me against abbey....

[adam1976brown]

well here it is... i am caliming back charges for £7142 and intrest at 28.7% for £8407.... did all the buisness ie calculated statement charges, when and what they r put them into tables and print outs and sent them off to abbey in a 11 page bundle with the covering letter asking for it all back..

 

got a letter from the complaint dept saying they r sorry to hear i am complaining. ... at the end of the 14 days sent them of a letter giving them 7 days to refund my claim or go to court and it was not a complaint... that runs out friday morning.... so on thursday nite i will split my claim into 4 due to the amounts so they kept under £5000 each... but need to ask a few questions.

 

1. is it worth giving them a call to see if they want to avoid the fuss and settle this in a polite manner and not go to court... no bother to me as i have the £880 i need to go all the way ( 4 claims at £100 and a further £440 for aq's if it comes to it)... i fit is worth calling anyone have a good number to get somewhere.

 

2. also this could be my only downful on the claim.. the account is in mine and the wifes name but i have been doing the claim in my name.. is this ok or shall i change it????

 

well i have time on my hands and i need to annoy someone.. as its boring to annoy the wife i would prefer it to be abbbey...

all help would be splendid.....

[mariejader]

you can call them but I doubt it will make any difference you will just get it takes 4 weeks to respond etc etc

 

just a question where did you get the interest rate at 28.7% from?

[adam1976brown]

that is the rate they charge for unortharised borrowing/overdraft.... so i thought i would use it against them... had a friend who used the unortharised borrowing/overdraft on his natwest acc and won....

[adam1976brown]

right did a bit of cut and pasting and this is what i came up with for my description of the claim for moneyonline claim.. please advise if i have missed anything..

 

The claimant claims the repayment of

unlawful charges from the account of xxxxxxxxxxxx Abbey National account number

xxxxxx xxxxxx for the period Jan 2001 to Dec 2001

amounting to £xxxx plus interest at the defendants variable intrest rate of unauthorised borrowing

of 28.7% of £xxxx.xx running from Jan 2001 to Jan 2006 These fees are unlawful

according to Section 5.1 of The UTCCR 1999. The total for the claim is £xxxx.xx

 

 

this is for claim 1 and if ok then i will amend the figures for the other 3 claims

[newbody]

the one thing i would be careful of splitting the claims into 4 is the courts dont think you are being a vexious litigator or however you spell it basically abusing the court system by keeping the claims small enough to stay within the SCC when a single claim would resolve it in one go

 

You could always file for the higher amount and ask for it to be dealt with at SCC level saying you didnt wish to waste courts times hence why one claim instead of 4 think it glennuk and karnevil who know best the vexious thing

my claim isnt quite as high as yours but with the interest added mine is in the region of 11000 but am looking at 1 case asking for the judge to grant scc trying to save court time as the banks all settle without getting to trial but i got another 2 weeks yet before i file at court

[adam1976brown]

ohhhhhhh.......... i have filled it already......a spanner in the works.... what should i do????

bugger bugger bugger....

[newbody]

suggest you jump on the online chat link at the top and see if any mods or more informed are online and ask them for advice might be nothing to worry about but have seen some bits about the vexious litigation already

 

link for chat http://www.consumeractiongroup.co.uk/forum/chat/flashchat.php

[adam1976brown]

well i changed the claim to all in one for £15449.... claim has been processed on moneyclaim.com and just waiting for a response now from abbey... is there anything i need to do now.. should i be sending anything to the court... sent all the charges and breakdowns and intrest to abbey over the last few weeks so abbey have it all... any idea's????

[newbody]

await to hear that the case is deemed served not sure on the mcol aspect think you need to serve your schedules of charges to the court and defendant but not sure abbey will be in touch in due course would suggest you read up on alot of the claims here that have been settled and some of the on going ones to give you an insight into what to expect from Abbey in the way of delay tatics and their mistakes so when it does happen or recieve something from them you are already forarmed as to what is coming

[adam1976brown]

hi... thanks for all the tips and threads.... the stage i am at now as u know is i filed the claim 10am today... its deemed served after 5 days and that gives them 14 days yes.. that takes me to 19 days... another 14 days ontop of that if aknowledged for a defence.... sent to the bank when starting off a breakdown of every charge.. the dates they took them on and how much and what they were... in all i indexed over 230 seperate charges... so they had no probs in what i was claiming for.. also gave them a breakdown of the intrest... have all these on computer as well as paper.... do i wait now for them to aknowledge the claim now ??? lost a bit on serveing my scheldues of charges to the court... is that provide the court with all the charges????? do i need once again to supply them to the bank. please help... cost me £400 in doing this claim online... dont want to muck it up....

