ABBEY BANK

[TUTTSI]

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

Tricia did they also offer you at this stage! and di you do a rejection letter.

Thanks

DS

[millymollymoo]

Hi DS:)

 

Is this bit here:

 

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

 

 

 

Is this asking you to prove your loss before they do?

 

Just had a similiar thing with Barclaycard.

 

Milly XXX

[TUTTSI]

Hi DS:)

 

Is this bit here:

 

 

 

Is this asking you to prove your loss before they do?

 

Just had a similiar thing with Barclaycard.

 

Milly XXX

 

 

Thanks Milly, I will take a closer look at this point. You certainly have an eye for this law stuff.

 

Hows you b/c claim going have you now decided on how to tackle it.

Regards & BW

DSxxxxx

[millymollymoo]

Hi DS,

 

No I don't really. I just keep reading things. Whether things are relevant are another story..lol:D

 

Well I am ready to go, as they say. Judges directions [new stratedy] and RTD, which can be submitted up to the time before the judge decides directions.

 

There were so many rediculous contradictions...lol.

 

Fingers crossed this speeds things up.{ must remember, however this is Barclaystalling we like wasting your timedcard!]

 

Speak soon hunnybun!

 

milly XXX

[TUTTSI]

Hi DS,

 

No I don't really. I just keep reading things. Whether things are relevant are another story..lol:D

 

Well I am ready to go, as they say. Judges directions [new stratedy] and RTD, which can be submitted up to the time before the judge decides directions.

 

There were so many rediculous contradictions...lol.

 

Fingers crossed this speeds things up.{ must remember, however this is Barclaystalling we like wasting your timedcard!]

 

Speak soon hunnybun!

 

milly XXX

 

Good Luck with your claim Milly, with perseverence and hard work you will

get there in the end.

BARCLAY's - now theres a thought!!!!!!!!!!!

I have had a really bad week, told yesterday that my job finishes at the end of the month.

Speak very soon,

DSxxxxx

[millymollymoo]

DS. NOOOOOOOOOOOH! What a shock. are you OK:(

 

You know I am here for you sweetie.

 

Sorry about your job. Chin up Ok!

 

Lots of love

 

Milly XXX

[TUTTSI]

DS. NOOOOOOOOOOOH! What a shock. are you OK:(

 

You know I am here for you sweetie.

 

Sorry about your job. Chin up Ok!

 

Lots of love

 

Milly XXX

 

Hi Milly

Thanks for the sympathy ........back to business, Abbey did offer me 65% of my claim which is fairly sizable, but obviously I would like to see it all but in this ecconomic climate with no job to go to at the end of the month and I just bought a car with the proceeds of my other claims I am thinking money in the bank! or fight Abbey to the end and be poor....er now and then rich....er latter. I might send a Without Predudice LETTER like they have done and tell them what I really really want!! and that would be ALL of it as I am entitled to it.

Bye for now

DSxxxxx

[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

 

Can anyone please shed any light on point 10 made by Abbey in their defence above! and has anyone else had this.

Thanks

DS

[KnellyK]

That's almost the same defence that I received (along with a 65% offer as well!) The only difference I have is at the end of point 7 where they state the amount of (s69) interest that I have claimed!

I took point 10 to mean that I have to provide the evidence (statements/printout of charges) that the money was taken, I'm not worried because I have the necessary evidence!

[TUTTSI]

That's almost the same defence that I received (along with a 65% offer as well!) The only difference I have is at the end of point 7 where they state the amount of (s69) interest that I have claimed!

I took point 10 to mean that I have to provide the evidence (statements/printout of charges) that the money was taken, I'm not worried because I have the necessary evidence!

 

Thanks Knelly, so from what you are saying the evidence is just the statements and printouts of charges that the money was taken!

 

Did you when you did AQ do the new Draft Order for AQ as per B/F's and Garry.

 

Thanks

DS

[Robdblynd]

Hi DS,

 

POint 10 in your defence is, as KnellyK says, just wanting you to prove they took the charges by providing your statements with the charges highlighted so that they are shown to have been taken.

