HELP NEEDED A.S.A.P plz

[Ladidi]

I have just spoken to a Mr powell from Abbey and he adamant that I cannot have back my money in bank charges as he states that the ammount is justifiable in the terms and conditions and when I pressed him to send me a letter justifying the banks true costs of what it costs to pay a missed DD or bounced cheque he said I will not get this and went back to the terms and conditions.

They owe me £5k in total.

What can I do?

What is my next step? I have had a gesture of good will payment and escalated the complaint and been denied.

Where can I go from here??

 

Any ideas anyone?

[Ladidi]

Have you sent a LBA? If so you now need to file your N1 form.

 

Yup i already sent letter stating lBA ages agi giving the bank more than enough chances to settle. But would they heckers

The guy I spoke to tonite is admanant I am not going to get my money back because it was fair and just and true costs of what it costs. So he says according the terms and conditions.

I argued with him and asked for what it costs for the Abbey to deal with missed DD or bounced cheque etc and he kept saying it is what it costs as you have been charged. We was going round in circles. I feel like crying I have been through so much and was hoping to have tht moeny back to pay off my debts one of them is going to put a charge on my home if they dont get it by end of this month

[Ladidi]

First of all you now need to file your N1. Abbey are talking their usual nonsense and will start to change their tune once you file at court.

 

With regards to the creditor threatening you with a charging order, have they got a CCJ, have they got a charging order nisi, have you been making regular payments on this debt, have you sent this creditor a CCA request, if they have a CCJ did you contest it, are there any unlawful charges on the account?

 

I would also advise (if you haven't done so already) to start a thread in the general debt forum or debt collection forum with regards to the creditor threatening a charging order.

 

RORY32 Thanks so much fo ryour advise but truth of the matteris i dont know where to begin anymore.

I thought i knew it all and had it all sussed and the bank over a barrell. What if i pay this and they still dont play ball or pay out then not only am I £5k down but also £250 for taking them to court too.

I fi file my N1 how do I go tabout getting all the paperwork etc. I have been reading on here how to do it all but getting paperwork and making sure everything is correct it frightening. I`m scared out of my wits not mention feeling ill at the thought of it all.

How do I go about doing this N1?

Where do I begin?

Since I`ve started i may as well finish as they think I`m gonna run away!

[Ladidi]

Ladidi, if you are concerned about paying for court costs and potentially having to turn up in court the alternative is the FOS. This service is free to use and to my knowledge has a 100% success rate in reclaiming bank charges.

 

The link to their website and bank charges complaints is here

FAQs - complaining to the bank

 

Do you know what the Abbeys registered address is?

I have decided to go to court.

At end of day they took enough from me. I`m not going to let them take any more.

[Ladidi]

cheers for help and support. I have filed the N1 forms and printed off 3 copies and 3 copies of my break down of charges.

What now?

I have bee reading about people adding the "Abuse of process " where do i add this and how? Sound slike a good course of action.

[Ladidi]

oh and i forgot. How do I know I filled in the N1 forms correctly?

[Ladidi]

Oh yea and another thing how do I found out which is my local county court? and it the N1 and the print out of the charges all I need? Is there anything else?

[Ladidi]

Ladidi take a deep breath and stop worrying

 

Have a read of my topic there is a step by step detail of what I did and when I did it which may help you the link is in my post above, including thh abuse of process details which is done at the AQ stage you are a month or so away from this yet so again stop worrying.

 

How were you going to file your claim? MCOL or N1? N1 you take to your local court and MCOL you do on line it then get's transfered to your local court

oh and I still dont know which one to send it to? I found sunderland County court. will that do?

 

I have printed off a copy of the N1 3times and 3 x spread sheets of break down charges and 3 x earliest copies of terms and conditions.. Is there anything else I need?

What do I hand it at County Court tomorrow?

[Ladidi]

Does n e 1 know???????

 

As per my last msg above....

[Ladidi]

Your local county court is the one to send it to.

Only local county court I could find is Sunderland County Court.

Dunno if that will do.

unless i`ll have to go over the water to gateshead or newcastle. I`ll give them a ring in the morning then they can tell me which one.

once I hand over my claim and spread sheets.

What happens next?

What other information will the court want me to provide?

Gosh so full of questions and I dont even know the ansas, I must be mad, but too crazy to let the Abbbey keep my hard earned money!

[Ladidi]

Ladidi if you spend time reading the FAQ's and other peoples posts you will soon learn what the next stage is.

 

This is really important from now on that you understand the process and what is expected if you don't research properly you will have problems so research and read all you can

 

would if i could. But I work all day and only time is now!

It would be a great if i ointed in right directions it would save me time which is what I dont have a lot of.

I thought by playing ball and giving the Shabbey all time they required by FSA that I would have won my case but not to be so now I have to take them to court for my money.

