Tina V Abbey *** WON ***

[Tina&Gaz]

so here we go, LBA sent today, the have until 21st june to give me my money back or court action!

 

also this morning I got the standard letter about 'sorry you have had to complain, our charges are fair, blah, blah, blah''

 

they did say at the bottom of the letter

 

''if the complaint escalates into a claim in the county court, we will review each case individually, and if we feel that our relationship with our customer has broken down completely, we may decide to give notice to close the account under the terms and conditions''

 

bring it on Sh-abbey!!

[Rich44]

They amke that threat sound so terrifying its not exactly the trauma it used to be to get another bank account its also not nice to be threatened gets my back up anyway

[Tina&Gaz]

I can't make my claim at moneyclaim (I'm on benifits) I would have to goto my local small claims court, I've never in my life been to a court, what would I ask to do? and (if any) what forms would I ask for? would I just go in and say I'm sueing my bank for unlawful charges or something else?

 

the bank have 14 days to respond to my LBA but I'd really like to know way before this date, any advice??

[Rich44]

Go to your local court and ask at the front desk for the small claims court and they will point you in the right direction, I was terrified the first time I was in court but then that was a criminal hearing (trumped up ill add) but if anything its made me strong and realised that you dont have to be scared of these things.

[Michael Browne]

Rather than go to the court, you can download Form N! from here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=844

 

which you can then fill out and either take or post to your local court.

[Tina&Gaz]

thank you, a trip to the library tomorrow then as I don't have a printer.

[Tina&Gaz]

went to the library and printed off the N1 form, in the 'brief details of claim' bit do I just write this: claiming back of unlawful bank charges, or something else?

 

also:

 

c) the return of the amounts debited in respect of charges in the sum of £1,137.00 plus £191.48 interest at 8% until 21st june 2006 plus interst at the same rate of £0.85 pence per day until date of judgement pursuant to section 69 county courts act.

 

I file this N1 form on the 22nd june at the local court, so is this right?

 

I hope so as I don't really understand this bit at ALL, I copied it off Tim's thread and just put my amounts and date in, hope you don't mind Tim

 

all my other letters have gone to the DPA Abbey address (Milton Keynes) do I put that address on the form or another Abbey address?

 

Thanks!

[jonni2bad]

All good. Are you going to your local court rather than online?

 

If so (good idea) then do 2 copies for them and include 2 copies of the spreadsheet. - also keep a copy of each for yourself.

 

If online, send 2 copies of the spreadsheet into your local court, once you have confirmation of the claim and a reference number - mark this clearly on the spreadsheets.

 

It saves time waiting for Abbey to say they need a breakdown of charges!

[Tina&Gaz]

Thanks Jonni, will get right on it ;-)

[Tina&Gaz]

Wednesday is the day I take my N1 form into the local court, I have to say I'm pooping it loads!! never-ever been inside a court before, do I just hand my form, and copy's of charges over to the receptionist? and what do I say?

 

''I'll like to sue Abbey please''???

 

do they explain what will happen next? will they give me a claim number and date to return? when will I know if Abbey want to defend? will I have to keep phoning the court to find out, or will they let me know?

 

sorry about all the questions, just really, really, really, nervous!!!

[Rich44]

Go down to the court when you are not busy and dont have to be anywhere for awhile, pop in and have a chat with them explain you're a bit nervous and could they run through the process with you (they might even show you around if the rooms arent busy) after you've done this you will feel a lot better I promise you.

 

I've been through both magistrate and crown courts because of a nasty bitter twisted evil ex-gf who tried to get me done for all sorts (her own mother testified against her thats how bad she was!) after that I got over being intimidated by courts and legal speak etc so at least it helped in that regard lol

[Tina&Gaz]

Thanks for the replies, I'm so nervous! Karnevil, you know when you say 3 copies of everything that doesn't mean the N1 form does it?

 

I got 3 copies of charges, one for the courts, one for Abbey and one for myself, is this right?

 

I don't have nothing else just them and a N1 form, what else should I inclued or is that it for this stage?

