deedee1310 v Abbey

[deedee1310]

Thanks Kiddo for your words of support and encouragement.

 

Trust me - I read for 3 days straight before I put my first claim (Abbey) in. I had a really bad migraine for the first two days due to my intense intake of information :o .

 

Since then I have become a CAG anorak! My dissertation is suffering at the moment at I spend more time reading threads here, than writing the final piece of work that will allow me to graduate from Uni

 

My eye is firmly on the ball. No doubt I will be leaning on Jo and all my other Abbey buddies when it comes to the court stage. As I'm claiming back to 1998, I know Abbey aren't going to let it go without a fight. I've got my Limitations Act 1980 s.32 argument, almost down to a pat.

 

Bring it on I say!

 

Anyway once again thank you. LBA goes off tomorrow and the 14 days start from Thursday. Yippeee!!

 

deedee

[Simon7685]

Hi deedee

 

Glad you had a good first day in the new job, I am chuffed for you, I hope that one day I may be well wnough to go back to work and experience that first day again.

 

Shame about your LBA but its better to get any mistakes sorted first and not give the Shabbey an inch but I can understand and share your disappointment.

 

Like the others have told you, you have come sooo far in a short space of time on here and getting your head round it all is no mean feat........so keep up your great work.

 

Love the bit about the anorak, know what you mean, I can't stop replying to everyone and trying to help others, some of the threads are amazing though.

 

Keep in touch dee, and roll on 14 days time!

 

Simon:)

[salesman]

Hi Deedee,

 

Just to let you know I have now lodged a complaint with the ombudsman, maybe they will ignore them too!!!

 

Bring on that LBA letter Deedee!

 

PS have a nice 2nd day at work!!

[deedee1310]

Thanks Salesman.

 

I can now confirm that my LBA for both accounts is ready to go. They are signed and sealed, awaiting delivery. For good measure I have put the CAG stickers on them! A good suggestion by another CAG member - who I cannot remember (my apologies if you are reading).

 

My chances of shAbbey up before filing of N1 - slim. However you never know.

 

I'm off for the night. I was going to start my BOS charges list but I am fast losing the battle to sleep.

 

So for now adieu.

 

deedee

[deedee1310]

Gues who sent her LBA today? ME!!! :D

 

Yes my LBA with recalulated charges is on it's way to shAbbey as we speak. The 14 days start from Friday.

 

If they don't pull their finger out, I will be filing form N1 in two weeks time. That's when it's really going to start getting interesting.....

 

As always - WATCH THIS SPACE........

 

deedee

[Simon7685]

Hi dee

 

This is my last post tonight, just for you. You seemed a little down on my thread earlier? Hope your OK?

 

Well done on the LBA your on your way now. Hope your ok, please tell me if I can help.

 

Night, night

Simon:-)

[Simon7685]

Hi dee

 

Hope your ok, just thought I would drop in on your thread to see.

 

Simon:)

[jshtr3]

Hey dee dee, Just subscribing, a friend of mine is (coincidently) claiming from abbey and Halifax and I've been helping him. He has filed for both and had reduced settlement offers. Keep at em;)

[deedee1310]

Hey everyone

 

This guy really needs some serious reassurance and seems to be alone on his thread. Mercantile Court - Hbukowski v Abbey

 

I've read other threads and seem to get the impression that because the Abbey Forum is so big, people are not as friendly. That's not true as I met you and a few other CAG buddies, in this particular forum :grin:

 

Can anyone else who is subscribing to mine and Jo's threads please pop over and offer any advice and support? I am not as far along yet, so can't really advise him from an experienced point of view but from what I have read, he has done everything correctly.

 

Thank you Abbey Forum members. You're the best!

 

deedee xx

[kia]

dont think i can help sorry cf is your man i think hell help or pm him or i can do is offer support go to abbey site and look for charley farley and contact him hell help i dare say hope this helps xxkia ps hes answered one of your threads before so hell probably answer this good luck

[deedee1310]

LOL! how could I forget the Harem Master!

