Abbey Business Account Question

[carlyt123]

Hi,

I have sent my first letter today and emailed it also. I was just wondering, I know you can claim for closed accounts, but if I go to court with my business account I have to file the claim in the business name, but then will the cheque be issued in the business name too, as I don't have the business account anymore?

Thanks a alot

Carly

[carlyt123]

No,

I do have t/as ones, but this particular account in question was Ltd.

[carlyt123]

Thanks so much for your replies on this.

Basically the Ltd company is still trading at the moment, due to cease trading end of April time, may be able to drag it out until mid May. I have already sent my letters off hoping I will get a response before the business closes, but obviously I doubt this will happen.

I am unsure if I will be able to keep my account open or not once companies house has taken the business off the register or how long that would take, so I may be ok for time, but I'm just not sure. From what I have read on this site the process can take several months, so I don't know.

To be on the safe side I was thinkning of going to another bank and opening another business account in the same name that no-one knows about and then when the business closes keep that one to pay into.

What do you think?

[carlyt123]

Basically my accountant has advised me to close it down and write to my creditors to inform them and see if any of them take it further and wind it down, so I am unsure at this stage what will happen and how long it will. thank you for all your advice, i think I will keep my fingers crossed and hope it happens in time and keep my account open as long as possible.

Interestingly, I have just been opening all my business mail and I have received a letter saying the following changes to their terms and conditions are being enforced starting 20th May 2006:

 

New Clause 2.6.8

"We will charge your account with our cost of enforcing our rights under these Conditions, including tracing costs, collection agency costs and legal costs incurred. Any such costs charged by us will become due and payable immediately."

Revised clause 2.11.1

"If you wish to query any item on your Account please contact us immediately."

Revised clause 6.5.1

"These conditions shall be governed by and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the courts of England."

 

Do you think this could be of a result of all the claims? If so is it just a scare tactic or does it make a difference? I don't think it changes anything but just wondered wheher people should get their claims in before 20th May?

[carlyt123]

LBA letter and email sent 21/04/06

[carlyt123]

Hi,

No as I haven't got that far yet I didn't realsie that was going to be a problem. can you not just claim against their London address or does it have to be their registered address?

[carlyt123]

Mmmm, this one looks complicated. I have just looked into a bit and you are absolutely right, you can only use moneyclaim online for England and Wales.

I found this site about Scottish claims and you can only claim £750 in their small claims system, whiuch is much less than I want to claim.

http://www.adviceguide.org.uk/n6m/scotland/your_rights/legal_system_scotland/small_claims_in_the_sheriff_court_scotland.htm#Thesmallclaimsprocedure

I have got a feeling that if you want to take action against someone you have to do it to their registered address, this is what I have found for Abbey business, so i thik use this:

 

Abbey National plc is registered in England, registered number 2294747. Registered Office: Abbey National House, 2 Triton Square, Regent's Place, London, NW1 3AN.

[carlyt123]

Hi,

Everything you need is in this site. take a minute to read through all the information put on it from the great guys at the bank action group and everything you need to know is there. Templates for all the letters are in the bank action group template section. Then start a new thread with your progress, good luck!

[carlyt123]

Moneyclaim on line filed 5/5/06

[carlyt123]

No not nosey at all, it's goo to chat with other people about it and see how things are going.

basically I have 8 claims in all together all on the same day. So far I have only heard from Natwest and HSBC, who have both said they fully intend to defend and as they have filled in the admissions form, they have now got 28 days to reply-annoying!

Abbey though, I haven't heard anything. I am really hoping that some of them won't reply at all and I will win by defgault, am more worried about those who will defend. Will let you know if I hear anything and please do let me know if you hear anything, fingers crossed.

[carlyt123]

Hi

Abbey had filed acknowledgement of service and had until 10th June to enter their defence. They say that there is a questionnaire issued by the court next and to save time and expense filling it out they will give me half the money plus court fees.

Obviously I don't want to accept this, but really was hoping someone could tell me what to expect next and how to respond to this letter?

What is this questionnaire and how should I respond.

in their defence they say that as I am claiming all the charges back it does at least cost them something which I suppose is fair.

Please help me I am really unsure of what will happen next and how I should be responding

Thanks so much

carly

[carlyt123]

ok thank you both very much, you have made me feel strong again.

I will write my rejection letter straight away then.

Do I take it that all the cases I have will go on to this questionnaire then?

Right off to write my letter, thanks again

Carly:)

[carlyt123]

Hi,

No, unfortunately I haven't heard any more from them since their 50% offer. The deadline for the allocation questionnaires to be sent in is 26th June, my has already been sent, so I suppose I just have to wait and see what happens next now. Hopefully more info for you next week after the deadline.