[Tina&Gaz]

oh ok thanks, good job I asked lol.

[Tina&Gaz]

well I've done it!! I had to goto Mold crown courts (scary big place, where they scanned me before I went in) but once in I found the county courts easy and then all my fears went, it's not so scary after all :grin: the woman was very helpful and polite and answered the questions I had, also helped me fill in a few bit's I'd missed in the N1 form too,

 

so here we go................Abbey here I come!

 

will get a letter in a couple of day's with my claim number and details etc on so will e-mail you with them Bankfodder ;-)

[Rich44]

Well done, see told you it wasnt so bad once you got in there I assure you once you've been on the receiving end of the legal system in crown court nothing will faze you (not that I would wish that on anyone that was actually innocent mind you).

 

Personally I think they should do school trips to courts (obviously not when in session lol) show children how everything works to help prepare them for being an adult after all if you had been shown as a child you wouldnt have felt so intimidated going in and I wonder if they did this how many people would stand up for themselves more often - anyway a different thread for that I think....

 

Once again well done I shall be off to file my N1 by the end of the month, good luck with the claim

[Tina&Gaz]

thanks guys!!

 

I was really pooping it this morning, I was stood outside this HUGE building for about 10 mins before I got up the courage to go in, the flag was flying to let others know that the high judge was in court aswell,

 

I popped my head into the visitors gallery (nobody was there yet) as I'd never seen inside a crown court room before, and I thought it would have been alot bigger than it was!

 

I'm going to go back and have a sit in the gallery soon, just to see a prosession going on for real, I don't feel nervous at all now IF Abbey decide it's me they want to challange in court, and Rich I totally agree with you!

[Tina&Gaz]

go for it! good luck on your claims too!!

[Tina&Gaz]

if Abbey default (according to the survey this is most likely) what happens?

 

do they just send the money owed to your account?

 

do I still have to goto court on the date issued?

 

how long do people wait for the money to be refunded?

 

thanks!

[Tina&Gaz]

Thanks, yes I am folowing other threads with interest, but when you don't know what certain things mean, it doesn't make much sense,

 

I don't know what ''set aside'' ''issue a judgement'' etc mean sorry.

[Tina&Gaz]

I have a £400 overdraft limit, I've just been to the bank now to get out £10, I know for a fact that I have £16 balance available in there I checked online before I went,

 

I was told by the machine that I had £0.00 in my account, it's -£384 into my overdraft, I'm wondering if Abbey are going to get arsey with me and take there overdraft back when-ever any money goes in,

 

now I'm asking if they can do this when my child tax credits go in on monday? are they allowed to take benefits off you to pay for the overdraft?

 

they must have got my summons and are getting there own back

[Tina&Gaz]

damn, I too haven't yet changed my benefit to my new account, looks like I'm gonna be skint next week then!

 

I had it in my head that they wern't allowed to take your benefits, and Abbey online are still saying I have £16 balance available, maybe the hole-in-the-wall aint working (well I'm hoping)

[Tina&Gaz]

I can't the benefit office aint open, plus I haven't had my pin-number off natwest yet

[jonni2bad]

There is a process called the "Right of Appropriation" - this allows you to assign funds entering your account to specific events and needs.

 

If you get your letter in tomorrow morning, stating that benefits will be paid in on Monday, then you should be able to claw some, if not all of it, back.

 

Some banks do not understand this process since it is not very often used. You might need to explain it when handing in the letter.

 

Also, whilst we can try this, there are 2 possible problems;

 

1) Ideally, you should give the bank 7 days notice. If they are aware, they could disregard the request.

 

2) They may just disregard it anyway and swallow up the money. You would then have to complain and involve the banking Ombudsman etc and, eventually, get it resolved. This could take a few weeks and would not solve your immediate problem.

 

 

Fancy giving it a try?

[Tina&Gaz]

yes ok, what do I write in the letter for the "Right of Appropriation''?

[jonni2bad]

Just working on something for you now.........