 

I'll post a link on his thread too. Thanks Kia!

 

deedee x

[ohoh4312]

Hello again

 

Popped in to say I have to go to bed - just done 3 hours ironing, and been doing VAT return all day, so my eyes feel like they are 2 feet long!!

 

But I will be up early in the morning as always, and if you have done the PoC I will have a look, although to be honest I am the last person here you should be asking for advice!

 

I am on your side though, as you know, and really will try to help if I can.

 

Lotsa luv

 

Jo xx

[deedee1310]

Hello everyone.

 

Further to My cry for N1 help...... I have realised that at this stage I will be adding 8% Stat Interest. This affects the value of my claims

 

Account One is £4096.27 with 8% interest

Account Two is £1374.95 with 8% interest

 

Grand Total = £5471.22

 

Should I still combine them together?

 

deedee

[Lula]

Well, its up to you, if you combine them it is £250 to file in fast track, now people seem to be a bit wary of fast track, but i beleive that it is marvellous as it has the added advantage of those two words that strike fear and dread into the hearts of the banking communities legal teams "STANDARD DISCLOSURE" hehehehehhe

 

The only downside is that if you loose you can be liable to costs of up to £750, but no one has lost yet and 99.9% of claims are settled prior to court.

 

or you could split them and do them separately, you will not be able to do them both together as the banks sol's could ask for them to be joined,

 

The choice is yours really, if it were me I would be going fast track

[deedee1310]

Cool. Will check bank account and go for Fast Track if funds allow.

 

I will post POC in a mo. Still working on them and double checking that my spread sheets are correct.

[Lula]

If you want a good POC check my thread Lula v Abbey (3) actually no i dont think I posted it on there, I will pm, just adjust it to suit

[deedee1310]

Thanks to Lula for her help. I have completed my N1 form as follows because I am going for default removal and combining two claims together. Can anyone please look them over before I print it off. I have a few questions which I have also included in red bold text.

 

Under the VALUE section, I have laid it out as follows:

For account number xxxxxx

Charges £2688

Overdraft Interest £201.32

Interest under s.69 County Courts Act 1984 £1206.95

Total £4096.27

Plus interest pursuant to s.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.90 per day or at such a rate and for such periods as the court deems just.

 

For account number xxxxxx

Charges £918

Overdraft Interest £12.55

Interest under s.69 County Courts Act 1984 £444.44

Total £1374.99

Plus interest pursuant to s.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £.30 per day or at such a rate and for such periods as the court deems just

 

 

Under the PARTICULARS OF CLAIM I have laid it out as follows

1. The Claimant had two accounts, numbers xxxxxx and xxxxx (the Accounts) with the Defendant which was opened on December 1997 and February 1999 respectively. Account xxxxxxxx was closed in April 2005 and account xxxxxxxx was closed in November 2002.

 

2. During the periods in which the Accounts had been operating the Defendant debited numerous charges to the Accounts in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

a) The charges debited to the Accounts, as outlined in the attached schedules, are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimants; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of The Unfair Terms in Consumer Contracts Regulations (1999) paragraph 8 and schedule 2(1)(e), The Unfair Contracts Terms Act 1977 section 4 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ is this total (for both accounts added together) including the 8% interest or without, or should I lay the figures out separately for each account and any interest charged thereon;

 

b) the removal of any prejudicial information which the Defendant bank may have passed to third parties in relation to the Accounts and in particular the removal of the Default Notices registered with any credit reference agency which was notified to the Claimant on 2005 and 2002 respectively, since this was caused solely by the level of disproportionate penalty charges. The Claimant’s request is made under the Data Protection Act 1998, section 14, which gives the power to the Court to order the removal of inaccurate personal data.

 

c) Court costs;

 

d) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

I believe that the contents of these particulars of claim are true.

 

All comments will be appreciated. This is my first N1 hence my hesitation and constant checking. By the time my other two come around, I'll be fine

 

Thank you all in advance.

