SENDING 1ST LETTER GOING FOR THE FULL £5K

[PETCH]

FIRST LETTER IS GOING TOMMOROW I TAKE IT ALL CORRESPONDENCE SHOULD GO RECORDED DELIVERY TO THE TRITON SQUARE ADDRESS. CLAIMING £4998 IN CHARGES. THIS DOES NOT INCLUDE INTEREST COSTS ETC. I ASSUME IF I CLAIM THESE THEY ARE ADDED TO THE TOTAL WHICH WILL TAKE ME OUT OF SMALL CLAIMS TERRITORY?

WISH ME LUCK!! :twisted:

[BankFodder]

Are you prepared for a court action?

 

Don't forget that there is a discretion to move cases ot of the small claims track. It is unlikely for a claim less than £5000 but more likely in your case than a claim for,say, £2000. If Abbey have a glimpse of a basis for moving you onto the multitrack, they could try it. Won;t necessarily succeed but you should be aware of the risks.

[PETCH]

WELL IF THEY DO DECIDE TO GO OUT OF SMALL CLAIMS COURT THEN I WILL GO BACK THE FULL 6 YEARS AND GET MORE OF MY MONEY BACK!!!

[intersimi]

Oh, and stop shouting (UPPER case text is considered shouting in forums)

[PETCH]

Sorry is that better? Not exactly up on forum ettiquette.

[PETCH]

Received the standard will look into your complaint and a how to complain leaflet, just sent the final notice letter recorded delivery giving 14 days. Tick tock............

[Maxie]

At £4998, the Judge may well advise a multi track claim is more appropriate. Again, it depends on the judge!

 

I would be rahter concerned and have a policy (personal one) not to issue claims over £4,500 to avoid such a problem.

 

If it does get refered to the multi track come back ASAP, because you will need some very good assistance quickly!

[richardc]

Might not be an idea to sever the claim now? 1st claim for D/Ds, second later for ODs or something on those lines?

[PETCH]

Just to bring you up to speed, the second letter went off and I got a very rapid standard response saying all is legal and if you pursue court action the account may be closed. I have opened another account and the 14 days is now up. As I haven't started proceedings yet can I just change the period I am claiming back to bring the amount down to £4.5k and if so do I have to start the whole procedure again giving them another 14 days?

[alanfromderby]

There is no need to notify Abbey if you are reducing the amount, so you can start action whenever you want since they have rejected your LBA.

[PETCH]

Just to bring you up to speed, I sent the notice before proceedings letter got a very quick response saying all charges are legal and if I continue with court action they may close our account. I have opened a new account just in case. With regards to the amount of the claim can I just claim for a shorter period of time therby reducing the amount and then clain for the remainder later. If so do I need to start the whole process again or just the last letter saying I have decided to review the amount I am claiming and give them another 14 days?

[PETCH]

Sorry didn't think that last post went through!! So I can start the court action tommorow and just adjust the dates and amount accordingly?

[alanfromderby]

Yes.

[PETCH]

This topic was closed on 03/06/19.

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