anti nowhere punk's thread

[anti_nowhere_punk]

Ok today is the day, abbey have ignored my second letter so its court time!!

[anti_nowhere_punk]

The claims in, now I wait with baited breath

[anti_nowhere_punk]

Ok the claim has been accepted by money claim, when I look at my claim menu, it says "start" under judgement, if I click that it says choose either

"The defendant has not filed an admission or defence to my claim

(Judgment by Default)

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment."

 

Or

 

"The defendant admits that all the money is owed

(Judgment by Admission)

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request."

 

Its only been 1 day since the claim was issued so I assume I cannot complete this untill the banks 14 day allowance is up? Or does this mean the bank has replied and not bothered argueing? I wasnt expecting to see that yet so Im a bit confused?

[anti_nowhere_punk]

Today I recieved a letter from abbeys solicitor about the claim I filed against them telling me that abbey are preparing there response and a defence!! Part of the letter claimed I had not given them details of how I arrived at the figure I am claiming, funny that seeing as I sent abbey a list of all the charges on both the first and second letter I sent them!

Anyway this is the letter I have prepared in response to go with the print out of charges which Im sending them (again) just wondered what anybody else thinks??

 

Dear Sir/Madam,

I am sorry to hear you did not recieve details of how the £1604.20 I am claiming from abbey was calculated, I thought abbey would have given you that information as I sent it to them TWICE together with letters detailing my claim to them, but as they have apparently not passed it onto you please find enclosed a spread sheet print out showing all charges made against me for which I am claiming. I have the original bank statements detailing all these charges and will be bringing these to court with me should abbey not wish to settle by paying me in full before it gets to court. I hope you will accept the print out for now because Im sure you can appreciate that trying to photo copy 4 years worth of bank statements would be expensive and time consuming to say the least, should you require copies Im sure abbey should be able to get them for you, even though they wouldnt send them to me. Luckily I found the statements here.

I wonder if you could provide me with some information that would be helpfull to me in court because I have asked abbey and they have not complied, the basis of my claim is that the charges made are not administrative costs but penalty charges and english law states Penalty clauses in contracts for breach of contract arent legal if the penalty exceeds the actual cost of the breach of either party. So I would like the bank to explain how these charges are there actual costs:

Taken from abbeys terms and conditions:

"Unauthorised overdraft monthly fee (charged once per statement period) £20

 

For each item we pay which results in an unauthorised overdraft or while you have an unauthorised overdraft £30

 

For each bounced standing order/cheque/direct debit £35"

I really dont see how the bank can say it costs them £30.00 to send me a computer generated letter telling me they paid a direct debit that didnt have the funds to cover it, or as has happenned in some cases a computer generated letter detailing 3 or 4 items at £30.00 an item so thats £90 to £120 for 1 computer generated letter? But if they can provide proof that these are there actual costs incurred by my financial postition then I shall be very suprised. If however they cannot then I can only assume these are penalty charges and are therefor unlawful.

I hope you will be more helpfull than abbey have been and look forward to recieving your response.

 

Yours faithfully,

[anti_nowhere_punk]

This morning I recieved two items in the mail, the questionaire from the courts, and SHOCK HORROR (not) a letter from abbeys solicitors offering me 50% of my charges and a refund of my court costs, total £922.10..

Ill be honest I was tempted to accept, but I said a big fat NO!! I want it all...

[anti_nowhere_punk]

Damn straight, I asked a few family members etc what they thought and they all said accept it, lucky Ive always been a rebel eh!

[lknox]

Looks like we're both at the same stage, I received my 50% offer today too. Have you already sent off your counter-offer? By email?

 

Will keep an eye on your thread!

L

[anti_nowhere_punk]

Ive emailed DLA and also sent a hard copy by mail Good luck to you!

[anti_nowhere_punk]

Abbeys solicitors contacted me this morning stating that the bank had refused my out of court settlement offer and deny that anybody has won a case againt them in court so far!! They say that abbey now wish to proceed to trial! So is there solicitor blatantly lying, or has nobody actually won in court so far??

[anti_nowhere_punk]

Also they have now listed there "costs" which they had refused to do before, this is the email I recieved from there solicitor this morning.

 

Dear Sir

Without Prejudice

Yourself -v- Abbey National Plc

Northampton County Court Claim Number: 6 QZ 46333

 

We can confirm that your offer of out of court settlement was received by ourselves on 17 August 2006. We can also confirm that your offer of out of court settlement was not accepted by our clients nor was the rationale for providing this offer of settlement. The OFT have recognised that the cost to Abbey of your breach of contract extends beyond the cost of paper, ink and postage. The cost includes maintained of buildings and machinary alongside the cost of employing individuals in order to deal with such breaches. Additionally we are unaware of any preceding binding authority, in relation specifically to bank charges as you have claimed in your letter and there is not reference to the existence of such authority in you Particulars of Claim.