 

I got a 65% offer after I'd submitted the AQ complete with GaryH's abuse of process and draft order for directions. AQ was dispensed by Mercantile so was a waste of time. I wrote to the judge and asked if I could make suggestions that he could consider in light of Abbey's behaviour and then outlined the abuse of process stuff and said he might consider strike out. Didn't work cos the judge wants a bank in court to defend so he never strikes or stays.

 

Hope you get better settlement offer soon.

[KnellyK]

I've got the AQ ready to file along with the draft order! I've written to Abbey, thanking them for the offer of 65% and declining it! I've told them that I'll accept a better offer (just below what the claim stands at now) but if I don't here from them by 2 days before the AQ is due in I'll be taking the AQ to court! (Thought it was worth a try although I don't expect them to pay up!)

[TUTTSI]

I've got the AQ ready to file along with the draft order! I've written to Abbey, thanking them for the offer of 65% and declining it! I've told them that I'll accept a better offer (just below what the claim stands at now) but if I don't here from them by 2 days before the AQ is due in I'll be taking the AQ to court! (Thought it was worth a try although I don't expect them to pay up!)

 

I thought about that, but was not sure whether I should give them an opportunity to come back with a more realistic offer, but in the light of what is currently happening, I think I will submit my AQ which has to be filed by next Monday, and see if they come back to me before the hearing date.

DS

[TUTTSI]

Hi DS,

 

POint 10 in your defence is, as KnellyK says, just wanting you to prove they took the charges by providing your statements with the charges highlighted so that they are shown to have been taken.

 

I got a 65% offer after I'd submitted the AQ complete with GaryH's abuse of process and draft order for directions. AQ was dispensed by Mercantile so was a waste of time. I wrote to the judge and asked if I could make suggestions that he could consider in light of Abbey's behaviour and then outlined the abuse of process stuff and said he might consider strike out. Didn't work cos the judge wants a bank in court to defend so he never strikes or stays.

 

Hope you get better settlement offer soon.

 

Hi Tricia

Where did you locate the Abbey Abuse order prepared by Gary?

 

Thanks for your other thoughts and I am still deciding on how to write back to them re: their 65% offer. I am not sure that they would up it well in advance of the hearing date as they are more likely as usual to leave panic activity to just before the hearing.

Regards

DS

[Robdblynd]

http://www.consumeractiongroup.co.uk/forum/abbey-bank/87766-abbey-abuse-orders-keeping.html

 

Here you go DS.

 

I rejected their offer and countered with a figure we'd settle for and the silence is now thunderous. I've not had their CMI sheet, which I'm supposed to get, it has to be filed and served 7 days before the hearing. Tomorrow it will be 10 days to Mercantile hearing so it'll be interesting to see if they send the CMI sheet, offer again or let it get into court

 

Think they're taking a risk leaving it to get to the court. our judge is absolutely on fire to get a case tried and is doing everything he can to force the banks to defend, so far with no success. Can't help smiling, cos months ago now I said something along the lines of 'watch me end up in Mercantile Court and be the blasted test case everybody wants.'

 

Who was it who said "Be careful what you wish for", all I can say is "I'm not wishing, honest."

[TUTTSI]

http://www.consumeractiongroup.co.uk/forum/abbey-bank/87766-abbey-abuse-orders-keeping.html

 

Here you go DS.

 

I rejected their offer and countered with a figure we'd settle for and the silence is now thunderous. I've not had their CMI sheet, which I'm supposed to get, it has to be filed and served 7 days before the hearing. Tomorrow it will be 10 days to Mercantile hearing so it'll be interesting to see if they send the CMI sheet, offer again or let it get into court

 

Think they're taking a risk leaving it to get to the court. our judge is absolutely on fire to get a case tried and is doing everything he can to force the banks to defend, so far with no success. Can't help smiling, cos months ago now I said something along the lines of 'watch me end up in Mercantile Court and be the blasted test case everybody wants.'

 

Who was it who said "Be careful what you wish for", all I can say is "I'm not wishing, honest."

 

Thanks so much Tricia, I did at sometime put a thread on this and had totally forgotten about it. I wonder if it can be used for HSBC as well!

my o.h has two claims one on a personal account and the other on a business account.

