*****RightoFight V's Abbey*****

[righttofight]

Hi everyone,

 

Just introducing myself. I've just managed to pluck up the courage and start the ball rolling after a couple of months researching how to pursue a claim against the Abbey in relation to unjustified penalty charges.

 

I've recently sent my first letter (recorded) off to Abbey on the 25/01/07 for the disclosure of listed transactions & charges dating back 6yrs. So far I've received my 1st response from Abbey on (05/02/07) which was quicker than I anticipated, advising that they had acknowledged receipt of my £10 for the information to be disclosed.

 

The letter goes on to advised that the information remaining on there systems e.g. in the form of statements, "normally" covers the last fourteen months & will be sent out to me within 5 - 7 working days from the date of there letter (01/02/07). This acknowledgement will also include a list of archived transactions between 2000 - 2005 taken from microfiche, under separate cover.

 

Since then I've received my first batch of statements for the last thirteen months as opposed to fourteen months on the 06/02/07. And from what I understand, and what I have read on the CAG website, there has been apparent issues regarding microfiche information, and the fact that the transactions & charges listed being very difficult to determine what they actually relate to.

 

Even though I havent received my microfiche data yet, has anyone else had the same dificulties understanding these and has anyone yet got any advice on how to decipher.

 

Also if there is any other advice that will help for a less bumpy ride, this would be greatly appreciated.

 

Many thanks,

 

Tony

[spicester]

the fiche printouts I received are actually not too hard to understand - the only real problem is that they do not show in some cases what the charge relates to - ie they might show cleared transaction instead of cleared driect debit or cleared cheque etc. You will just have to put them down on your spreadsheet once you get all the relevent info exactly what is put down on the statments you receive - this way it will all cross reference with your charges spreadsheet and the statemenst themselves.

[spicester]

ps sorry for the spelling typing to quick lol

[righttofight]

Thanks for the response spicester, it appears you were right!

 

I've since received my microfiche statements on the 15/02/07, which I found very easy to understand. I dont know why I had this preconceived idea that it would be difficult.

 

So far I have transfered all the charges to the calculator spreadsheet, and was very shocked to see how much I've actually paid Abbey over the last 6 years. The only problem I've encountered so far is the fact that I'm 1 statement missing. Which going by some of the threads I've read is not bad going at all.

 

I've since called Abbey (19/02/07) regarding the missing statement and spoke to a very polite rep who advised that they would have the missing statement to me within 5 - 7 working days. Once I've received this statement I will then proceed with my prelim letter.

 

:idea: I also have a question regarding the charges that are to be listed. When placing the charges on to the calculator spreadsheet, do I include all charges incurred e.g. Unpaid DD, Unauth O/D, Unpaid S/O & Cleared Transaction charges? Or are these to be listed and claimed for separately. Maybe a silly question, but I just want to make sure everythings correct.

 

Until then, will keep you all updated with my progress,

 

Cheers, T

[spicester]

 

:idea: I also have a question regarding the charges that are to be listed. When placing the charges on to the calculator spreadsheet, do I include all charges incurred e.g. Unpaid DD, Unauth O/D, Unpaid S/O & Cleared Transaction charges? Or are these to be listed and claimed for separately. Maybe a silly question, but I just want to make sure everythings correct.

 

Include all charges on the one claim and in the order they were charged by date. You just put the title of the charge as it is shown on the statments you have. When you are ready to send in your first letter make sure you enclose the print off of the spreadsheet just make sure you delete the interest columns first.

[righttofight]

When you are ready to send in your first letter make sure you enclose the print off of the spreadsheet just make sure you delete the interest columns first.

 

 

When you say, make sure you delete the interest column. I'm assuming you just send of the total charges without interest included?

 

Cheers,

 

T

[righttofight]

Can anyone advise me on what to include with my prelim letter other than the template e.g. Interest. Im still awaiting a missing statement before I do this which hopefully should be with me tommorow (With Luck!!). If this doesnt arrive, then I will be proceeding with my prelim.

 

The last reply I had suggested that I delete the interest column on the spreadsheet. If this is the case do I just delete this column but still include the interest indicated, or do I request a full refund for the total amount excluding the interest which it indicates on the calculator spreadsheet?

 

Ive had a look at the guide for "Reclaiming Bank Charges", under "What Interest do I Claim?" section, this show me 3 options -

 

1) Overdraft Interest paid by you on the Charges

 

2) Statutory Interest under section 69 of the County Court Act

 

3) Contractual Interest

 

The first option appears to state that I include this on my list of charges from the spreadsheet that I send with my prelim letter to the bank.

 

The second option indicates that I ONLY include this when I file my claim with the court and not before at 8%. (This I can understand)

 

The third option is related to "Contractual Interest", which to be honest I dont really understand. Mainly due to - How to calculate this? & When to include this?

 

Please could anyone help me, as really need to get this right before I send me prelim?

 

This would be greatly appreciated,

 

Thanks,

 

T

[philread1]

Hello rightofight

 

You don't need to worry about the interest at the moment, you only add the interest once you have put your claim in through the court. As said before, print out the schedule as per the template, but minus the last 2 columns. The only columns you should have on your schedule are Description of Charge, Amount Charged & Date Incurred.