 

Should you wish to make an alternative offer in relation to this matter it will be duly considered. However on the basis of the offer mentioned above Abbey have no option but to proceed to trial.

 

Yours faithfully

 

 

Paul Denham

[anti_nowhere_punk]

According to there solicitor anyway? Sorry to put this in two seperate threads but I really think this needs taking notice of, this is a quote from the banks solicitor as part of an email they sent me today refusing my out of court settlement offer..

 

The OFT have recognised that the cost to Abbey of your breach of contract extends beyond the cost of paper, ink and postage. The cost includes maintained of buildings and machinary alongside the cost of employing individuals in order to deal with such breaches.

 

Is this true or right because if so then could that not bring about then end to all these proceedings??

[bevcarlyle]

bolloxs!!

 

they are full of s!!t and trying to scare you off making your claim.

 

I'm sure if the OFT agreed with their charges then the Abbey bank would be happy to defend itself in court.

 

Keep on with your fight

[anti_nowhere_punk]

Abbey are telling me through him they DO want to go to court though!!

[anti_nowhere_punk]

So do U think they will go through with the court case this time as he claims or will they bow out at the last minute?

Im sure I read a thread on here not long ago were somebody actually had to go to court and the court told them to prove that abbeys charges were unfair??

[anti_nowhere_punk]

I feel like telling the guy hes full of crap, but I dont wanna make things worse for myself! The way they give there reasons for the charges in that letter it seems like they are claiming theres a building, machines and staff who do nothing but send out letters because of charges!

[anti_nowhere_punk]

I said £3.00 per charge but I said that was to cover the cost of the paper and ink involved in sending out the letters, and the letter is there response!

[Glenn UK]

Abbey are telling me through him they DO want to go to court though!!

 

And you seem to be falling for it, their job is to try to stop you claiming, thats all.

 

Its a game and if you let them bluff you you will lose.

 

If you do a search through the abbey threads you will find numerous postings saying more or less the same thing, and yet they are still making 'goodwil' payments and settling.

 

Dont be afraid, just read some more and follow the righteous path to getting claiming for your moeny.

 

HTH

 

GLenn

[anti_nowhere_punk]

Im just gettin nervous as my date for entering the court questionaire is this friday so Im getting short of time! I dont have the £100 to send with it so if I do send it I have to borrow money from somwhere to pursue it!

Im well aware they are trying to scare me off, but I also know that rules continually change and maybe they have finally found a loop hole?

[anti_nowhere_punk]

Ok Ive made a new counter claim using the question you gave me, thanks, Ill let you know what they say.

[Odd Fellow]

Sure, it's difficult to keep forking out money to sue the arse off them - but find that £100.

 

Read the quote you posted again. I'm sure that the OFT does agree that the cost of the breach is more than ink, paper and postage. What it dosen't say is that when it all adds up that it comes to anywhere near £32 and if they ever manage to make it cost that kind of money, I would find it very hard to believe.

 

Keep going - get the £100 from somewhere and keep going - you'll get it all back.

[anti_nowhere_punk]

I emailed them asking if they would accept a settlement offer of the differance between my claim and the 10% as you advised and they replied almost immediately refusing the offer!

[Glenn UK]

1st off if i came across as being negative sorry bout that, it wasnt meant to be.

 

2nd if you dont have the money you know you dont have to submit it for a bit dont you? it wont hurt to hold it a few days or a week or so.

 

3rd If you are preparing your submissin to court then you really should have the arguments straight in your head about where you are going with your claim.

 

I suggest that you have a good scan through the abbey threads/faqs or anything else that might be relevant.

 

If it raises questions then post them and hopefully someone can help you.

 

dont worry if you take your time to prepare the forms and get everything straight in your head it will be fine.

 

HTH

 

Glenn

 

Glenn

[anti_nowhere_punk]

The courts form says it must be submitted by sept 3rd, thats this sunday! Can you hold it longer than that? I was under the impression that you had to file it by that day! Seems strange they gave a date thats a sunday though?

[anti_nowhere_punk]

No just a blunt "our client has not accepted your offer". Story of my life.

[Glenn UK]

Sorry i thought you were talking about the original claim not the AQ, my mistake you have to submit on or before the required date.

 

Glad Karne spotted my mistake.

 

Glenn