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mickyn v abbey from the beginning


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After posting several questions i have decided to post my experiences concerning ABBEY.

 

 

I dont expect anything to be any different from other peoples experience.

 

so here goes

 

SCHEDULE OF EVENTS

 

08-06-2006 APPLIED FOR BANK STATEMENTS THROUGH INTERNET (2000-2006).

 

22-06-2006 RECEIVED LETTER FROM ABBEY, STATING INFORMATION REQUESTED IS NO LONGER HELD ON THEIR SYSTEM, THEREFORE ADMINISTRATION FEE REQUIRED. ENCLOSED REQUEST FORM

 

30-06-2006 RECEIVED EXACTLY SAME LETTER AND REQUEST FORM AS ABOVE.

 

01-07-2006 POSTED ABBEY STATEMENT REQUEST FORM.

FAXED ABBEY STATEMENT REQUEST FORM: GIVEN INCORRECT FAX

NUMBER.

PHONED ABBEY: NEW FAX NUMBER 01274 368734.

 

03-08-2006 PHONED ABBEY REGARDING STATEMENTS: QUOTED THAT ALL STATEMENTS OVER 15 MONTHS OLD ARE ARCHIVED AND TAKES TIME TO RECOVER.

 

16-09-2006 PHONED ABBEY AGAIN REGARDING STATEMENTS, GIVEN COMPLAINTS DEPT

NUMBER 0845 600 6014. CALLED THEM AND WAS TOLD THEY WOULD CONTACT THE STATEMENT DEPT TO ARRANGE RECEIPT WITHIN 5-7 WORKING DAYS.

WILL CALL TO CONFIRM STATEMENTS HAVE BEEN SENT.

 

NO CALL RECEIVED REGARDING STATEMENTS

 

27-09-2006 RECEIVED LETTER FROM ABBEY, STATING INFORMATION REQUESTED IS NO LONGER HELD ON THEIR SYSTEM, THEREFORE ADMINISTRATION FEE REQUIRED. ENCLOSED REQUEST FORM

 

12-10-2006 POSTED LETTER REQUESTING DETAILS OF CHARGES:

 

FAXED REQUEST FORM

 

13-10-2006 CHEQUE WITHDRAWAL BRADFORD SAVINGS O. £10 STATEMENT FEE

 

02-11-2006 RECEIVED A SIMILAR WORDED LETTER FROM ABBEY, STATING INFORMATION REQUESTED IS NO LONGER HELD ON THEIR SYSTEM, THEREFORE ADMINISTRATION FEE REQUIRED. ENCLOSED REQUEST FORM

 

THIS LETTER STATED THEY HAD RECEIVED MY LETTER DATED 11TH OCTOBER 2006 AND RECEIVED ON THE 18TH OCTOBER 2006, DESPITE TAKING THEIR FEE ON 13-10-2006

 

DECEMBER RECEIVED PRINT OUT OF STATEMENTS, SOME MONTHS MISSING BUT HAVE ORIGINAL STATEMENTS OF THESE

 

19-02-2007 FIRST REQUEST FOR CHARGES TO BE REFUNDED

AS YET UNSIGNED (ROYAL MAIL INVESTIGATING)

 

28-02-2007 RECEIVED A LETTER FROM ABBEY, PROMISING TO INVESTIGATE

 

ENCLOSED: COMPLAINTS LEAFLET

 

05-03-2007 SECOND REQUEST FOR CHARGES TO BE REFUNDED

 

27-03-2007 RECEIVED LETTER FROM ABBEY STATING THEY NEED MORE TIME TO INVESTIGATE MY COMPLAINT

 

NOTIFICATION THAT AN UNAUTHORISED DEBIT CARD PAYMENT HAD CREATED ANOTHER CHARGE

 

30-03-2007 ABBEY REFUNDED NINE CHARGES, TOTALLING £280 UNDER MISCELLANEOUS

FEE REFUND

 

