pippielou versus Abbey

[pippielou]

Hi

As the title would suggest I'm 'in battle' with the Abbey at the moment trying to reclaim bank charges totalling £920 with added 8% interest making my total claim £1139.93.

Abbey have written to me offering me 65% settlement of £740 which I have turned down verbally- should I have done this in writing?

 

I have since written to them saying 'without predjudice' that I would consider an offer of £950. Abbey wrote back saying they couldn't give me that figure and to phone them to discuss which I duly did. I spoke with Claire Fletcher (easy to get hold of first time, very hard ever since) she offered me £850, which I have yet to say yay or ney to.

My problem is that my account which I thought was closed (I sent back at their request cheque book and cards) has miraculously re-opened and it is £156 in overdraft. This overdraft is made up purely of charges:mad:I paid my car tax by cheque on the 1/11/06 then raced to the bank on the 2nd to pay in £100 cash to cover it only to find that the Abbey had already put through the cheque (how come it takes 4 days to clear a chq paid into my account but they can release monies within hours?). This obviously put me over my limit briefly as the chq was put through then sent back unpaid (all on the 2nd). I must have been in overdraft for a matter of hours on the 2nd as my £100 cash was paid in as soon as the bank opened at 10am. The chq was eventually paid out on 7/11/06 and my account was in credit by £5.11. The account is now in overdraft for £156 which as I said is all charges.

What I've said to the abbey is that I won't settle out of court until these charges are dropped. However it seems they cannot do that, the only thing they can do is open a new complaint which will take 4-8weeks. Have you ever heard anything so stupid?!! :-? Has anyone got any ideas on what I should do about this?

 

So this is where I stand at the moment...I have just had a letter from the courts giving me a court date of 11 Sept. They have not asked for a Allocation Questionnaire but this what the document says:-

 

"The following directions apply to this claim:

1. The claimant shall within 14 days of the service of this order send tothe Defendent and to the court:

 

A schedule (unless one has already been sent to the Defendent and to the Court)setting out each charge repayment of which is sought, showing the date, amount, and reason (if any) for that charge being made."

 

Section 2. sets out what the defendent must do.

Section 3. simply states 'the original documents shall be brought to the hearing'.

 

I phoned the court today and asked them what they meant by 'schedule' did they want copies of statements showing charges and they said if it says schedule it means send a list of charges.

 

After reading loads of other threads and seeing what other people have had to do, this seems to easy! Has anyone got any thoughts on this? I'm really scared of going to court and don't want to get anythin wrong!! Can I at this stage add the £156 onto my original claim?

 

Sorry for the rambling but would grateful for any thoughts.

[pippielou]

Hi

As the title would suggest I'm 'in battle' with the Abbey at the moment trying to reclaim bank charges totalling £920 with added 8% interest making my total claim £1139.93.

Abbey have written to me offering me 65% settlement of £740 which I have turned down verbally- should I have done this in writing?

 

I have since written to them saying 'without predjudice' that I would consider an offer of £950. Abbey wrote back saying they couldn't give me that figure and to phone them to discuss which I duly did. I spoke with Claire Fletcher (easy to get hold of first time, very hard ever since) she offered me £850, which I have yet to say yay or ney to.

My problem is that my account which I thought was closed (I sent back at their request cheque book and cards) has miraculously re-opened and it is £156 in overdraft. This overdraft is made up purely of charges:evil:I paid my car tax by cheque on the 1/11/06 then raced to the bank on the 2nd to pay in £100 cash to cover it only to find that the Abbey had already put through the cheque (how come it takes 4 days to clear a chq paid into my account but they can release monies within hours?). This obviously put me over my limit briefly as the chq was put through then sent back unpaid (all on the 2nd). I must have been in overdraft for a matter of hours on the 2nd as my £100 cash was paid in as soon as the bank opened at 10am. The chq was eventually paid out on 7/11/06 and my account was in credit by £5.11. The account is now in overdraft for £156 which as I said is all charges.

What I've said to the abbey is that I won't settle out of court until these charges are dropped. However it seems they cannot do that, the only thing they can do is open a new complaint which will take 4-8weeks. Have you ever heard anything so stupid?!! Has anyone got any ideas on what I should do about this?

 

So this is where I stand at the moment...I have just had a letter from the courts giving me a court date of 11 Sept. They have not asked for a Allocation Questionnaire but this what the document says:-

 

"The following directions apply to this claim:

1. The claimant shall within 14 days of the service of this order send tothe Defendent and to the court:

 

A schedule (unless one has already been sent to the Defendent and to the Court)setting out each charge repayment of which is sought, showing the date, amount, and reason (if any) for that charge being made."

 

Section 2. sets out what the defendent must do.

Section 3. simply states 'the original documents shall be brought to the hearing'.

 

I phoned the court today and asked them what they meant by 'schedule' did they want copies of statements showing charges and they said if it says schedule it means send a list of charges.

 

After reading loads of other threads and seeing what other people have had to do, this seems to easy! Has anyone got any thoughts on this? I'm really scared of going to court and don't want to get anythin wrong!! Can I at this stage add the £156 onto my original claim?

 

Sorry for the rambling but would grateful for any thoughts.

[Lula]

OK, send the courts copies of your spreadsheet including interest clearly marked with you name, address, account number and court reference number, send the same to abbey, via email [email protected] and to Abbey triton house recorded delivery.

 

with regards to any charges that hit your account after you bagan your claim, these i am afraid will form the basis of claim number two.

 

Hope this helps.

