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baba vs abbey


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That is for if you are claiming the overdraft interest you have been charged, not for 8% interest. If you are not claiming overdraft interest then leave that part out.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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"I calculate that you have taken £4854.44 plus £144.56 which you have charged me in overdraft interest for the sum which you have taken. Total £4999.00. "

 

This is how my letter stands at the moment, does that look right to you?

 

Also, the amount for my overdraft charges is taken from the statements that i have. Can I guesstimate the amount to claim back for this too?

 

Thank you for you help and patience

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Your figures may be perfectly correct but don't seem right to me.

 

£4854.44 - usually charges are set amounts e.g. £25/£30 etc, so not sure how you would end up with 44p - are you definitely just claiming charges?

 

£144.56 - this is definitely the overdraft interest charged and not the 8% interest? Did you use the advanced spreadsheet to caclulate it?

 

£4999 - this figure looks a little too convenient to fall within the small claims limit. It may just be purely coincidental but does appear at first glance that the amount has been 'doctored' to keep the claim on the small claims track.

 

Like I said might be fine, and only you will know if you've calculated it correctly.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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OK, sorry to be a pain, I just need to get this straight.

 

- To stay in the small claims court the charges plus overdraft have to be below £5000.

 

- The 8% interest is awarded once I've won my case so that has nothing to do with the £5000 limit.

 

 

I'm still not sure what to do about this estimated amount, I'll lower it a bit. I can always claim later if it turns out they owe me more. It's hard not to get greedy when you get a chance to rip off the bank.

 

Thanks for the help.

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The claim does not include the 8% interest or charges so as long as your 'basic' claim is below £5k then it doesnt matter how much the interest eventually works out at.

1st Abbey claim settled 11th August - £5248.79

2nd Abbey claim started 21st September 2006

DPA letter posted 22nd September

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  • 6 months later...

hello again,

 

I've been slack for months with this, but I've been galvanised into action since abbey froze my account today with no notice after i missed a loan payment.

 

So, I'm sending off my LBA in the morning but I've been looking at the N1 claim forms and I'm a bit confused.

 

I've decided not to go for the interest as it confuses the hell out of me.I can't see how to work out how much of it was charged because of the unfair charges and how much was simply because i was overdrawn anyway.

 

So i'll leave that out of the preliminary letter.

 

As for the N1 claim form, that also mentions interest.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

here : Charges £xxx.xx

Overdraft Interest £xxx.xx

Interest under s.69 County Courts Act 1984 £xxx.xx

Court Fee £xx.xx

 

TOTAL £ xx.xx

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day {(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day) }OR at such rate and for such periods as the court deems just.

 

 

Can I just enter the charges and leave it at that?

What's the s.69 interest and county court fee?

 

Finally How much are the court fees? I'm claiming for £2500 so according to this I have to pay £120 right?

 

Please help, I just want to get this over with.

 

Thanks.

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  • 3 months later...
  • 3 weeks later...

Hello, we have been contacted by a company called Solar Financial Services, they will do a no win no fee service and try to get back our money.

 

has anyone used this kind of service? just looking for a bit of advice/info really

 

thanks

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Guest amethystdragon

Why pay someone to do the work when with everyone's help on here you can do it yourself ?

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Well, I've had a nightmare trying to work out the interest I'm due so we aren't claiming for that.Also abbey haven't sent me all my statements, so I've had to estimate some of my charges. I'm claiming for £2100 (a conservative estimate) but I think it's possible it could be a lot more, maybe £5000.

 

The firm I spoke to charge %25 and they said they'll give us a quote before starting any work.So I figure I don't have anything to lose if I just let them provide a quote.

 

I was just wondering if anyone had any experience with these firms, are there any hidden catches or are they downright dodgy?

 

Thanks.

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i really would advise against using a company like this.

If you need help and guidance in this process i am more than happy to offer what little knowledge i have, as i am sure are many many other users, you deserve it all back, not have to pay someone a fortune to do for you what isnt really that hard once you get your head around it

:madgrin:

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Open a thread, write down details of your claim, ask questions (here) if you are not sure loadsa help is here with proven success (GaryH, KnellyK, CharleyFarley, Lula, Cassie and lots more) when you get refunded all your charges Give CAG the 15%:) . Hope this sounds good

 

Andy

ANDY VS ABBEY 23rd April 2007 -

 

'Don't get mad, get even'

'Patience is a virture'

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I would do it yourself, why pay someone else !! Didnt think it would be long before companies started offering this service!! I have been helping my mates for FREE!! You are entitled to claim this money back dont go paying some shark of a company for doing your claim for you!!!! I WOULD SAY THEY ARE JUST AS BAD AS THE BANKS, IF NOT WORSE!! With help and support from the guys on this site you can successfully make a claim against your bank and it will cost you nothing except a little time!

 

Good luck

alice x

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Thanks, I've already started a thread. I was dragging my heels with this but recently got back into it. I got a call from these accountants the very day I was due to hand in my N1 form.

 

I wouldn't be interested in them except for the fact that they can get me the full amount i'm owed.

 

I haven't claimed for interest and my claim is also partially estimated as abbey haven't supplied me with all my statements, luckily I had most of them going back 7 years.Anyhow my claim is for £2100.

 

Can I start a 2nd claim later to recover any charges on the missing statements?

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babton, yes you can claim for stuff on missing statements and you have no idea how fantastic it is to do this on your own and with us, waittill you get that cheque from the banks, its great, and we too get all our money back!!

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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OK, you're talkiing me round, if only because If I start a claim with this firm they'll start the claim from scratch.As I said I'm due to hand my N1 to the courts yesterday.

 

So I can claim again, thats cool.

 

Is there a page on here where the interest bit is explained for simpletons?Also if there is can I retrospecticvely claim for interest too?

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Does your spreadsheet not do it for you?

 

and no you cannot retrospectively claim for interest so best to get a decent spreadie now

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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get one of these spreadsheets

 

It is fairly self explanatory, and calculates interest and updates itself on a daily basis, if you need a had, just shout

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Thanks, I think these are the spreadsheets I tried originally. My main stumbling block is understanding what I'm actually claiming for.

 

As far as I can see I can claim two types of interest, the overdraft interest and 8% interest.

 

The overdraft interest is a refund of any interest I've been charged as a result of an unfair charge right? The problem I had with this is that some months I'd have gone over my overdraft even I they hadn't fined me so how do I know how much interest is down to the fines?

 

The 8% interest is the interest the bank would have paid me had the money they'd fined me stayed in my account all these years.Thats one seems simple enough, if I have it right.

 

Thanks again.

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Looking at the advanced excel sheet, it seems to make more sense this time around.

 

I haven't mentioned claiming for overdraft interest in any of my letters to abbey so far.Can I still claim for overdraft interest?

 

I know that the 8% is added on by the court in the event that I win the case.

 

Thanks again, baba.

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