Thanks Karn for stopping by I rang the courts again and was told that my information would be put before the judge tomorrow and they will contact me to see what he recommends. Apparantly they have many cases lodged against banks at the moment but have not had one go to court yet. The first case they have going before a judge is at the end of the month so they said they should have more of an idea how things go. They did laugh about the fax fom the Abbey being so informal and with no signature. I just hope the judge sets my hearing date asap. Eyespy

Hi All Well just had a letter from the Abbey reagrding the telephone hearing booked by the court for the 31 MArch. This telephone hearing was because I had amended my original claim to reflect an actual figure not an estimated one. By Facsimile 01782 854046 6th March 2007 Dear Madam We refer to the notice of Hearing of the application to amend the Claimant's particulars dated 1/03/07. Please note that the Defendant neither consents to nor opposes the Claimant's application and on this basis does not propose to participate in the proposed telephone hearing. We have forwarded a copy of this letter to the Claimant. Yours sincerely (Squiggle for signature) NO NAME Abbey National PLC I have just got off the phone from the courts and they have not as yet received this fax!! Jean there said she would chase it up and get back to me. What do you think of this then?? How can they get away with this behavoiur?? Eyespy.

Hi thanks Nick I see what your saying, I just wish I could remember it! Everytime I think about going to court my head empties and I feel like Im in la la land! I feel a lot more positive now about getting my money back. You know I started this last June and I am determined to get my money for this summer. ill keep you all posted eyespy x

Ok just had call from the court. This telephone hearing is purely because I made an application to my claim, an ammendment of the claim figure. SO this is just to clarify the actual claim. I made a change to the claim figure because my initial claim was an estimated figure, no statements received. So I am now claiming for £1900 and A FULL REMOVAL OF THE DEFAULT NOTICE they gave me after I had submitted the initial claim. It looks like my court hearing will be next month at the earliest!! Im worried that when the OFT ruling comes into force that the Abbey will only refund me the amount over and above the expected £12.00 charge limit. What do you think? This could drastically reduce my charges refund. Any feedback appreciated. Car tax due, so better get me walking boots out. Eyespy.

Im having an awful time with Abbey. I have just recieved my notice of hearing from the court BUT its a telephone hearing???? On the guideline sheet they sent me it says "Hearings excluded if the hearing could result in final determination of the whole or part of the claim" I have just rang the court and asked if this is correct, they are calling me back ASAP. If it is by telephone what do you suggest I do? I asked about a case summary and the court are casually saying the Abbey will let me have that in advance of the hearing, which I know wont happen!! This has gone on for so long its driving me crazy. The court hearing is delayed because the court said they had lost the defence from the Abbey and they had written to ask them to refile but they never did!! I HAD TO SEND THEM A COPY OF THE DEFENCE THE ABBEY SENT TO ME!! I dont mean to be defeatist but Im not wired up to understand all this legal stuff I feel like Im reading French! Any help appreciated Eyespy:???: :???: oh by the way, just received letter from the Abbey asking if I could do with a loan of up to £25000.!!????

hi me again all Abbey links http://www.consumeractiongroup.co.uk/forum/abbey-bank/ eyespy

look at sowerby threads

HI there welcome to Abbeyland!! Have you read the letters in the templates library? You need to send the DPA statement request letter qith a £10.00 cheque. I have found that this is the only way to get them. You dont normally get them till the 11th hour, like after you have put a claim in. Start sending letters from the library, do copies for yourself and send them track and trace delivery or they will say they are not received. hope this helps eyespy x:)

Hi I hope you get them if not use the DPA template and send £10.00 to ensure they have to provide you with them all. Eyespy x

PLEASE SEE MY OTHER THREAD Eyespy Vs Abbey THANKS TO LULA BUT I MADE A MISTAKE IN POSTING IN 2 THREADS, EYESPY hey Lula how u know about our oatcakes????