[pippielou]

Thanks for replying and for your advice. I'm going to get onto it right away.

It looks like round 2 is on the cards. I'm just glad I didn't settle for a lesser amount out of court especially as I was advised by Abbey that they couldn't pay me a settlement by chq because it would have to be paid into the account so that any monies owing could be deducted. If I hadn't realised that they had kept me account going I would have been as sick as a dog! Its worth other claimants finding out if their accounts are actually closed!

Thanks

[ICY]

Capitl one did the same to me, they failed to close my account, then defaulted me on a balance which i had cleared

[MARTIN3030]

Welcome to the site.

Yes schedule means charges.

Send another exchange to the Court and the defendant.

Its up to you what you want to do but the ball is in your court.

If you want to get the extra charges back then you will need to file an ammendment to your claim....if you are on benefits then you wont have to pay.If not then you will and means filling out another form.The claim has been listed for September hearing.......with this in mind theres no rush for them to offer you full settlement before then.

They are not legally obliged to give you any more than you have claimed on your N1.......so its Cat and Mouse for the moment.

You have the choice of negotiating with them or holding out.

If you can wait till September I would go for the lot and file for an ammendment.

If you think its likely that you will incur MORE charges between then,it makes sense to follow it through with an ammendment to claim detailing the additional charges in the interim period.

Dont forget........your interest is racking up too !!!

[pippielou]

Can anyone give me some advice, please ?!!!

 

I am in the process of putting together a schedule, as requested, to send to the court and Abbey. But I've just realised that in my original submission to the court I included a statement saying that the abbey took an amount in charges out of a payment of Child Tax Credit. In fact looking back I've realised that some of that amount was my overdraft. I haven't actually listed that amount on my original list of charges I sent to the Abbey but I did put it as supporting info on the court claim form.

 

Can't believe I made such a stupid mistake. Can I withdraw this statement?

[hedgey06]

Withdraw the statement (explain why) and make sure that you've entered your charges correctly into a spreadsheet. If you haven't done so already, I'd advise you to download one of these 6. Interest calculation spreadsheets as they calculate the 8% interest automatically as well.

[pippielou]

Just completing my schedule of charges that the court has requested I send to them and the Abbey.

On the claim form I filled in using Moneyclaim online it lists the court fee I paid as £120 and adds this to the total amount claimed should I therefore add this to my schedule (ie. Total Charges £... + Interest £... + Court Fee £...) or will it be automatically added in by the court???

 

Please can somebody help.

[pippielou]

Thanks for your reply am really grateful, getting myself into a right state...:o

 

How should I withdraw the statement? Should I write it in the covering letter with the Schedule. Should it go something like this...'I would hereby like to withdraw supporting info as detailed in the particulars of claim as the sum quoted is incorrect. Although charges were made against my account for being just 18p overdrawn these were in fact less than the amount I quoted as I have mistakenly included an overdraft in the sum'.

Does that sound ok or do you think I should go into more detail?

 

Thanks

[pippielou]

Don't know whether I'm doing this forum thing right? I keep opening a new thread everytime I've got a question..........is that right?

 

What amount of interest do I claim? I know its 8% but since I filled out my original claim form the amount has gone up. Am now putting together a schedule to send to the Court and Abbey but don't know whether to list the original amount or the calculation to date?

 

Also I'd really like to use the OpenOffice spreadsheet (only spreadsheet programm on my computer) listed but I can't get into it-I keep downloading it but its blank. Has anyone got any ideas?

 

This info needs to be sent and received by next Wed (25th) so am getting really really panicky!!!

[Lula]

Hi, it would be better if you kept all your questions in just the one thread as it helps with the timeline - i have asked for a mod to merge them,

 

just send the schedule as it stands to the court and to Abbey.

 

You can always download an excel spreadsheet and save it as it will work in openoffice

 

Good luck and any other questions, just post in the same thread, i should imagine that it will get a new name Pippielou v Abbey

[mickyn]

hi pippielou

 

visit my thread mickyn v abbey from the beginning

 

was given alink to various spreadsheets that may help, start your own thread and receive the help that you require

 

are you at southend on wednesday 25th

 

mickyn

[Lula]

Dont add it onto your schedule of charges, it is on your N1, it is taken as an automatic at negotiation and settlement time, when you reach a total amount of settlement, make sure that you filing charge and AQ charge are added on too

[Lula]

how much is it Pippielou?

[jonni2bad]

5 threads merged.

 

Please now use this ONE new thread to update your claim details and ask questions.

[Lula]

thanks Jonni

[pippielou]

how much is it Pippielou?

 

The amount I quoted in my supporting info was £532 but the actual amount of charges was £155. Do you suggest I withdraw the statement as per my thread with Hedgey.

 

Thanks everyone for putting my 'thread' straight.

[pippielou]

Hi, it would be better if you kept all your questions in just the one thread as it helps with the timeline - i have asked for a mod to merge them,

 

just send the schedule as it stands to the court and to Abbey.

 

You can always download an excel spreadsheet and save it as it will work in openoffice

 

Good luck and any other questions, just post in the same thread, i should imagine that it will get a new name Pippielou v Abbey

 

Thanks Lula

Have just opened the Excel spreadsheet in OpenOffice.

[pippielou]

Withdraw the statement (explain why) and make sure that you've entered your charges correctly into a spreadsheet. If you haven't done so already, I'd advise you to download one of these 6. Interest calculation spreadsheets as they calculate the 8% interest automatically as well.

 

Do I need to let Abbey know I'm withdrawing this statement?