I wish that you win! and get back what has been unlawfully taken from you, then go for a wasted time cost order, hows that!

DS

[ARTY2]

Hello, I am new to all this, I have not posted before but feel now I need some advice or at least someone telling me Im doing the right thing. I am acting for my brother who has neither the time or the brains to get himself out of this situation. Briefly I added up all charges from Abbey for him which amounted to approx 6200 for four years (luckily he had all the statements) I did not bother to go back six years as with interest we were looking at over 7 grand!

Well I wrote to the bank - all the standard letters with no reply, well one pretty standard reply saying they would look into it within a month, this was a few months back now. So I filled out money claim online, paid the 250 fee and I am now waiting for the 28 days to finish. On Friday my brother got a letter from Abbey saying they would pay back half the money but he would have to pay 750 from this to cover his overdraft. Does he accept this or do we carry on for the full amount? He really needs the full amount to pay off other loans he has taken out due to 4 years of their bank charges. (One month alone last year they charged him 750) which left him very little else! How will this offer affect his case against them? Will a judge take this as a fair offer? As I have said, so far I have done this alone - my husbands quite impressed, but now I feel I need some help. What should I advise him to do???? Any replies greatly appreciated.

 

Arty2:confused:

[TUTTSI]

Hello, I am new to all this, I have not posted before but feel now I need some advice or at least someone telling me Im doing the right thing. I am acting for my brother who has neither the time or the brains to get himself out of this situation. Briefly I added up all charges from Abbey for him which amounted to approx 6200 for four years (luckily he had all the statements) I did not bother to go back six years as with interest we were looking at over 7 grand!

Well I wrote to the bank - all the standard letters with no reply, well one pretty standard reply saying they would look into it within a month, this was a few months back now. So I filled out money claim online, paid the 250 fee and I am now waiting for the 28 days to finish. On Friday my brother got a letter from Abbey saying they would pay back half the money but he would have to pay 750 from this to cover his overdraft. Does he accept this or do we carry on for the full amount? He really needs the full amount to pay off other loans he has taken out due to 4 years of their bank charges. (One month alone last year they charged him 750) which left him very little else! How will this offer affect his case against them? Will a judge take this as a fair offer? As I have said, so far I have done this alone - my husbands quite impressed, but now I feel I need some help. What should I advise him to do???? Any replies greatly appreciated.

 

Arty2:confused:

 

IMOP - I would send the rejection letter ( you will find a template in the library) as the letter which you received no doubt would have been on a without prejudice basis, therefore, they cannot produce that letter in court as evidence. Why should you settle for 50%, when you could receive 100% back + court fees and costs (wasted time order). Many of the Abbey cases are being struck out by the Judges as an abuse of the system, and this is what I am addressing in my AQ which will be dealt with this week. You receive the AQ once the defence has been received. You should then read up on as many threads as you can, look in the success's against Abbey and you will see how many of the cases have been dealt with.

 

Do you have your own thread as it is easier to keep track of your claim.

 

If I have helped please click my scales.

Regards

ds

[ARTY2]

Thank you DS for your reply. As yet I do not have my own thread - I need to work out how to do it. Anyway just looked at MCOL site and seen that the case will now go to the appropriate court for continuation. I believe the courts are no longer sending out Allocation Questionnaires and I did not send in any additional paperwork other than filling out the online form. I feel a bit lost. Need to wait to see the defence and offer letter from Abbey. I think you are right though I should go for the whole amount on my brothers behalf, his financial situation is really bad. It really annoys me that banks prey on people who can not afford to borrow or go overdrawn in the first place. I made sure this time to set him up with a basic account where he can not go overdrawn. Anyway while I wait I will do some research and read other threads as you suggest. I will probably be back for more advice in a few days.

 

Many thanks.

 

Arty2 PS. I have clicked your scales

[Robdblynd]

Arty2, did you send a copy of your schedule of charges to the court when you filed? I know you filed with online but you should have sent the schedule to Northampton by post.

 

If you didn't, don't worry, as soon as you hear which court it's been sent to, send them the schedule by post, signed for so you know it's arrived, and that will be fine.

