ABBEY BANK

[millymollymoo]

Hi DS:) Barclays have finally sent O/H his statements!!!!! Barclaycard acknoledged the claim so O/H is waiting for their defence. We have never got this far before with the others as they have settled, so may be needing some help!!!!{if you don't mind!!!]

 

I am happy for youconcerning your cheque. Did your O/H get his money ok???

 

Milly XXXX

[TUTTSI]

Hi Milly,

I was just thinking about you and then my email went beep, and it was from you. Now you have the statements you can check that you have all the charges!

 

Well my O/H did make contact with the chap who sorted my claim and he did promise to deal with his claim and he said a letter of offer would be with him by Saturaday, well nothing in post Saturday, so he will call him tomorrow. He told my hubby that he was leaving shortly, so my O/H was very anxious to get it resolved at the quickest possible time. He did tell my O/H that they do not as a rule pay out till just before the court date but as a favour he would get his claim settled before he leaves. But who knows what they will do!

 

A funny thin has happened this week, you know my GM Claim (HSBC) they paid out a week prior to the court date but they would not pay me the costs! I had already written to the courts requesting the costs, the order arrived this week allowing me £50 costs on this claim, with a judgement against them, so although GM have settled, I believe they have another £50 to pay otherwise they will have a default!! They play a rotten game and they get caught out by their lack of responsibility for settling these claims, so late.

 

Great to hear from you and keep up the pressure on your claim, if I can help in anyway just ask!

Regards

DSxxx

[millymollymoo]

Thank you hun and sorry I have not been around offering you the support. I have had so many probs with my car lately and now my new car its unbelievable. I was running late with my claims and O/H's. I am nearly up to date!!! I hope your O/H gets his money really soon. Just remind me what stage he is at s mine is waiting for their defence and as you know we have never got that far before and will ask for your kind offer of help if you can!!

 

Milly XXXXXX

[TUTTSI]

Just an update, no word from Abbey, so have issued a N1 claim and my O/H will take it to the Court on Wednesday.

 

Claim is for £4,484.50 charges, £2,001.32 Contractual interest total £6485.82 + £250 court fee Total claim £6,735.82

 

DS

[millymollymoo]

Woo hoo off you go hun and good luck.

 

Milly XXXx

[TUTTSI]

Thanks Milly, as well, I did the N1 claim for my o/h on HSBC personal account. Tonight we are going to have a bash at the Business Account also with HSBC and a couple of small ones with GE Money.

Anything you want help with just ask.

Regards

DSxxx

[doo]

hi ds, just looking for some advice, have a thread on abbey forum for my brother, now his claim is just under £5,000 and today he received a GOGW for £460 - now will take same action as you, send letter and amend spready, which obviously then brings his charge amount down so file court action for amended amount. Also, he has just received letter saying they will be taking a further £170 in charges from his account on 17th May, now if I hold court action until 18th am I right in thinking I can add this amount onto the claim?

[TUTTSI]

Hi Doo,

Good to hear from you, IMHO, I personally, would add the new charges of £170 to the spreadie and then deduct the GOGW, then claim for the balance and issue the claim against them. Because if you leave it you will have to do a separate claim or amend the claim which I think would be messy.

Let me know what you decide to do.

Ds

[doo]

Thanks ds, will amend spready to show GOGW and add new charges, when I said wait I meant until the new charges go out of the account, which is the 17th May, I thought I would have to wait until the charges had been taken before I could reclaim them, if you see what I mean.

[TUTTSI]

Hi Doo,

As you know what the charges are and they have already told you that they are going to take them on the 17th, why not enter them on the spreadie. In any event the 17th is only next week! but I think that you can add them and start dealing with your claim, take new copies of your spreadie to add with the N1 claim, the quicker you start the process the better. Put your new charges on first with the 17th May date and deduct the GOGW the date they gave it to you from the total.

 

My N1 is being taken tomorrow by my O/H to the courts along with his N1 claims for HSBC Business and Personal. We could be running neck and neck and to see which court deals the fastest. Our nearest Court is in NW London, where is your local Court!

Good Luck, with your claim and keep in touch with your progress.

DS

[doo]

Will do spreadie and get N1 ready - it's not my claim it's my brothers who lives 50 miles away, he can't afford to take it in until next week anyway but will get it all done and send it down to him. His local court is Romford, I wonder if they use the draft order, I may be wrong but I think you may have mentioned that yours does. Think you will be a week ahead of me but you never know, depends on how quick the court deals with claims.

[millymollymoo]

Thanks DS:) I appreciate all the support I have had from you, you know exactly what you are doing and you get what you deserve.

 

Milly XXXXXXX

[TUTTSI]

NI claim was taken to court at Barnet CC this morning, the clerk told my o/h that they are quicker there than at Willesden.

So hey ho let the fun begin!

 

Doo, good luck with the claim, lets hope that Romford, do the draft order. My O/h claim at Willesden they did not do the draft order even though he completed it exactly as we had done previously. Lets see how quick Romford are!

 

And, Milly, you have been there big time supporting me, and without the support from CAG members I would never in a million years dreamed it could be possible. How is your O/h's claim going!

 

Also, my o/h got his offer from Barclays today, the same guy that paid me out has bought his claim forward, the guy from Barclays asked my O/H how I was, using my first name.

 

Regards

DSxxx

[millymollymoo]

Barnet!! Not far from me hun!!!!