 

Phil:)

[philread1]

The interest you want to reclaim is up to you.

 

With the option 1 as you stated above, this is the interest that the shABBEY have charged you in the past for being overdrawn and should be put on your schedule with the other items.

 

If you have had an authorised overdraft with them, they are allowed to charge 'x' amount for giving it to you, which is fair enough, but if you can prove that part of this interest was because of their unlawful charges, then you are entitled to claim that part of the overdraft interest back.

 

The problem comes from splitting it up, between what they can charge and what they should'nt. I decided that it got too messy, and I think you will find out in proportion to the rest of your claim it won't amount to that much anyway. Its upto you!

 

With the other 2 sets of interest you can claim, these can only be claimed once you file your claim with court. You can only claim for one or the other, though, not both!!!!

 

Hope this makes sense!

Phil:)

[righttofight]

Thanks for your speedy response Phil,

 

Im sure its not all that complicated what Im asking, but I just need to confim my thoughts before actioning something.

 

Once again, many thanks,

 

T

[righttofight]

Thanks Phil,

 

You manage to add another response before I had chance to see it. Really appreciate your advice on this matter.

 

I think I will just send my prelim letter, along with a list of charges without interest as intially suggested. Then include the 8% when I file a claim with the courts. That way it keeps things simple for me....

 

Cheers,

 

Tony

[righttofight]

Well here goes,

 

Ive just sent off my prelim letter today with my list of charges. I had previously requested a missing statement which "surprise surprise" did not arrive, so thought I might aswell just get on with it as it was only 1 statement out of 6 years worth.

 

The letter I sent was taken from the template library, and I noticed there was a section to input your "Overdraft Interest" on top the amount taken in charges alone. I have attempted to work this interest out with the advance calculator but do not know my account balance on these dates as this is not indicated on the microfiche print outs.

 

So with this being the case, I have decided not to include the "Overdraft Interest", but will include the "8% Interest" as and when I file my claim.

 

Could someone confirm if what have done sounds O.K???, as Ive also read further on when this eventually gets to processing a claim through MCOL, that -

 

"If you have not already sent a full schedule of charges "and overdraft interest to your bank"

-- then --

stop!

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

 

Although Ive sent my list of charges with my prelim which I will also include with my LBA, this concerned me a little. Maybe Im just getting myself in twist. But am I right in saying that if I supply my bank with a list of the charges excluding the "Overdraft Interest" as Im unable to work them out, but then add the "8% Interest" when I file a claim. Does this sound O.K???

 

 

Any guidance on this on this matter would be greatly appreciated,

 

Many thanks,

 

Tony

[Advoc8]

Thats right, if you're claiming statutory interest then the schedule of charges is without interest for prelim/LBA, schedule with interest for the courts/defendant when the claim is filed with the court

[righttofight]

Thanks for the confirmation !!!

 

Just to keep you all updated, I have so far received the standard generic letter advising that they will write to me in 4 weeks following a full investigation to my claim, "Obviously missing the point of course regarding the my 14 days deadline as quoted", So I have now proceeded in sending off my LBA having already given Abbey 14 calender days to deal with my intial request in the prelim letter.

[righttofight]

Update - About to proceed with MCOL claim, need some help !!!!!

 

Received letter from Abbey (2nd Class Post) just after sending my LBA letter off (Special Recorded). This was due to the fact that Abbey had responded to me advising that they want to complete a thorough investigation that would take 4 weeks when I had given them 14 days to action my request to a refund.

 

The letter received advised that they were prepared to offer me £425 as GOGW when my intial claim is for £4,668. I immediatley sent another letter of course rejecting this but accepted as a partial offer provided this is followed by a full refund within 10 days. Checked A/C & found that they had refunded me with £430 after advising me £425 GOGW.

 

Next letter I received was inform me that they are sorry to hear that they have not been able to resolve my concerns, and that they would write to me within 4 weeks after there investigations (AGAIN!!!!).

 

I'm now at the point of proceeding with a claim through MCOL, as they have still not refunded my charges, and have yet again asked for a further 4 weeks to investigate and there deadline for my LBA letter expired on the 4th April. My claim has been a little delayed due to my partner having our child, so I'm now ready to progress further and file my claim.

 

So far I have registered my details and got to step 5 of 8 where it is asking for my Particulars Of Claim, and the amount that I'm claiming (This is where I'm getting a bit confused).

 

:idea: Can somebody advise me on what I need to put in the "Particulars Of Claim" box & how this should look????

 

:idea: Also could someone advise me further on the part where I input the amount I'm claiming. When I enter the figure I'm claiming do I input this with the 8% interest on or do I just tick the necessary box indicating that want to reserve my right to claim interest but leave this amount of my total figure???

 

:idea: In addition to this when I input the figure I'm claiming it states that the court fee's are £120 if inputting my figure without interest, and £250 if inputting my figure with the interest added.