thanks mad mick its good to know people are still watching out for me. yes I made a mistake by adding it to my other thread. I just wanted to keep it in discussion and start a new thread to help newbies who were jumping onto my thread for advice on what to do first. Ill mull over today what to do. I told my bank I had been made redundant but would pay off O/D as soon as I got money, that was like the red flag to them, they demanded repayment of unauthorised O/D, telling me as soon as it was paid they would close my account, then they passed it to a debt collection agency. I had telephoned them throughout this period but they were autonomous on the phone. thanks anyway. Eyespy:|

This is my story so far at every stage I have thought about giving up, just to let you all know that I will see this through to the end. you must keep a sense of humour with the Abbey because they really will give you the 'run around'. 04/01/07 Overdraft paid off in full. £1600 which includes 2 monthly interest charges of £40.00 (NOV & DEC) 2 charges and 1 unauthorised OD fee. Charges still being applied even though I advised them that my account was in dispute. 01/12/06 Debt collection agency letter received. requested that my overdraft was cleared ASAP and that my account will be closed as soon as this was cleared. 30/11/06 Default notice received from Abbey, requested that my overdraft was cleared within 30 days. 23/11/06 Defence recieved from Abbey, this was not very professional they even got my claim number incorrect! Also they are disputing whether or not my account exists!! http://www.hmcourts-service.gov.uk/courtfinder/forms/ex306_0405.pdf 16/11/06 AQ completed & submitted DRAFT ORDER FOR AQ 30/11/06 Claim number 6SQ06250 recieved from courts 24/10/06 N1 Claim submitted to courts x3 copies, used the N1 due to the fact that I did not have all my statements and my claim was an estimated one. N1 particulars of Claim N1 form to download Court Bundle - Basic http://www.hmcourts-service.gov.uk/docs/ex302.pdf?court_forms_id= 183 21/08/06 LBA letter sent. LBA Letter 21/08/06 Prelim letter sent asking for it back. Letter - Preliminary approach for repayment. 21/08/06 Non compliance letter sent. Data Protection Act - Non-Compliance - Template Letters 11/07/06 Reply to Pam Speed Data Protection Act fob off letter Abbey - the microfiche argument 10/07/06 Data Protection Act fob off letter received. dated 06/07/06 from Pam Speed. 29/06/06 Data Protection Act statement request sent 09/08/06 40 days up http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/516-data-protection-act-subject.html 22/06/06 Statements rcd within 10 days. 15/06/06 Requested 12 mths statements, they say 7-10 day del, and FOC. Using spreadsheet from Vampiress calculated my charges plus 8% interest. The interest does not go on until you make a claim. Spreadsheet with interest Spreadsheets & Schedule of charges __________________

Thanks Lula Xxxxxxxxxxxxxxxx

Take A Look At My Thread my story so far Eyespy v Abbey Eyespy

PLEASE SEE MY OTHER THREAD Eyespy Vs Abbey THANKS TO LULA BUT I MADE A MISTAKE IN POSTING IN 2 THREADS, EILEEN

This is my story so far at every stage I have thought about giving up, just to let you all know that I will see this through to the end. you must keep a sense of humour with the Abbey because they really will give you the 'run around'. 04/01/07 Overdraft paid off in full. £1600 which includes 2 monthly interest charges of £40.00 (NOV & DEC) 2 charges and 1 unauthorised OD fee. Charges still being applied even though I advised them that my account was in dispute. 01/12/06 Debt collection agency letter received. requested that my overdraft was cleared ASAP and that my account will be closed as soon as this was cleared. 30/11/06 Default notice received from Abbey, requested that my overdraft was cleared within 30 days. 23/11/06 Defence recieved from Abbey, this was not very professional they even got my claim number incorrect! Also they are disputing whether or not my account exists!! http://www.hmcourts-service.gov.uk/courtfinder/forms/ex306_0405.pdf 16/11/06 AQ completed & submitted DRAFT ORDER FOR AQ 30/11/06 Claim number 6SQ06250 recieved from courts 24/10/06 N1 Claim submitted to courts x3 copies, used the N1 due to the fact that I did not have all my statements and my claim was an estimated one. N1 particulars of Claim N1 form to download Court Bundle - Basic http://www.hmcourts-service.gov.uk/docs/ex302.pdf?court_forms_id=183 21/08/06 LBA letter sent. LBA Letter 21/08/06 Prelim letter sent asking for it back. Letter - Preliminary approach for repayment. 21/08/06 Non compliance letter sent. Data Protection Act - Non-Compliance - Template Letters 11/07/06 Reply to Pam Speed Data Protection Act fob off letter Abbey - the microfiche argument 10/07/06 Data Protection Act fob off letter received. dated 06/07/06 from Pam Speed. 29/06/06 Data Protection Act statement request sent 09/08/06 40 days up http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/516-data-protection-act-subject.html 22/06/06 Statements rcd within 10 days. 15/06/06 Requested 12 mths statements, they say 7-10 day del, and FOC. Using spreadsheet from Vampiress calculated my charges plus 8% interest. The interest does not go on until you make a claim. Spreadsheet with interest Spreadsheets & Schedule of charges