 

My O/His still waiting for defence from barclaycard!!! They will though defend I am sure, then the fun starts!!!!

 

He has sent prelim to Barclays yesterday and Egg their LBA. GE Money their LBA [they have completely ignored his Prelim!!!]

 

So quite a lot hunnie.

 

P.S Wow I hope that guys still around when O/H gets his court date. I suppose it depends on Hertford dispensing with AQ's or not in his case!!!

 

milly XXXXX:)

[doo]

Hi ds, have no idea how Romford are dealing with these claims, it would be good to have a list of courts that are using the draft order. Thanks for your back-up on this, makes a big difference. Hi milly, you sound busy as usual.

[TUTTSI]

Milly, which court is your nearest! as soon as it all kicks off and you get the defence and hopefully the AQ, and then once you have your court date we will have to see if my nice friendly guy is still at Barclays so he can settle your claim for your o/h quickly. What is the time scale for them to issue their defence! It seems ages ago!

 

Doo, I agree it would be a good idea to know but there is not a lot you can do with it as you would have to go to your local court unless you had an address in an area where the courts are using the draft order. In my o/h case with Barclaycard, the same court that I had, but a different Judge, he ignored the draft order and the court date is August. But because I made a good contact at Barclays with my claim, they have agreed to settle it now, because I told them that they had no intention of actually, sending in their bundles and that if my o/h had to prepare his, he would claim in addition a wasted time order. He agreed with me and has agreed to pay his claim now rather than later.

 

DSxxx

[doo]

We are in the hand's of the judges. Apparently Colchester send bank claims to Southend, quite a way away for me so hope I can get this cap one claim sorted before I have to pay a visit. It would be so much easier if all Judge's applied the draft order, ok would involve a bit of work by us but would stop the bank dragging the case out.

[TUTTSI]

Doo, I was reading a thread by Garyh it was on the Abbey thread - about Abbey's the abuse of the system, but he also says it could apply to the other banks such as Barclays,HSBC Etc. it sets out Section G of the AQ, in great detail and apparently it was recently use by an Abbey claimaint and the defence was struck out by the judge. From my experience of Cap One, they paid as soon as their defence was entered.

DS

[doo]

Thanks for that ds, I will have a read tomorrow, all this is a bit frustrating, cap one have paid out on another 2 contractual claims today have got as far as AQ but did send in a letter to cap one and the court about their allocation questionnaire, they are still saying they have paid the claim in full so just put a few things right both ends. Not sure if that was the right thing to do but they made me mad.

[TUTTSI]

Well, Abbey had till 15th June to get their defence filed. So the clock is ticking.

 

But now in light of Judge Stephen Gerlis interview on Radio BBC4 today, he stated that on behalf of all London Judges they want a case to go to the court of appeal for a test case, this is indeed very worrying for us.

 

What's the betting it will be one of our cases, we have 3 currently at Barnet and that is one of the courts where he resides. I believe the circut could also be Willesden and Edmonton as well. :-x

 

DS

[TUTTSI]

Hi Guys

I have found Abbey T&C's from when I opened my account back in MAY 99 at that time they called them 'CONDITIONS' and changes to T&C's March 2006, nowhere in these conditions does it state why they would charge for instance going overdrawn, them paying a DD when there was no cleared funds etc....only that "We may also change our charges to reflect changes in technology or in the direct cost we are required to pay others, or to take account of inflation"

anther one of these conditions "we may change our interest rate or our charges at anytime for one or more of the following reasons:-

(i) to maintain competivemeness of our business as a whole taking into accouny actual or expected changes in market conditions;

(ii) to reflect or expected changes in money market interest rates;

(iii) to ensure that our business is run prudently;

(iv) to reflect a change in general banking practice;

(v) to reflect any regulatory requirements or guidance, or any other change in the law or a decision or recomendation by the court or an Ombaudsman or

(vi)to enable us to harmonise our banking or charging arrangements.

 

Apart from a few other conditions I cannot find pacifically any conditions that relate to Fees or Charges or if in fact they are a penalty!! and the reason that they might charge a fee for this purpose.

 

Any views are most welcomed.

DS

[Robdblynd]

RekaTech

 

Here's the link you wanted DS.

[TUTTSI]

RekaTech

 

Here's the link you wanted DS.

 

Thanks Tricia, what comparisons did you deduce from the two sets of conditions.

DS

[TUTTSI]

I received the defence today along with an offer of 65% of my claim.

 

Not sure if this is this is the norm, so I will type it out so maybe someone can advise me on whether this is bog standard, and it is drafted by a paralegal at Abbey.

 

DEFENCE

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 to be particularised (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 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 overdrawn 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 Condition and of the said Tariff of Charges as they were 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. Therefor by virtue of the Conditions referred to in paragraph 3 above such overdrawing was unauthorised and in breach of contract and the Claimant became liable to pay fees to the Defendant in accordance with its Tariff of Charges applicable at the relevent 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 of £6735.82 or any other, amount was unlawfully debited to the Account and the Claimant's 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 Claimant's contention that the said fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportionate to the Defendan's administrative expenses incurred due to the Claimant's breach of contract and are a genuine 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 Defendant's administrative expenses incurred (which is denied), the Claimant remains liable to pay such fees as may be 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.

ABBEY NATIONAL plc

ds

[Robdblynd]

Almost identical to mine. Same old same old with Abbey.