 

 

Much Appreciated,

 

T

[righttofight]

Update - (Please could someone having a read of the following to make sure I'm doing things right so far, many thanks)

 

Have been extremely busy recently, and havent managed to keep my thread upto date. So here whats happened so far, and where I'm now upto.

 

 

2nd May - MCOL Claim form completed with particulars of claim submitted as follows -

 

Claim No - 7QZ63996

 

1. The Claimant has an A/C xxxxxxxx with the defendant, opened June 1996.

 

2. Since 25/06/2001 the defendant debited charges and interest in respect of purported breaches of contract.

 

3. Defendant is aware of all details as a list of charges has been supplied on 2nd & 21st March 2007. Another copy will be sent.

 

4. Claimant contends: (a) The charges exceed the defendants losses caused by the breaches: (b) The term permitting the defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law.

 

5. Claimant Claims (a) return of the amounts debited of £4,228.50; (b) Interest per S.69 County Courts Act 1984 of 8% - £1,126.14 continuing at 8% until judgment of settlement at a daily rate of £0.93.

 

6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982.

 

7. Cost allowed by the Court.

 

 

 

3rd May - Claim issued to the defendant. Defendant now has until the 22nd May to reply.

 

17th May - Claim acknowledged by Abbey. Defendant now has a further 28 days to file a defence.

 

30th May - Abbey defence filed with the court. (Defence as follow's) -

 

1. Save as is specifically admitted in this defence, the defendant denies each and every allegation set out in the particulars of claim.

 

2. It is admitted that the Claimant has a current bank account with the defendant, account number xxxxxxxx (the "Account").

 

3. At all times the account has been subject to the applicable terms and conditions ("Conditions"), which form part of the contract between the claimant and the defendant and to which the Claimant agreed when the claimant opened the account. The defendant will refer at trial to the full Conditions but for the purposes of this defence will refer to the following extracts:

 

(1) "You can apply for an overdraft on your account. If we give you an overdraft we will tell you your limit and the interest rate applicable."

 

(2) "An unauthorised overdraft occurs if without our agreement you overdraw your account or exceed the limit of an overdraft which we have agreed."

 

(3) "If you have an unauthorised overdraft, you will be charged fees as set out in our Tariff of Charges or specified to you and these may include fees for transactions we are unable to process due to lack of available funds in your account."

 

(4) Throughout the period that s/he has had the account, the Claimant received a number of copies of the Conditions and of the said Tariff of Charges as they amended and updated (though there has been no material amendment to the Conditions extracted in paragraphs 3(1), (2) and (3) above).

 

5. Any overdraft facility on the account was (and is) subject to the Conditions.

 

6. The Claimant has overdrawn or exceeded authorised overdraft limits on the account on a number of separate occasions, full details of which will be provided on disclosure. Therefore by virtue of the Conditions referred to in paragraph 3 above such overdrawing was unauthorised and in breach of the contract and the claimant became liable to pay fees to the Defendant in accordance with its Tariff of Charges applicable at the relevant time. In accordance with the conditions, such fees were debited to the account.

 

7. In view of the facts and matters referred to in paragraphs 3, 4, 5 and 6 above, the defendant denies that the amount £4,348.50 or any other, amount was unlawfully debited to the account and the claimants claim for the repayment of that amount is therefore denied. The defendant denies that the claimant is entitled to claim interest of any amount.

 

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 adminstrative expenses incurred due to the claimants breach of contract and are a geniune pre-estimate of the damage suffered by the defendant.

 

9. Further or in the alternative, even if the said fees are not proportionate to the defendants adminstrative expenses incurred (Which is denied), the claimant remains liable to pay such fees as maybe found to be proportionate and the claimant is not entitled to claim repayment of the full amount of each charge made to the account.

 

10. No admissions are made as to the amounts claimed by the claimant and the claimant is put to strict proof of the same.

 

The defendant believes that the facts stated in this defence are true.

 

 

11th June - Defense to claim filed. Claim transferred to court covering area where defendant lives or carries on business (Darlington - County Durham) Info as follows -

 

1.The filing of an allocation questionaire be dispensed with in this case unless the district Judge at the court of transfers orders otherwise.

 

(Im guessing this means that there is no requirement as this stage to complete an AQ????, but that I should get on with preparing my court bundle)

 

So if anyone has any recommendations/ advice of what I need to do/ prepare for this defense, this would be greatly appreciated.

[righttofight]

Hi All,

 

Have just received a letter from my local county court stating the following -

 

Upon reading the court file

 

IT IS ORDERED THAT

1. The claimant do by 4.00 p.m. on the 16 July 2007 file into court a full breakdown of how he arrives at the sum claimed of £4228.50 and serve a copy on the defendants.

 

Dated 15 June 2007

 

 

I'm slightly confused that I have received this request from the courts, as I have supplied both the court (MCOL) and abbey (on numrous occasions) with a list of my schedule of charges. Does anyone have any idea's on this one, or is this simply just another request for my schedule of charges which I have to supply to both my local county court and abbey???

 

:confused:

 

Any help or advice would be greatly appreciated,