim back from Halifax now. I hear they are easier.

[clarion48]

Cherry my luv, it will not go to court so please stop worrying right now. My case was due in court next Thursday......Abbey settled it in full this morning......hooray!! Waiting for the cheque now and going to file a wasted costs order.

 

Once you have filed Abbey will acknowledge and then they will defend. This is all standard stuff.....even their defence is standard so don't be put off by it. This can take a few weeks.....the court will inform you as it goes along.

 

When their defence is filed the judge will decide whether to ask for Allocation Questionnaires (you could be reading up on these in the Bank Templates Library)......they may decide to dispense with it and you'll get a hearing date and directions from the judge. This is a while away yet....but start reading up on court bundles......you may not need one....depends on the judges directions!!

 

All the very best

 

Anita

[cherryblossom10]

Congratulations Anita!! you must be really pleased. Filing at staines county court tomorrow. Can't wait to get going now.

[clarion48]

That's it luv........you just go for it!! You'll be laughing all the way to the bank!!

[cherryblossom10]

Done it. Filed N1 at local county court in staines. Told me it would transferred to Guildford if it goes to court. Don't know why though.

Will send rejection of GOGW (using template 5) but not sure who to address this to. Can anybody help. Also, would it be worth sending letter to Inga to request out of court settlement?

[jules1973]

I filed mine at Basildon, but according to another claimant who lives not far away, hers has been transferred to Southend as Basildon court is only small and cannot cope with the amount of claims. (Obviously we in basildon are not good at money management)

 

Dont send an email to inga until you have a court date, they dont seem to respond to you until they get the date and verify your claim.

[cherryblossom10]

Thanks Jules, i will wait for court date then. Reading up on AQ next.

Thought Surrey where i live was meant to be an affluent area but must be loads of people here who can't be good at managing money either because all the courts round here are overloaded and can't cope. I am starting on Halifax now as well. Just requested statements. Won't be for a lot but whatever it adds up to is mine not there's!!

[cherryblossom10]

Hi all, just an update with whats happening about my claim.

I filed N1 on 20th June, deemed served on 23rd June. Abbey have until 9th July to reply. I sent a letter rejecting GOGW and authorised Abbey to withdraw the amount from my account (they havn't).Also advised them i had filed N1. Today i received a letter from Richard Harris saying he has just received details of my complain and is sorry that they have not been able to resolve my concerns. They will review paperwork and reply within 4 weeks.

[einyuk]

hi cheery

 

had the same letter as you from mr harris........not heard even a whisper since an that was in april.

 

good luck

[jules1973]

Hi Cherryblossom

I had exact the same as you, got gogw, rejected it, told them to remove it (they havent) and got same as you from Richard Harris. More standard rubbish they churn out.

[cherryblossom10]

Update. Abbey acknowledged my claim and intend to defend in full. I know the AQ stage is next but should i start preparing a bundle now as well? How long till i receive AQ? Hate all of this waiting around.

[cherryblossom10]

Another update. Received a copy of Abbey's defence today along with the paltry 65% settlement offer. It works £1000 less than what i am claiming so no way am i accepting that! Am going to send another letter requesting 90% settlement which i will be happy to take and give them 14 days to reply. Should i mark this WOP or not. Also, how long till AQ is sent to me?

[jules1973]

Cherryblossom

It doesn’t really matter if you mark it WOP or not, you wont be able to use it in your court bundle either way, as it relates to a letter that they sent you marked WOP, so it forms a part of a chain and you therefore cannot include a letter replying to a WOP letter. (Gets confusing doesn’t it).

[cherryblossom10]

letter received from my local court this morning telling me my case has been transferred to guildford. Is anybody else going through guildford and why do they transfer you?

[ICY]

Mcol can only deal with a case up until it is defended, after the bank defends it gets transferred to a local court to you, this is normal practice dont worry

[Lula]

ooooooooo you lucky begger, guildford court is one of the most sympathetic to claimants, when you get the AQ to fill in, look at the stickies and see the Abuse order strike out thread, this should be included as part of your AQ and it sometimes works at Guildford

 

MCOL is like a clearing house for the online court service, the move them to your local court once it have been acknowledged