nabby68 vs abbey

[nabby68]

I have sent a letter to abbey requesting a full refund of £1777. Today, Abbey have sent me a letter acknowledging my "complaint" and that somebody is dealing with it and will reply to me within four weeks after a thorough investigation. Is this yet more stalling tactics from Abbey? So should i wait for the end of the 14 day deadline from the date of my "request" lettes and then send them a LBA letter?

[airbag]

from what Ive read on others, just wait the 14 days you give them in the prelim letter and after that just go straight ahead with the LBA letter.

[nabby68]

thats what i was thinking, thanks airbag.

[nabby68]

hi everyone,

well the 14 days are up from the date i sent my prelim letter and i have had the usual stalling "we will get in touch" letter from abbey. I am now ready to send my LBA letter, do i have to re-send my list of charges i am claiming back as i did in my prelim letter?

[nabby68]

i have just recieved a letter from abbey, stating that after investigating my claim for a full refund of charges, they feel that the charges are lawful and they have offered me a £30 as i gesture of goodwill ! i have sent my LBA letter 3 days ago but i dont think that this reply has taken that letter into account.

So, shall i wait 14 days from my LBA letter to start court proceedings?

[charleyfarley]

I think that the general advice on here is that you should control the timescale of the claim yourself, and not allow yourself to be sidetracked or fobbed off by the Banks' Complaints Dept. So keep to your own timetable, write and acknowledge the GOGW payment but explain that you will be continuing with your claim for a full refund.

 

This is the template:

 

Response to settlement offer.

 

Dear [named sender or Sirs]

Thank you for your letter dated xx/xx/xx

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My letter before action sent previously indicates that you have until xx/xx/xx to respond before Court action commences. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

[nabby68]

thanks charleyfarley

[nabby68]

i have just recieved two letters from Abbey saying that they are investigating my complaint and they will be getting back to me in 4 wks!

Anyway, two weeks have passed since i sent my LBA letter, so should i go ahead with court proceedings? and also Abbey have credited my account with £30 as an offer of goodwill gesture. I did write to them saying i would accept £30 as part settlement but still required the full amount. So, in my court application do i minus the £30 from the amount of charges i am re-claimimg back?

[Guest louis wu]

Well done Nabby, you seem to be on top of things.

 

Yes commence court preceedings and minus the £30 that Abbey have credited to you. Make sure on your schedual of charges that the £30 relates to the most recent charge (unless they have specified to what charge it relates to).

 

It is important to remember that YOU control the timetable (as you have done so far), and Abbey will do what they do best....nothing but stall.

 

Best of luck

[nabby68]

thanks for your comments louis

 

abbey have not stated that the £30 is a refund of any charges, just that it is an offer of goodwill, so do i just minus the £30 off the £1777 that i am reclaiming?

[charleyfarley]

Hi nabby,

 

I think louis is referring to any interest claim you are running, so that the most recent £30 charge incurs the least interest. Deduct the £30 from you overall claim.

[Guest louis wu]

spot on charley, exactly what I meant

[nabby68]

hi everyone, i am at the court stage, but i think i have just noticed a major blunder on my behalf!!

when i sent abbey a copy of charges i am claiming back, i have just noticed that the date of charges go back to march 2000 to present day1

am i right in saying i can only legally claim back charges for the last 5 years??

please help

[nabby68]

can someone give me some guidance on this please?

[Mad Nick]

Nabby,

am i right in saying i can only legally claim back charges for the last 5 years??

No. The Limitations Act 1980 gives you the right to claim within 6 years of when you became aware of the issue (ie first wrote to them about it). HOWEVER ...... I did the same as you (only I did it deliberately to see what would happen). Guess what, I just got Abbey's defence and they have either not realised or decided to let it go. See what Abbey say in defence to yours, and then read up on the Limitations Act Section 32 so that you're ready for Abbey's phone call trying to settle (just in case they raise it). If they don't include in their defence, they haven't got a leg to stand on. Regards, Mad Nick

[nabby68]

thanks mad nick, thought all my hard work had been wasted!!.

when you say "in their defence" do you mean after i have started court proceedings?

also, is it likely that they will call with an offer to settle before they enter a defence for court?

[Mad Nick]

Yes and yes (a letter probably, not a phone call). Regards, Mad Nick

[nabby68]

hi everyone. just about to start court proceedings, but getting a bit confused now. if i use money claim online then do i need to supply a full schedule of charges including 8% interest?

[nabby68]

further to my last post, when filling in the MCOL form, which adress do i put in for Abbeys adress?

[caj123]

i do believe you can give your local branch as their address, that way if or should i say when you win, and they FORGET to pay up, you can send in the bailifs, as did that very determind claiment in the press not too long ago.

i have read on a few post that this is the best address to give but please wait for others who are more expierianced than me to give you advice to.

good luck x x i'm nearly there at your stage x x x x;)

[caj123]

and also a quick reminder, remember to now claim interest.

[nabby68]

yes, thanks caj 123, i am claiming interest. i have now filled in the MCOL form and i have put abbey national head office as the adress. will this be a problem?

[nabby68]

i have filled my MCOL form in and i was wondering how long Abbey have to respond or enter a defence?

[nabby68]

This morning i have recieved a reply from Abbey regarding my claim. They say that, "they are preparing a response" and that, "a defence will be filed in due course".

They go onto say that they have not recieved any details of how the ammount of the claim was calculated and also how the interest that i am claiming was arrived at. So, they are asking me to provide details on both.

My question is, Do i have to provide them with the details requested bearing in mind that i have already sent them details of the charges claimed, but i have not sent them details of the breakdown of interest claimed?

And, they also request an e-mail adress and telephone number to contact me on, Should i provide these?

Also, the response this morning is from Abbey head office, where i filed the court claim, and not from the complaints department, who have been dealing with me up untill now.

[nabby68]

nudge