28 Day Fob Off

[THEREBEL]

Just got my 28 day, give us more time so that you may forget letter. No I am not going to wait as there is no legal requirement to do so.

 

So I am going to craft my reply to the effect that unless I receive my cheque by the 14 day expiry date then I will file my claim on line etc with Claim Online.

 

I note the point about interest and not to mention an amount till the claim somewhere on the site re Interest at 8% etc. I assume I should omit any reference to interest at this point. Is this correct???

[Seminole]

Spot on in terms of how you're dealing with them.

 

I don't quite get what you're saying about interest. You shouldn't quantify the statutory interest at this stage as that's only recoverable if you issue a court claim. On the other hand you can recover interest that you've paid on the unlawful charges.

[bram stoker]

Are you competent with excel? I only ask because I'd like to discuss the interest you are refering to and have designed my own spreadsheet to deal with interest, but it's quite complicated.

[Spiceskull]

Yes - it's YOUR timetable, not theirs.

 

The interest you claim on your LBA is the penalty interest they have charged you (as shown on your statements)

 

The 8% APR is allowable under section 69 County Courts Act, and is added whan you raise your claim in court.

 

Good luck.

[Seminole]

I don't know. You wait half an hour for a mod and then three come along all at once...

[Spiceskull]

I don't know. You wait half an hour for a mod and then three come along all at once...

Bus-tardy's...the lot of them!!!

[Jane Austen]

What were all the moderators doing up so late?????

[Spiceskull]

What were all the moderators doing up so late?????

...well...moderating...what else would we be doing?

[bram stoker]

What were all the moderators doing up so late?????

Well, it looks like we were hijacking this thread. C'mon mods - behave!!

 

Back to Therebel's question. My view is that if your overdraft is made up mostly of charges you have a high possibility of claiming your interest, as if you had had that money they stole you wouldn't have been overdrawn for them to charge interest on. I have more notes in the spreadsheet which tries to deal with this issue.

[EricTheRed]

I hope this is not treated as a hi jack!!!!!!!

 

For reasons caused by my bank (ie the penalties applied this month) I am unable to stick to MY timetable because I can't afford the court fees and can’t issue my claim through the CC until the end of the month. Will it lose impetus or am I being more than reasonable by giving them and extra 20+ days?

[Movingon]

Just use your overdraft facility... and if they charge you for doing it, add it to your claim...

[THEREBEL]

Hi everyone,

 

I am a nightbird, hence the late postings.

 

On the issue of interest charges, I would like to clarify what is deemed as recoverable ie. Interest being classed as punitive, therefore claimable by me against interest that is classed as being within the terms of ones credit agreement and therefore payable, no case to pursue etc.

 

In my case, Abbey charged me what I would consider to be an excessive interest charge ontop of a late payment fee. My payment was about 11 days late according to their statement yet I made the request to my bank within 9 days. My point is, Are Abbey entitled to charge what is effectively a finance charge at whatever rate they decide? If so is this charge recoverable?

 

This issue is not clearly stated in their agreement for sure.

 

Further I was certainly a rate Tart and proud of it, and took advantage of their 0% offer yet at no time was it made clear that my rate would rocket if I defaulted and what the terms of default would be and that the 0% offer would cease forthwith for that account etc.

 

I also think it is important to distinguish between one off punitive charges for paying late etc (the basis of the majority of claims on this site, I believe, correct me if I am wrong) and the interest that is levied against the balance owed. Abbey have been very clever in structuring their charges in this way splitting actual financial interest and punitive interest yet at the end of the day it all adds up to the same ShAbbey treatment that many people have fallen foul of because it could be argued that there is a financial agreement/contract in place and those are the financial/ interest terms agreed etc within the credit agreement.

 

I trust I have not confused you all, but do you see my point?

 

It will not however prevent me from pursuing my claim simply because I believe their terms and conditions were so confusing and unfair that any reasonable judge would find it difficult to disagree with my view. This I believe is ShAbbey's Achillees heel so to speak, they have spun such a complex web in their own T&C's and that those terms are not clear and unambiguous and are effectively rendered unfair and therefore challengable.

[THEREBEL]

This topic was closed on 10 March 2019.

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