31-03-2007 RECEIVED LETTER FROM ABBEY DATED 29TH MARCH 2007. THE NINE REFUNDS

WERE ‘A GESTURE OF GOODWILL’ AND THAT THE CHARGES DID NOT CONTRAVENE THE UNFAIR TERMS IN CONSUMER REGULATIONS 1999

 

02-04-2007 WROTE TO ABBEY STATING I REGARDED THEIR ‘GESTURE OF GOODWILL’ AS A

PARTIAL PAYMENT AND DO NOT ACCEPT THIS PAYMENT AS A FINAL SETTLEMENT. I ALSO STATED THAT AS A RESULT OF THEIR RESPONSE I WILL BE FILING A COURT APPLICATION TO HAVE ALL CHARGES AND COSTS AND INTEREST REFUNDED MINUS THEIR ‘GESTURE OF GOODWILL’.

 

N1 FORM COMPLETED AND FILED FOR £1541-92 + INTEREST

COURT COSTS £ 120-00

TOTAL £1661-92 + INTEREST

 

 

07-04-2007 ANOTHER LETTER ACKNOWLEDGING MY COMPLAINT

 

17-04-2007 ABBEY FILED ACKNOWLEDGEMENT OF SERVICE

 

30-04-2007 RECEIVES ABBEY’S DEFENCE

 

16-05-2007 RECEIVE LETTER FROM THE COURT DATED 04-05-2007 STRIKING OUT THE INCOMPLETE DEFENCE

 

21-05-2007 BANK HAD UNTIL 25-05 2007 AND BY 4PM TO FILE NEW DEFENCE. CONTACTED THE COURT AND WAS TOLD TO CALL BACK ON 30-05-2007 DUE TO PUBLIC HOLIDAYS

30-05-2007 CALLED SOUTHEND COUNTY COURT: BANK HAS FILED NEW DEFENCE

 

06-06-2007 CLAIM STAYED UNTIL 27TH JUNE 2007

 

29-06-2007 RECEIVED FROM THE COURT

 

UPON THE COURTS OWN INITIATIVE

 

TAKE NOTICE THAT THE ALLOCATION AND CASE MANAGEMENT CONFERENCE WILL TAKE PLACE ON 25TH JULY 2007 AT 14:30PM

 

AT SOUTHEND COUNTY COURT, TYLERS HOUSE, TYLERS AVENUE, SOUTHEND ON SEA , ESSEX SS12AW

 

TO BE HEARD BEFORE DISTRICT JUDGE DUDLEY

 

WHEN YOU SHOULD ATTEND

 

PLEASE NOTE: THIS CASE MAY BE RELEASED TO ANOTHER JUDGE , POSSIBLY AT DIFFERENT COURT

 

has anyone any views

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hi all

 

i have been reading through some threads and i have noticed that people have supplied a schedule of charges with their n1 form

 

i failed to do this so

 

can i do this now and how do i go about it and also abbey returned nine miscallaneos fees how do i work out which fees to delete so i can recalculate the interest

 

any help plz

 

mickyn:confused:

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Hi Mickyn

 

Firstly, Welcome, and yes shAbbey are giving you the same sort of runaround that they give to everyone else,

 

Update your spreadsheet by after the total, take off the miscellaneous refunds, just as they are.

 

Send then recorded delivery to Abbey and to your court, clearly mark them with your name address account number and Case reference number.

 

Did the court say that you needed to take anything with you?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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many thanks Lula

 

i have created my own list, is there a specific spreadsheet i should use and where can i find it

 

how do i recalculate the interest after i have deducted the total refunds, i am not to concerned about the interest, might use it in justifying a settlement.

 

as regards to paperwork, nothing in the letter from the court but when i rang the court was advised to bring my file?

