Abbey default, how do I remove it?:)

[laylaglantz]

Really confused, they have offered me a goodwill payment, no way I will accept but I dont know what to do next, is there a template letter for this? Or do I just send "leeter before consumer action" saying i want a full refund?

[curli]

Hi

I had a goodwill payment too - it was about 30% of my claim. I just knocked that amount of the total I am claiming and carried on trying to get the rest back (Allocation Questionnaire to be returned to the court this Friday)

Curli

[Lula]

Hi, what have your actions been before hand? what have they actually said in the letter?

[laylaglantz]

I sent request letter with money owed breakdown and recieved a letter back saying - investigation done and offering me £220 pluss two further charges of £20 each to be refunded.

 

I don't know which letter to send next?

 

thanks layla

[Lula]

Send them the Letter Before Action with a copy of your spreadsheet, if this is the letter you have already sent then it is time to file your N1

 

best of luck

[laylaglantz]

Abbey have cancelled £260 of my charges and put money into my account, I wrote to them refusing this amount and they wrote within 14 days saying they had investigated and considered this payment a fair gesture.

 

What do I do next, I know nothing about legal proceedings. Do I write again refusing, if not what is the next step and where are the templates I need etc.

 

 

HELP PLEASE!!!!!!!

 

Thanks Layla:confused:

[lesser1010]

the templares you need are in the library.what stage are you at have you sent your prelim and lba?

[Guest ian cognito]

You've not actually made it clear at what point they made this offer so the only advice I can give is carry on with your process to your timescale. There is a rejection of offer letter in the templates library, you may have to amend it to suit the stage you are at.

[laylaglantz]

Hi I sent my LBA and they offered me a GWG of £260 which they have payed into my account. I then sent a letter refusing and stating that I would take the next legal step if they did not pay the full amount within 14 days. They wrote back saying that they would still not pay the full amount. What is the next step, do I begin court proceedings? If so how do I go about this?

 

Thanks

 

Layla

[livelylad]

Hi I sent my LBA and they offered me a GWG of £260 which they have payed into my account. I then sent a letter refusing and stating that I would take the next legal step if they did not pay the full amount within 14 days. They wrote back saying that they would still not pay the full amount. What is the next step, do I begin court proceedings? If so how do I go about this?

 

Thanks

 

Layla

 

How much were you seeking? i would start legal proceedings immediatley.

[laylaglantz]

I was asking for £667.58 to be repayed so they haven't offered even half, but how do I go about starting court proceedings, i am confused as per usuall.

[livelylad]

I was asking for £667.58 to be repayed so they haven't offered even half, but how do I go about starting court proceedings, i am confused as per usuall.

 

Follow the link for MCOL then complete.

[laylaglantz]

Thanks for your help, just one more thing, do I subtract the amount they have already paid into my account as a so called GWG in my claim? Also I have already added all the interest charges stated on my account in my initial request, what is the 8% interst all about?

 

layla:cool:

[laylaglantz]

Help please, I have got this far with my particulars of claim. What do I put in (and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00). Is there a standard rate? Also why doesn't this template have a space for my bank charges before 8% interest, is this not needed? Thanks in advance.

 

Claimant has account 33969768 with Defendant from 2nd July 1998 conducted on their standard terms and conditions. Claimant is claiming the return of money taken by Defendant in charges over 6 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from 24.04.2004 to 16.08.2006 of £75.55 and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00).

[laylaglantz]

Just submitting my online money claim, there is nowhere to attach any charges list, is that because I don't have to?

 

Thankyou layla

[dollies01]

There is nowhere to attach the schedule with the mcol,

I sent the courts a copy via the post, quoting the claim number and putting by way of service on the letter.

Hope this helps?!

good luck........not long now!

[laylaglantz]

Thankyou, I think I will do the N1 then I can send it all together, good luck!

[lesser1010]

the n 1 is better in my opinion ,you can get a more detailed description of your claim on that form.

[Lula]

Hi Laylag, when you complete mcol there is a tick box I beleive or a pop up box that asks if you want to claim s69 interest which is the 8% interest, and the daily rate is 0.00022% on top of that which works out to be roughly another 8% but that is only charged on the amount not the S69 interest, hope this helps

[Michael Browne]

MCOL Particulars of Claim here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

[laylaglantz]

Thanks for that Michael, although I am not sure if I should work out the interest on the amount of money they owed me before they put £260 into my bank as a goodwill payment or not. What do you think?

 

layla

[Michael Browne]

If they have refunded £260 this cannot form part of your claim and therefore you can't claim s69 8% interest on it.

[daveasda]

i sent abbey a summons then a week later got a good will payment so i sent them a letter saying stick your goodwill payment i want it all i have issued a summons but then i noticed they had already put the goodwill payment in my account so i rang complaints dept and spoke to some clown there it seemed to come as a big surprise i had issued abbey a summons but he said keep the payment it will not effect your claim but i kept a copy of the letter i sent saying stick it in case they start any funny buisiness in court i think if letter does not say this is full n final settlement sue them for the money you are owed

[laylaglantz]

I recently received a settlement from Abbey but when I checked my Experian record I noticed they had put on a default notice, I am trying to get them to remove it, although I would like to know the best method and also if anybody has managed to get a default removed by abbey (they seem like hard task masters!) thanks x:confused:

[livelylad]

This link here has a default removed. Have a read through the success threads in the Abbey success forum they will be listed there.