I just need reassurance and peac of mind that what I`m doing is right and that everything I am doing is correct.

[Ladidi]

Ladidi, glad i am not the only one here who dosn't know all the answers, I am at the same stage as you and will be handing in my N1 tomorrow. Don't even know if i have filled it in correctly but i am hoping that they will tell me at the court if i havn't! Luckily there seem to be lots of lovely people on here willing to give advice and keep us on the right track. Some of them have been through the process a few times. Maybe if i win i might be willing to give it another go through another bank (and be a bit quicker at it). Don't even know what to do once i've handed it the form! Will be keeping a close eye on all the others who are at the same stage. Good Luck!!

 

Good Luck to you too Cherryblossom. I can relate with not being sure if you have filled it in correctly. i feel the same. But I have ogne over the form at least hundred times i feel I have done it correctly.

I`m scared still about this bundle you have prepare though

I dont have anything except what I`m handing in tommorrow and that contains the claim and spreadsheets and Terms and Conditions. I dont know what else they could possibly want from me!

[Ladidi]

Clarion48. Forgive me for being a little ignorant. But where is the FAQ page? I have checked and re checked and nothing to be found.

I have put 4months of work into this and loads of patience and screaming only to be no further forward than I was on day 1.

I am praying for a miracle.

I have done as the claims said and filled it in correctly and prinited off 3 copies of the claim and spread sheets and terms and conditions.

As I said in my last message I dont know what else they could possibly want from me.

[Ladidi]

Ok Clarion...I have found the information tyou mentioned the only thing it does not tell me is what these court bundles contain.

What else do i have to provide and prepare for this for when the time comes, as I said before i have little time as it is and it would be nice to be a few steps ahead if more info is required or i am supposed to get info for the bundle. I`ve read come people have pages and pages. I ahve no where near at the most I have 20 pages and thats just the claim and spreadsheets and T & C`s.

Anything else or where I can find a list of what is required would be a great help.

[Ladidi]

Quite agree MJ.......read, read, read. It's your case and you need to be able to argue it in court.....you will only be able to do that by knowing what you are arguing (even though it is unlikely to get as far as court).

 

The basic court bundle is in the bank template library....once you have downloaded and looked through that.....yell for the next step.

 

 

Hi everyone

 

in relation to the read, read, read. I have been doing just that all over this website in fact lol

I have downloaded and saved a lot of stuff in preparation of my court bundle.

I know I am maybe months or weeks away and I am praying it is not required. But at the same time I dont want to be caught short at the last moment and having panic attacks worse than last nite.

To be honest I got on here this morning before I went to work and i dont know what whether it was the fact my mind was relaxed and not angry, but I seem to find all info and bits and peices that I could not find or see yesterday. I have saved everything that is required for the court bundle in case.

Oh yeah and a good bit of advice. I dont know if anyone else has asked but I did today. I found out that if you get working tax credit with the disablity element or council tax credit you may not have pay the fees.

My husband rang the court today while I was at work and they are sending out the information papers. They advised that I may or may not depends on info enclosed onto the forms. Might be worth for others who have not much funds to spare to see if they are entitled to court fund help. Not sur eof the process on this but I would then recomend that the court make the banks repay fees given to legal aid dept for costs incurred to their abuse of process..

Anyway will let you all know if any informtion comes of this.

Ladidi

[Ladidi]

Hi everyone

 

in relation to the read, read, read. I have been doing just that all over this website in fact lol

I have downloaded and saved a lot of stuff in preparation of my court bundle.

I know I am maybe months or weeks away and I am praying it is not required. But at the same time I dont want to be caught short at the last moment and having panic attacks worse than last nite.

To be honest I got on here this morning before I went to work and i dont know what whether it was the fact my mind was relaxed and not angry, but I seem to find all info and bits and peices that I could not find or see yesterday. I have saved everything that is required for the court bundle in case.

Oh yeah and a good bit of advice. I dont know if anyone else has asked but I did today. I found out that if you get working tax credit with the disablity element or council tax credit you may not have pay the fees.

My husband rang the court today while I was at work and they are sending out the information papers. They advised that I may or may not depends on info enclosed onto the forms. Might be worth for others who have not much funds to spare to see if they are entitled to court fund help. Not sur eof the process on this but I would then recomend that the court make the banks repay fees given to legal aid dept for costs incurred to their abuse of process..

Anyway will let you all know if any informtion comes of this.

Ladidi

 

 

i have also been reading on here about people claiming for the time and money at a rate £9.25 per hour. Do ayou calim in the beginning of you claim or does that come when you submit you bundle an dinclude money for time and priniting etc. How far do you start making that initial claim from? Is it from the very beginning or when you have filed your N1?