Hi there well my saga with the Shabbey continueth! My court date still not recieved, I have rang the court and my file had been mislaid!! They are sorting that now. I was told it would go to the judge today. Please help me with the questions below. 1.The Abbey sent me a cheque for £40.00 as a full and final offer of settlement. I wrote back to say I was unable to accept their offer and have not cashed the cheque. Can I cash it now? 2. Next the Defence letter came from the Abbey it is very confusing I would appreciate some help on replying to these paragraphs listed below in blue. 3. The claim is for £1307.11 which was in some part estimated. I have now had all my statements and the new actual figure is £1901.65. Do I write and tell them this and inform them that I shall be making a further claim for the difference of £594.54? 4. Also they have defaulted my account, can I now at this point ask for this to be completely removed if we can agree to settle this out of court? I have since paid off my overdraft of £1600.00 in full. I am intending to write a reply to the defence letter which was sent by Christine Cody - Legal Officer? See extracts from the Abbey defence below Paragraph 2. It is not admitted that the Claimant has a current bank account numbered ******** with the defendant. In the event that the Claimant does have a bank account in relation to which bank charges were applied, the defendant says as follows in relation to such an account ("Account") Very strange! Paragraph 6. Basically they say I am in breach of contract with them. Paragraph 8. The Claimants contention that the said fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportionate to the Defendants administration expenses incurred due to the claimants breach of contract and are a genuine pre-estimate of the damage sufferd by the Defendant. The Defendant denies that the Claimant is entitled to claim interest in the sum claimed or at all. Damage suffered by the Defendant??? What rubbish. Paragraph 9. Further or in the alternative, evven if the said fees are not proportionate to the Defendants administrative expenses incurred (which is denied) the Claimant remains liable to pay such fees as may be found to be proportionate and the Claimant is not entitled to claim repayment of the full amount of each charge amde to the Account. Does this mean they will argue for a proportionate fee?? Paragraph 10. The Defendant denies that the Claimant is entitled to claim costs. I asked for my court fee £120.00 only. Paragraph 11. No admissions are made as to any amounts claimed by the Claimant and the Claimant is to put strict proof of the same, similarly in relation to the existence of an account. What does this mean?? Any help greatly appreciated. Please tell me Im nearly coming to the end of this little episode. It seems to have gone on for a lifetime. thanks in advance Eyespy xx:-)

Hi Soob Firstly start your own thread then you are able to keep your posts and replies in one trackable thread. If you have all your bank statements you will find it easier than I did. If not you will have to ask the banks for copies of your statements. Please look at the link and use the templates in here to help you. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ Just keep asking for help every step of the way BUT OPEN YOUR OWN THREAD!! If you dont get replies just send a post saying *bump* whcih will prompt a moderator to look at it. good luck Eyespy