 

 

many thanks for your response

 

mickyn

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icy

 

have opened the excel page from your link

 

works opens opens and a page of strande letter are across the page

 

sorry for being a bit niave baut in the excel program do i change the information already there for my own and will it calculate all the other fields

 

sorry:confused:

 

lula still having trouble with your link : error states can't find site:eek:

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Hi Mickyn,

 

are you using the first spreadsheet (England - simple- Excel)? if so then just delete the info in the first three columns ('in respect of', 'amount' & 'date incurred') The spreadsheet will then calculate the number of days since & what interest is due under s.69 8%.

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-this is the interest that the spreadsheet will work out for you

have you had a read here?

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

I noticed that your claim included:

N1 FORM COMPLETED AND FILED FOR £1541-92 + INTEREST

COURT COSTS £ 120-00

TOTAL £1661-92 + INTEREST

was the interest in red the the 8% to date of filing & the second interest in blue the interest from file date to settlement (daily rate)?

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the red is the 8% interest, not sure what the blue is as my understanding is that the daily rate is the total plus 8% interest x 0.00022 which gives the daily rate from filing at court until the date of settlement, i didnt think that you could claim the continuing interest on the court fee

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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HELLO elliejay39 and Lula

 

AM I RIGHT IN THINKING OR AM I JUST HOPEFUL that i claim the interest from the date of the charge to the date of filing the n1 for at 8%, and then times that total by the daily rate of 0.00022 to a certain point of time or until judgement has be decreed

 

i have used moneysaving expert to calculate interest to my date of filing, so therefore x that by the figure above and that will be my total to date with interest.

 

the above was caculated without using the court fee

 

did i have to calculate the interest to claim it at the application of the n1 form as i only stated that i may well claim interest ammassed

 

mickyn

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Hi Mickyn, yes claim the 8% from the date that you were charged up to date of filing at court and thereafter you daily rate of interest up until date of settlement is the total of the charges plus interest multiplied by 0.00022% per day until judgement

 

Hope this helps

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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THANKS LULA

 

i have finally manage to compile my spreadsheet. great tool:)

 

i left off charges that corresponded to the nine charges refunded by SHabby and match these charges to the earliest corresponding charge, so the court will see i had been fair

 

posted this today and both SHabby and the cour should receive this tommorrow b4 1pm

 

i am a bit mor releived now after reading the posts from yesterday i thought i had made a big mistake not file the list of charges in the spreadsheet form than a list compiled by myself

 

have read a thread today that states may want to take an updated spreadsheet into court on wednesday, i assume this spreadsheet will automatically update the interest

 

does this mean i do not have to calculate the daily rate by the figure quoted in earlier threads

 

the reason i ask this is because i didn't do a spreadsheet when submitting my N1 form, so therefor do not have the interest acrued up to that day

 

any thought plz

 

mickyn

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Blumming eck Micky n where to start

 

ok the spready

 

if you have already filed the N1, what sort of interest diut d you claim? if you didnt claim then, you cant claim now.

 

But yes, the speadsheet automatically updates

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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hi LULA

 

istated on the N1 form that i my claim statutory interest

 

after our conversation last night i thought id get the spreadsheet off pdq

 

looks like i have b***s up again?

 

mickyn

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but on your Nq, did you put the total as the total charges plus the interest?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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sorry lula

 

on my n1 form i wrote

 

i am entitled to claim interest under section 69 of the county courts act 1984 at 8 % per annum from the date the charges were first applied to my account until a judgement is made

 

" the claimant asks the court to enter judgement in their favour for the sum £xxxxxxx plus iinterest."

 

mickyn

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Well do the spready anyway, to be honest, i dont know the answer to this one, i suppose it could be a negotiating point lol

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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well i can only answer the one about the speradsheet automatically updating itself as my head is spinning micky not u though got a rotten cold but will try to help i take it youve already sent in updated scehdule then with the interest on it if not as dear lula says it is too late er ask me some more tomorrow love as need hot toddy and bed soon but do ask me or others of we can help we will sorry i wasnt here last week to help was on holiday on scotland where i got the cold lol xxkia

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