Any help pn this question would be great

[Ladidi]

Hi all, I have received a letter from the Abbey and this is what they have said to me. Out of all the money they make they send your letter out second post. Cheap skates or what! Does anyone know what my next move should be?

 

Dear Mr and Mrs ****

 

Thank you fo ryour call 7th April 2007 and your calls and correspondence since, about your bank charges. I am sorry you ar eunhappy with our previous response moreover, I sincerely appologise for our delay in responding to you.

 

Having carried out a full investigation, we believe the charges are valid and therefore I cannot agree to refund them.

 

The unfair Terms in Consumer Contracts Regulations 1999 say that we must explain our charges in plain language and that we have in good faith, which, according to the Office of Fair Trading, means dealing fairly and openly with customers.

 

I therefore reveiwed the literature and information you received when you opened your account, including the terms and conditions. This explains that charges will be applied if you do not keep to the terms and conditions of the accoutn. Because of this, I believe we have been fair and open in telling you about them. The charges were correct, because you did not have enough money in your account to cover payments requested from it. When I looked at the history for your account I found that, unfortunately, this was not the first time this has happened.

 

I can see we have refunded charges, in the past, as a gesture of goodwill. I am sorry, that because of this, I cannot agree to cancel these charges.

 

I am confident that I have been fair and we have taken into account all the ppoints you made in your calls. But if you have any additional points that you would like to discuss, please call on 0845 600 6014. I have enclosed a leaflet about the FOS, in case you are not happy with my investigation or decision. If so, you should contact them within 6 months of the date of the letter, enclosing a copy of it, as they would need this for their investigation.

 

I hope we can work together to help you avoid charges in the future. Little things can help, like checking your account balance as often as possible and looking at the dates of Direct Debits to make sure they are taken shortly after money is paid in. In addition we might be able to help by providing an overdraft facility to give you more flexibilty. This could help to keep your costs down, as there are no charges unless you exceeed your overdraft limit. So, if you wouldlike to talk to someone about the options available, Please call out Telephone Banking Center on 08459 724 724. Alternatively, If you think you might need longer-term help to manage your bank account, Please call 0845 603 9035 and we will be happy to help.

 

Your Sincerly

 

Senior Customer Resolutions Manager.

 

 

The way the letter is worded sounds like he was saying he was doing me favour by offering me an overdraft and repaying for bank charges earlier. I got that money back because it was their fault they incurred not mine.

[Ladidi]

Hi everyone.

 

I filed my claim at the local county court the other day finally! I have received a notice of issue from the court today.

 

Can anyone tell me what I have to do now?

 

Do I wait for 14 days or 28 days? according to what I am reading on the letter fromt he court they have until the 23rd of july to reply

 

Do I wait until I hear from the court or from the abbey?

 

Any advice would great..I feel excited and a bag of nerves at the same time

 

Thanks

 

Ladidi

[Ladidi]

Can anyone help re above??????

 

Ladidi

[Ladidi]

Just sit back and wait now, they will acknowledge just before the 14 days are up then they will defend at the very end of the further 14 days

 

 

Hiya Icy

 

Does this mean I should start preparing my court bundle? in prepartion for court?

 

Ladidi

[Ladidi]

There is also a request for judgement slip at the bottom of my notice of issue. Do i need to do anythig with this? or is that what I would fill in if the Abbey do not file in time?

 

Sorry for all questions. I know I`m hopeless!!

 

Ladidi

[Ladidi]

Re above anyone?????

 

Many Thanks

 

Ladidi

[Ladidi]

Hiya Everyone

 

As you know I filed my N1 claim at the county court the other week.

I was wondering as the Abbey have until the 23rd to either make a defence or totally forget about me so I win anyway * Wishful Thinking again*

Would it be a good thing to send them a email and offering to settle for a little less than claiming as I could do with the dosh A.S.A.P. I mean my claim is for 5.3k so I thought straight £5k.

Anyone got any thoughts on this?

 

Ladidi

[Ladidi]

Has anyone got any thougts on what I said re above?

 

I would appreceitate some advice because I would rather not go ahead and end do something where i am just shooting myself in foot, so to speak.

 

Thanks

 

Ladidi

[Ladidi]

Do you mean Clare is not he most helpful person?

If the others are on holiday and they have until 23rd which gives them till 1 week Monday to respond I dont suppose it would hurt to wait a few more days until one of the sensible comes back from their holidays unless you mean Clare is the sensible one.

 

How would I word my email? I have filed at my local county court for the return of my money Abbey have unlawfully taken and Abbey have until 23rd July to respond. I would be prepared to however "Without prejudice" give the Abbey the chance to settle my claim for £5k providing this is agreed and settled within 5 working days.

 

What do you think Icy?

 

Ladidi