Hi there well my saga with the Shabbey continueth! My court date still not recieved, I have rang the court and my file had been mislaid!! They are sorting that now. I was told it would go to the judge today. Please help me with the questions below. 1.The Abbey sent me a cheque for £40.00 as a full and final offer of settlement. I wrote back to say I was unable to accept their offer and have not cashed the cheque. Can I cash it now? 2. Next the Defence letter came from the Abbey it is very confusing I would appreciate some help on replying to these paragraphs listed below in blue. 3. The claim is for £1307.11 which was in some part estimated. I have now had all my statements and the new actual figure is £1901.65. Do I write and tell them this and inform them that I shall be making a further claim for the difference of £594.54? 4. Also they have defaulted my account, can I now at this point ask for this to be completely removed if we can agree to settle this out of court? I have since paid off my overdraft of £1600.00 in full. I am intending to write a reply to the defence letter which was sent by Christine Cody - Legal Officer? See extracts from the Abbey defence below Paragraph 2. It is not admitted that the Claimant has a current bank account numbered ******** with the defendant. In the event that the Claimant does have a bank account in relation to which bank charges were applied, the defendant says as follows in relation to such an account ("Account") Very strange! Paragraph 6. Basically they say I am in breach of contract with them. Paragraph 8. The Claimants contention that the said fess are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportionate to the Defendants administration expenses incurred due to the claimants breach of contract and are a genuine pre-estimate of the damage sufferd by the Defendant. The Defendant denies that the Claimant is entitled to claim interest in the sum claimed or at all. Damage suffered by the Defendant??? What rubbish. Paragraph 9. Further or in the alternative, evven if the said fees are not proportionate to the Defendants administrative expenses incurred (which is denied) the Claimant remains liable to pay such fees as may be found to be proportionate and the Claimant is not entitled to claim repayment of the full amount of each charge amde to the Account. Does this mean they will argue for a proportionate fee?? Paragraph 10. The Defendant denies that the Claimant is entitled to claim costs. I asked for my court fee £120.00 only. Paragraph 11. No admissions are made as to any amounts claimed by the Claimant and the Claimant is to put strict proof of the same, similarly in relation to the existence of an account. What does this mean?? Any help greatly appreciated. Please tell me Im nearly coming to the end of this little episode. It seems to have gone on for a lifetime. thanks in advance Eyespy xx:)

Thanks Rachlouie you cheered me up. you got a court date yet? Eyespy:D

thanks Karn glad u still out there. do I just wait for court date now? I have sent them my spreadsheet again because they said I had provided no evidence on how I calculated my claim. Is there anything else I should be doing? I can not do the march unfortunatly but I wish you all well and pray that it doesn't rain. Eyespy x;)

***anyone there?*****

**bump**

Hi Reallystuck I did my claim using an N1 through the local court. They sent me the notice of issue, then about a week later I had a letter from my bank saying they were in receipt of my claim number. Then the court sent me a letter to say that the bank had acknowledged the claim (dated) and were preparing a defence, they had 28 days to do this from the date of acknowledgment. I hope this helps, listen when you are really stuck, bite the bullet and pick up the phone, phone the online claim people they are there to help you, dont forget you have paid them for this service. wishing you luck Eyespy xx;-)

Hi All After reading this thread I agree that if I win my claim then the overdraft should be cleared off as quick as possible with that money. Im having a right old time with the Abbey. I have been told that the debt collection and complaints department are totally separate and do not look at my account as being in dispute. Therefore they require my overdraft to be paid back within 28 days or it goes to a debt collection agency. I have offered to pay the overdraft back at Christmas with my redundancy payoff, they say fine but my credit rating will still be affected dut to me having an unauthorised overdraft with no salary going into that account. I have been locked out of my ebanking facility and had to return my cheque book and card. The account can not be closed until the overdarft of £1500 is cleared. But they are still putting charges onto this account for being O/D and I had 2 charges for 2 items which total £118.41!!!!!!!!!! My claim is for £1300, will I still be able to get these further charges back? will they have to be another claim? Can I and when can I ask for the information sent to the credit ref agency to be taken off? To be free of Shabbey Abbey is just a dream at the moment I can not wait to walk away from them. Eyespy EYespy