Need Help in claiming bank charges from abbey

[jilly1973]

Hi

Everyone

 

Hi

All

 

Please can you help me in what i should do.

 

I use to be a member way back and have already started the ball rolling sometime ago.I got to the stage where they offered £720.00 which they paid straight into my account,Which then isaid i would accept but NOT as full payment and would persue the rest.

 

I never heard from them again ,Time passed i got cold feet but now i feel stronger to fight them how do i go about sending letter to say that i am taking them to court if they do not pay me.

 

It as been over 6 months since i sent them the letter about i accept as part payment.

 

Do i just send the letter and see what happens/LBA?

should i put cover note in explaining why so long?

 

 

Or can you advise which template.

Also will get help as now i am unemployed.

thanks in advance

[sapphireeyes]

Hello Jilly,

 

Not sure on how to advise you I'm definatley not an expert. How far exactly did you get last time...did you set them any time scales e.t.c to comply with?? If not I would just continue where you left off.

 

But would definatley check with the more experienced members. I'm sorry not much help...but will try where I can. Good Luck

 

A x

[ohoh4312]

Hi Jilly

 

Was the GoGW payment in response to your LBA? If so, then you can start Court proceedings now.

 

You set the timescale originally, and you do NOT have to justify the delay.

 

However, if the GoGW was in response to your Prelim letter, then you will have to send an LBA before proceeding to Court, but again you do not have to explain the time delay between your original request and now.

 

The LBA will most likely be ignored, but as you iniatiated the "complaint" before the OFT announcement, it should not be subject to the constraints imposed by said announcement.

 

Let us know exactly what steps you have taken so far, and then we will be able to help you further.

 

"We" being the "royal we", that is - I am still a basic novice, but very willing to help out if and when I can!

 

Very best regards

 

Jo xx

[jilly1973]

Hi

Thank you for the responses help is very much appreciated.

 

I got to the stage where i sent LBA

 

They responded with we will give you £720.00 as a gesture of goodwill,then the same of boring dribble.

 

I responded with thank you for the offer i do accept but only as part payment and will pursue the rest with a county court claim (used template letter response to settlement offer).

 

That is where it got left i got cold feet as they did not respond after this ...

 

So what do you advise i do ...

 

I was just going to send them response offer again and this time if they did not reply i would pursue in court.

 

Or shall i just send in the court proceedings online.

 

I am also now unemployed so how do i go about to see if i can get court reduction or help with paying the court fee....If i apply online.

 

 

Thank you i await your replys ....

[jilly1973]

Just worked out the Gogw ....lol

 

Yes it was ohoh4312 in reply to LBA

Which i then replied with response to offer

[ohoh4312]

Hi Jilly

 

Okay, so as you have followed all the steps so far, your next course of action is the Court claim.

 

May I say I would strongly advise against filing online; you are very limited for space on the online form, you cannot send your schedule of charges off with it, and then once it clears the system it is typically transferred back to your local court anyway.

 

With the N1 you can send attachments etc, and it goes direct to the local Court. Here is the revised PoC for the N1 taking into account the test case (which will not fit on the MCOL form):

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

Also have a look here:

 

http://www.consumeractiongroup.co.uk/forum/helpful-external-links/2147-court-fees-do-you.html

 

This has all the info re fees and exemption, and the relevant forms.

 

Hope this helps - anything else just shout!

 

Best regards

 

Jo xx

[ohoh4312]

Also, Garyh has started a thread here:

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/109300-you-just-about-file.html

 

He is obviously tracking the progress of new claims started after the test case announcement, so it would be good if you posted your details on here once you have the claim ready.

 

Jo xx

[jilly1973]

ok will do off line file http://www.consumeractiongroup.co.uk/forum/bank-templates-library/107609-new-poc-n1-abbey.html

 

is this the right one to send with attachments.

 

So i need to send n1 along with list of all charges and just put on the bottom -£720.00 which they gave me a Gogw.

and hand it in to my local court and ask for a exemption form for not paying court fees as i am now on family tax credits.

 

Thank you ohoh4312 for your help i shall update when they reply.

 

Also i shall post on Garyh board wheni got everything ready.

[jilly1973]

also do i claim for interest at this stage????

[ohoh4312]

Hi Jilly

 

Yes this is the stage you claim 8% interest - the spreadsheet to calculate it for you is here:

 

http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xls

 

assuming you have Excel? If not there are alternatives - let me know if you need help locating them.

 

And yes that is the correct PoC - you can just print it off as an attachment.

 

Hope that helps.

 

Jo xx

[jilly1973]

hi

Ive decided to send another LBA and request payment,If no response in 7 or 14 (which shall i use)days.I will goto local court and file N1.

 

I think this is best considering time delay response.