 

A schedule of charges simply means the spreadsheet you used to calculate the total of charges plus the interest.

 

To start your own thread, go to the Abbey forum home page and there is a blue tab which says New Thread, click that and then give it a title you'll remember, something like your name V Abbey and then put your story on there. People will then be able to see where you're at with the case and if you've got questions etc, write them in a new post on your thread and someone will respond to you cos when you add to your thread it goes to the top of the Abbey forum list of threads.

 

Hope this was helpful for you.

 

Good luck and well done for getting this far.

[TUTTSI]

Thank you DS for your reply. As yet I do not have my own thread - I need to work out how to do it. Anyway just looked at MCOL site and seen that the case will now go to the appropriate court for continuation. I believe the courts are no longer sending out Allocation Questionnaires and I did not send in any additional paperwork other than filling out the online form. I feel a bit lost. Need to wait to see the defence and offer letter from Abbey. I think you are right though I should go for the whole amount on my brothers behalf, his financial situation is really bad. It really annoys me that banks prey on people who can not afford to borrow or go overdrawn in the first place. I made sure this time to set him up with a basic account where he can not go overdrawn. Anyway while I wait I will do some research and read other threads as you suggest. I will probably be back for more advice in a few days.

 

Many thanks.

 

Arty2 PS. I have clicked your scales

 

Hi Arty,

Some courts are still issuing AQ's, as we have just had 3 of them to complete. Either way there is very good help on this site for novices and experience alike. Please let me know when you have your own thread so I can keep an eye on you. Sounds like you are doing great having got to the issuing of the MCOL.

 

I agree with you, the banks put us in a difficult situations and it has a roll on effect on other institutions because of their behaviour.

 

Thankyou for clicking the scales, but unfortunately it did not work, but thankyou anyway, it is the thought that counts.

 

I can tell you I spend hours and hours on this site and always something new comes about and you have to be aware on what is happening.

 

Ask me as many questions as you like if I do not know the answer I can always point you in the right directection.

Regards

DS

[TUTTSI]

Received from Abbey their AQ, I was sent N149 and they have completed the N150. I really do not know what the difference is.

 

This will make you laugh they have sent me their AQ attached is a copy of the draft order for directions which Abbey have sent to the court, which is basically the same type of order that we would ask for with the one exception, they have not asked the courts to ask them to give a detailed breakdown of their charges....funny how they forgot to add that bit.

 

Their Expert witness in none other than... wait for it "a bank officer"

They estimate their costs to be £2,000 who are they trying to kid.

They want 2 hours for the hearing! ( I don't think so) and they have suggested that they want small claims track even though my claim is for over £5K. It was signed by D Sedans they have not crossed out or made known who exactly signed it (ie Solicitor,Defendant,Counsel etc).

 

I have till Monday to complete the AQ for this case and 2 of my hubbys cases with HSBC and get it into court by 4pm, and it has been horrendous for me as my hubby had some trouble with his eyes on Thursday and we have spent the last 36 hours at Morfield Eye Hospital where he had some emergency operation. Now he is home but is not able to see very well.

So I will have to get my skates on with this. It is my intention to use the Abbey Abuse and list the cases that they have settled without going to court. I am also going to send the CAG version of a draft order as an alternative if the courts don't throw it out and I will certainly be requesting a breakdown of their charges.

 

I had already printed out most of what I need, but just now need to put pen to paper and I have not slept for 2 days.

 

I will have to deliver it by hand on Monday on the way to work.

 

Any help or advice always welcome.

DS

[petcat]

Oh MY WORD,youve realy had a tough time of it. just wanted to wish you luck.not just in your bank charges but with your hubbys recovery too. x

[TUTTSI]

Oh MY WORD,youve realy had a tough time of it. just wanted to wish you luck.not just in your bank charges but with your hubbys recovery too. x

 

Thanks Petcat for your nice words and support.

ds

[bonnie0852]

Hiya!! sounds like you've got yr AQ all under control (sounds the same as mine basically)..... Abuse of process!!!!

 

Good luck and hope you catch up on your sleep

 

Bonnie