[carlyt123]

Hi,

Wondering if anyone can tell me what happens next?

I had a deadline for the allocation questionnaire of 26th June, I sent mine in a week early!!

Obviously it is now 9 days later and I haven't heard anything at all from DG solictors or the courts. I am I supposed to be following it up in some way, I just assumed I would receive correspondence?

Any advice would be great, have got anthert wo at the same stage as well

Thanks

carly

[carlyt123]

Thank so much for that. I was beginning to worry that there was osmething I had to do.

Yet more waiting then by the looks of it.

I will let you know as soon as I hear more.

Thanks again and good luck with yours

Carly;)

[carlyt123]

Hi,

Thanks for that info, just checked it out and it turns out my trainee is Jodie Bilsland, so it seems my delay is not down to the holiday-worst luck! I thought that must be it, but no, seems they are just dragging it all out as long as possible.

I have added problems here as you may have read at the beginning of the post, as my company ceased trading on 31st May and companies house will soon close my bank accounts down, so it is imperitive that this claim and another one I have with Barclays are wrapped up in the next couple of weeks.

I am wondering if there is some way they know this and that's why they are making me wait. Probably just coincidence, but I very suspicious at this point!!!

I'll let you know when something happens!! Soon hopefullly...

[carlyt123]

Well I am just so impatient and couldn't cope anymore, so I phoned the court today and finally got some info.

My case has been set for an allocation hearing on 8th September. Apparently there is an hour and a half of people just claiming bank charges and the judge has put us all in together at 2pm!!!

Absolutely praying though that it doesn't take this long as I'm not sure my account will still be open byt then and it will have all been for nothing.

Fingers crossed!!!

[carlyt123]

Hi Karnevil

 

I was hoping you would see this post. Yeah apparently the guy at the court said that the one judge has lumped in an hour and a half's worth of us all claiming bank charges but against different banks. Both my Abbey and Barclays are in this hearing.

Hopefully as you say the judge will be very bored by then, but according to the guy at the court all they do at this stage is say whether it will go fast track, small track etc and whether everything is ok with allocation questionnaire, so it all seems very pointless anyway. It isn't as if I will win anyhing after this hearing, just have to wait another 3 months for another hearing!!!

Can't stop waiting for the postman either, because what if an offer arrives!!! My nerves are shot!!!!!

[carlyt123]

Karnevil

 

Was also thinking about sending a follow up letter to try and speed up an offer from them. Something along the lines of court hearing now set, you will lose anyway so why not just pay up now?

What do you reckon?

Patience is a virtue I don't possess!!!!

 

Carly

[carlyt123]

Hiya,

 

Yeah on the one hand I am relieved to know what's going on and on the other I feel utterly depressed that it will be 3 mths from the AQ until we go to court.

I feel a negotiation letter is our only hope to speed this along, they are completely playing us. I definitely reckon a mention of the interest accruing has got to be worth it.

Right I am decided, thanks for pushing me, I am off to draft a letter now. I'll be damned if I am just going to sit around and wait for my a/cs to be closed after I have done all this work, yep I am off to right it now while I am fired up!!!!

[carlyt123]

Ok Barracad, you know best I will hold fire then.

Do you not think I will end up waiting until this court date of 8th September if I do nothing then? I am racing against a clock here as I don't know when my a/c will be closed fo this business.

Thanks

 

Carly

[carlyt123]

Thanks so much Barracad, you are a star!

Not only do I feel much better about the wait time now, but it sounds like you have stopped me from making a terrible mistake

 

Thaks again

 

Carly

 

Don't send yours either Karnevil!!

[carlyt123]

Hey,

Ohhh that's sound interesting, just having my dinner and then will check those threads out.

Thanks Karnevil

PS yes bodes is a word!!!!!!!

[carlyt123]

OMG, they have offered full settlement:D

I wasn't able to get to the shop yesterday to check the post (which has become a daily ritual!!!) but I went down today and sure enough, Abbey have finally offered to settle.

Obviously without admission of any legal liability, but in full with interest to date and court fee.

Not paid into my a/c yet, but as soon as it is I will make my donation and do the results survey.

Two more to go now and only one more before they shut this a/c

 

Soooooooooo excited!!

 

Carly

 

PS Karne, it will be you soon!!!;-)

[carlyt123]

Thanks Karne, I am so chuffed about it.

It can't be long for the others na dyour now then can it?!

 

Now we've got one each I feel like they are all in the bag!!