[newbody]

links from others having used mcol as to what to serve

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/35183-jhynes-shabbey-2.html?highlight=mcol

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/48013-ade-fab-grabby.html?highlight=mcol

 

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/68076-mcol-advice-needed-please.html?highlight=mcol

 

 

Step by step guide what to expect

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

[Guest louis wu]

I know its a long read, but it is facinating stuff.

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/20095-glenn-abbey.html

 

Towards the end are some serious points about contractual interest.

 

Best of luck

[adam1976brown]

had a look through all these claims and it is slowly becoming clear... but i am worried on 1 thing..... when filing my claim i just wrote out what i was claiming for..ie the total of charges and the dates they range from but not a breakdown of all the charges. i also put down the intrest i am claiming for and the dates they r running from... should i send anything else of to the courts or will they write to me asking for a complete breakdown????

[Guest louis wu]

If I am correct in assuming what stage you are at, then the court will send you a 'Notice of allocation to (small claims track/multi track/fast track).

 

At this point the judge will give directions as to what paperwork is required to delivered to each party (basic court bundle etc) http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

At this point you supply a full breakdown.

[adam1976brown]

wow...thanks... i thought i was being stupid.... just when i thought i understood it somebody mentioned something else... thats all i need to know... yes i have just filed my claim. its day 2... how do i find out if the have recieved it..email? telephone? letter? well i guess i will just wait now for a response from abbey and i have the money for the AQ stage.. thanks louis wu

[adam1976brown]

well abbey seem to be moving fast or is it the fact i am asking for £15549???

my claim went through on friday and it was aknowledged today... is that fast???

so i was wondering what to do???? do i phone up and see what they have to offer or do i just wait...

what is the next stage from here with the courts... do i get the AQ form...

in a state of shock of how quick they answerd... is 2 days a record and there was a w/end involved as well... help please....

[charleyfarley]

http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=46&Itemid=36

 

item number 7 gives all the necessary dates etc. I'm surprised Abbey have acknowledged so quickly as they have 14 more days to spin things out.

[adam1976brown]

also forgot to ask... do they have 14 days from now for their defence or do they still have the remainder of the 28 days???

[charleyfarley]

adam,

 

8(b) on that link says "28 days from date of service", so I would expect they've got 26 more days but I'm only interpreting what I'm reading so don't take it as gospel.

[adam1976brown]

thanks.. will read all i can now on where to go with this claim... otherwise its just a case of sitting and waiting..... will keep u informed:D

[adam1976brown]

got a few letters from abbey and the court 2day... the 1 from abbey is the usual viewing claim and prepairing response and defence filled soon... they say i have giving no dtails of claim or even what account it is for.. ... well i have both rec sig forms and both certificates coming from royal mail for a price of £2.20 to say where and who and when it was signed for.. so atleast they cannot say they have not got them.. also about the account it is included in their letter ...priceless..

 

the court 1 is acknowledge of service reciept.. it has abbeys response on it inc emails and tele no...

it says in the pack r admission form n9a defence and counterclaim form n9b and acknowledge of service.. well i have the last.. should i have the others with this.. nothing else in envolope...

 

so now what????????? what shall i do... send breakdown again.. provide account numbers, contact details... strange as the have given these to me alreday when they sent the letter.... once again i will print out all the charges and intrest tables.... i guess the information they want is what i have aleraedy sent.date the charges came out , what they were and how much... ref the intrest is supplying a print out of the intrest enough or do i need to supply a little story to go with it of how i came up with the intrest ????any ideas what to write...

[adam1976brown]

Have had the standard letter from abbey with regards to the acknowledgement of the claim and how they dont seem to have any idea of the claim or contact numbers etc... so i have done a letter that some might find useful to use... its not to tough but also shows we mean buisness... sorry for any spelling or grammer... u can do these on word spell check...also any personal details i have left on please edit or any think u wish to add or delete... hope this helps anyone at the stage i am at....