 

deedee

 

[Dusary]

Gosh!

 

You DO need some sleep!

 

I dunn'o - but it looks OK to me, combining the two. After all, it is A claim (made up of 2 separate ones).

 

My *goodwill* letter combined the totals - so I guess it would work both ways!

[ohoh4312]

Hi deedee

 

Been trying to access this site for ages and kept getting booted out:(

 

a) the return of the amounts debited in respect of charges in the sum of £ is this total (for both accounts added together) including the 8% interest or without, or should I lay the figures out separately for each account and any interest charged thereon;

 

In answer to the above, it is the value of the charges + o/d interest, not including 8% statutory. In my humble opinion, I would put the total for the two accounts as you have already itemised them in the previous section, but I am not sure if that is right.

 

Are you not using the SoLA argument on your PoC to justify the over 6 year limit? I think you need to, but then again, what do I know!

 

Also here, I would amend it slightly:

 

d) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

Interest pursuant to s.69 of the County Courts Act 1984 at the rate of 8% per year, from (date of earliest charge) to 13/07/2007, and also interest at the same rate up to the date of judgement or earlier payment, at a daily rate of £1.20, or at such rate etc.

 

But maybe I am just picking holes for nothing - I don't mean to, just trying to offer the same level of help you always give me.

 

See what you think anyway - someone else will hopefully give you better advice later!!

 

You are doing great - keep smiling, and I will check back later.

 

Lotsa luv

 

Jo xx

[deedee1310]

Thanks Jo.

 

You know how it is when it's your own thing - NOTHING MAKES SENSE but you can see how to help EVERYONE ELSE.

 

Yes it makes sense now.

 

I hadn't forgotten the SOLA s.32, it's just that I couldn't find where I had written it down. I still can't!

 

I'll have to trawl the site again for POCs that have this included, unless of course you can point me in the right direction.

 

deedee x

[ohoh4312]

Hi

 

I haven't been able to find a PoC with the argument in - one step ahead of you for a change(!) - been looking since I last posted

 

All I found was the relevant argument in the Sticky, which I suppose you could just add in with your own wording.

 

I will keep looking though!

 

Jo xx

[ohoh4312]

Okies

 

Looking at a few threads, it would seem that people have NOT included the SoLA argument in their PoC, and it has not been an issue, so now I am even more confused!

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/102246-limitations-act.html?highlight=Limitations+Act

 

There was another one but I lost the link DOH! but it was GlennUK I think.

 

So I really don't know what to suggest.

 

Have to go and do some more work on the VAT return now - yuk! - but will check back later.

 

Hope you get it sorted.

 

Jo xx

[ohoh4312]

How you doing hun?

 

Guess you are busy at work, and so should I be!

 

Let me know later how you've got on.

 

Jo xx

[deedee1310]

Hey Jo - yes work was busy.

 

I didn't realise that you were on holiday! I'm off to Competa, Spain in 3 1/2 weeks. I hope I can resist the urge to log on to CAG and Facebook whilst away.

 

Thank you for thinking of me. I'm feeling better now (still tired) but everything makes more sense and I found GlennUk's POC with SOLA included, so will amend mine accordingly.

 

I will send my N1 to court tomorrow by courier.

 

Anyway enjoy the rest of your holiday. Where are you at the moment?

 

deedee xxx

[ohoh4312]

Hi deedee

 

Me still in the concrete jungle - wires crossed somewhere on this one!

 

Do you seriously think if I was on my hols I would still be logged in here all day every day!!

 

Ok don't answer that one - I'm getting to be as big an anorak as you now!

 

But seriously though, not on holiday yet - Saturday week we fly to Fuerteventura - yippee!!

 

Oh my gosh, I have still got so much to do before then - I will have to ban myself from here for a bit so I can concentrate on the important things - like shopping for new clothes!!

 

Glad you got the PoC sorted - I was useless as always, but I did try. :o

 

Have a good night, and a good weekend if I am not around before then!

 

Lotsa luv

 

Jo xx