2nd Contact

[xynerate]

Well, wrote off to Abbey early February and only just got a response back from the abbey asking me to pay £10 for the info (i beleive this is correct). However they said the response was dated from the 2nd March but only posted in April.

 

So, going to pay the £10 for the statement of transactions and see what happens then.

 

Addition : jsut been reading some other threads, the letter I received from abbey gave me the option to take the £10 out of my bank account (which is what I chose) and faxed back the request. So now do i have to wait 40 days for them to send me the statements?

 

Richard

[Seminole]

Yes. This is one of their slimy delaying tactics. You will now have to wait 40 days but don't forget to claim the £10 back if you have to sue them.

[xynerate]

Things are going quite well now, have received all the bank statements I require (Calm before the storm I think:).

 

Anyhoo, I have filled in the spreadsheet. Couple of questions

 

Does anyone recommend claiming the 8% interest?

Should I send abbey a printout of the spreadsheet or just put the total amount in the money claim letter?

 

Thanks in advance

[Guest Lueeze]

Please keep to 1 thread, the moderators are spending too much time trying to keep the forum orderly, rather than helping people with their claims!

 

Thanks

 

Louise x

[Beaker_smiles]

From what I've read in the FAQ's, at this stage you ask just for the money shAbbey have deducted unfairly - including interest deductions if they are for unauthorised overdrafts caused by the deductions (although there is some debate about claiming the interest charged, it appears to be personal preference).

 

The 8% interest calculated on the spreadsheet is only added if you have to escalate your claim to court proceedings.

[xynerate]

Sent off the letter special delivery which they have definatly received today. So now just waiting for a response, probably that I must take them to court. Will keep you posted. Claiming for £1250

[Jamloo]

Hi Xynerate,

 

You only claim the 8% interest when you put a court claim in.

 

"Having received your statements and calculated your charges plus interest which you may have been charged on them if you were in overdraft at the time, enter the charges into the spreadsheet which is also provided in the Library section of the www.BankActionGroup.com forum. This will provide you with a total which you can claim from your bank.

If you have to issue a court claim, the spreadsheet will also calculate interest at 8% as allowed by s.64 the County Courts Act (1984) and which you will add to your claim at that point. NOTE: you do not claim the 8% unless you put in a court claim."

 

 

Here's a link http://www.consumeractiongroup.co.uk/forum/showthread.php?t=243

[xynerate]

The abbey have until this friday to pay up (26/05/06) otherwise small claims court it is. What if I do not hear from them by this date with a yes or no answer? Do I start the proceedings anyway?

[Yorkyclaims]

Have you sent off the 2nd letter (The letter before action?) - If not this is the 2nd step. If you have sent this, then either go to moneyclaim's website of pop down to your local county court

[Beaker_smiles]

Reading your thread, it looks like you are still at the first stage, the DPA request. If you haven't received your account data back from shABBEY, then write them a second letter, asking for the information immediately, and tell them you will refer them to the Information Commissioner if you haven't received it within 7 days.

 

If you get your account statements through, work out what you are owed and send the 1st letter before action from the templates section (excluding the 8%, that bit comes later)

 

If you don't get the information, then write a complaint to the IC (I'm not sure if there is a template or not) informing him of Abbey's non-compliance with a DPA, and you can also start a small claims action to get hold of the data. More information is available in the FAQ's section.

[xynerate]

Yes I had sent the letter before action with a breakdown of transactions (exluding the 8% interest) 14 days ago. I have not received a reply from them so

 

Is it now I go to the small claims court?

 

BTW on their telephone banking system there is an option for "About the OFT announcement". Abbey are still saying that the bank charges are fair and that they can be avoided and that they have no further comment to make whilst they dispute/resolve the OFT announcment

[NeilP]

You are entitled to start proceedings AFTER today as you gave them up until today to pay you.

 

The choice is yours whether you do this through Moneyclaim Online, or downloading the forms and taking them into your local County Court.

 

I have seen Abbey use an excuse that they do not know the breakdown of the costs (usually as there isn't room on the MOL form to detail it all) despite the fact they have all our records and it was them that debit them in the first place!!

 

So, i would see this as a good reason to download the forms and then you can as long as you can fit it in the box, you can put whatever information you like (there is a template in the FAQ section) and include the charge breakdown if you like. But this is just my opinion.

 

Good Luck

[xynerate]

I have reveived a letter saying that they need 4 weeks to look into my complaint. 2 days later another letter says they are sorry that has taken 8 weeks since my initial letter to them to look into my complaint. Maybe because I found out that they froze my bank account claiming I was not living at my address (wondered why i was not getting any responses from them).

 

Sod them. Claiming for £1200, moved all of my money to a new bank account. Going to proceed with court.

[xynerate]

Received a letter from Abbey's lawyers. They are requesting (as one of the posts said they would) requesting a list of transactions. SO I have now sent them and the courts a copy of the transactions.

 

Will keep you posted

 

Claiming £1200

[jonni2bad]

Best of luck - we're watching

[xynerate]

hi, well sorry for the dissapearance. been working away. anyhoo, abeey wrote offering me 50% of what i am claiming. Before i could get a chance to refuse this i received a court questionnaire and abbey have filed their defense. i have until 8th August to send my questionnaire back to the courts.

 

Any advise on what I should do? Also I havent hit the start link on the moneyclaim website yet?

 

any comments appreciated

[Lula]

From what I see of other peoples actions, refuse the 50% however, say that you will accept 100% before the 8th or you submit your questionnaire, dont let them make you sign any confidentiality agreement and make sure the wording states that it is in full and final settlement of THIS claim (that way if you ever need to claim again, you can)

 

Of course, you can settle for the 50% if you like, but it is your money and you should have it all back

 

Best of Luck

[jonni2bad]

hi, well sorry for the dissapearance. been working away. anyhoo, abeey wrote offering me 50% of what i am claiming. Before i could get a chance to refuse this i received a court questionnaire and abbey have filed their defense. i have until 8th August to send my questionnaire back to the courts.

 

Any advise on what I should do? Also I havent hit the start link on the moneyclaim website yet?

 

any comments appreciated

 

Does this mean that you didn't realise the court case had started?

 

Have you received other papers from the court previous to these?

[xynerate]

The last date of filing the questionnaire is Monday coming. I received a letter from abbeys solicitors saying they have files they are about to file theirs as well, and their first offer (50%) is still available. What is likely to happen now? Will it go to court?

[Lula]

I would email them, thell then that you are about to file the questionnaire, but before you do, say that you are giving them the chance to offer, fr quick settlement, the full amount of your claim, istating that if you file questionnaire that it will increase their costs, if they say no then file away and add the extra to your claim, they will offer 100% before long. They are masters of brinksmanship but cave in the end

 

Good luck

[xynerate]

Filed my questionnaire today. Hopefully the bank will settle. However since I have moved my bank account to another bank I am hoping the money I am claiming £1230, will pay off my current overdraft with the Abbey, until the abbey withdrew my overdraft facility and are now charging me £20 per month for being overdrawn without an agreed overdraft:(

[xynerate]

This topic was closed on 08 March 2019.

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