 

 

Dear sir/madam,

 

Can I firstly thank you for your swift response to my claim I have made against your company and hopefully in the near future this matter can be resolved without the further need of going to court.

 

With regard to the letter you have sent me you are at some lost as how I have come to the figure I am filing a claim for. The total I am claiming back in charges date from YOUR DATESfor the account YOUR ACCOUNT DETAILS. This account is is in the name of YOUR NAME. A list of these charge can be found included in this correspondence with yourself but as you can see from the other letters i have sent over the previos weeks they have been included. They lists all show a breakdown of each charge,detailing when they were applied to my account, what the charge was for and the amount. These two lists of charges can be crossed referenced with each other to see how much was taken in total and what each month consisted of. In total these charges over the period I have shown it comes to a total of £TOTAL.

I have also included a prinout of the intrest I have claimed for at you rate of 28.7% , which was taken from your website at the date I started my claim in January, which is the rate you charge customers for unauthorised borrowing. I feel applying this rate is fair as I feel you have levied these unlawful charges from account and I deem that to be unauthorised borrowing. The intrest has been calculated for the charges taken from my account and for nothing else and is on an annual rate. The total of these charges for the same time period is £TOTAL.

In all the total for this claim in charges and intrest is £TOTAL. On top of this claim for the charges and intrest the cost for the claim has been included, which came to £COSTS. This also has been added to the total. As you can see the total now stands at £OVERALL TOTAL and with your company saying it will enter a defence the cost of the allocation questionaire will be added to the total raising it again by a further £100. If this happens then the total will have climbed above £XXXXX. At this moment in time I have not filed any cost for my time in this claim, but I have made a running total of time spent compiling the claim and it is currentley at 15 hrs. I do feel if this claim cannot be resolved soon I might also file for costs to the courts for my time spent at a rate of £9 ph. As you can see from my address I am serving with the military and spending time on this court case can interupt my military duties.

 

In regards of having any phone numbers to contact me on or e-mail addresses I am glad to include them here

Home Phone No:

Email:

 

Once again I thank you for you response to my claim and I hope any information you were deficiant is included in this letter and relevant pages . I hope this claim can be settled before any further court action is deemed neccesary but I must say I am willing to see my claim to the court stage and reclaim the full amount in charges, intrests and court costs.

Yours sincerely

[adam1976brown]

well abbey are sneaky.... the letter they sent me for my GOGW was sent when i was bed ridden after my operation so i found it hard to motivate myself... phoned abbey up to see if they put the offer into my account ..they did... not as a lump of £1153 but as seperate charges...the crafty devils and not returned to me as a cheque.. not bothered really cause it pays of the od quicker , infact it has nearly paid it off... so i am kinda of happy as the temptation of having a grand to spend has been put to good use.... so obvious i am not accepting this as a settlement also abbey said it was a goodwill offer but it leaves me kinda of stumped...

 

i am willing to accept it as a GOGW and deduct it from my total.. do i need to deduct it as a lump sum or as seperate charges...????

 

i will send a letter to abbey about this but to who??? this was from the complaints dept and not the solicators...... so shall i send a letter to complaints saying such and such... then one to the legal dept refering to my claim and and a copy of the letter i sent to the complaints dept... then shall i send another letter to the courts to add to my file ( which contains all letters and charges and correspondants i have had with abbey. sent them to the court so i have something in place there already incase they ask) which contains all the letters from the above mentioned to the complaints and legal dept.... oh i could send one to the queen to say one of her toy soldiers is being picked on and can she do something bout it.. ...

[Michael Browne]

i am willing to accept it as a GOGW and deduct it from my total.. do i need to deduct it as a lump sum

Yes,assuming the GOGW was actually recieved by you after you had issued the claim.

[adam1976brown]

yes ... this is the offer from the complaints dept.... u know the one, where we send our first letter to... this is their outcome... but as i am well into my court claim ( a week till abbeys time is up for their defence).. so they think i am still waiting for them... when infact i am now dealing with another dept... so all i need to know is do i take it as a GOGW and deduct it of total or say NO!!! take it back out of my acc and still ask for the full amount... or say u have 7 days to pay the rest....