Abbey (merged)

treasureirealnds

txs Yeovillad, know u are right. Just worried about going to court and making a pratt of myself in a roomfull of people. If a solicitor for Abbey showed up and started arguing the case think i could crumble!!

My cousin was a manger for Natwest. i was talking to him at the weekend telling him about my claim against Abbey. He was right on the side of the banks arguing that customers know T&c's and should stick to them blah blah!
He agreed it doesn't cost £35 to send out a charges letter but only charging a small amount wouldn't make people think before going over their agreed o/d. I argued why do banks pay the DD's? why do they let people take money out of ATM if they have nothing. To that he said bank doesn't like people to get behind on mortgage payments etc.

So thats all really could i argue it out in court? I mean it doesn't cost local council traffic wardens £40 to issue a parking ticket does it, but we all pay up! This isn't a true cost so why is this legal??

Frenzy

Ladidi wrote: »

But what does them giving me this ammount mean?
Does it mean I am onto a winner?
Do I give back the bank the money they have deposited?

send them a letter stating that without prejudice you accept the amount as partial payment but you will be continuing the court claim for the remainder but make sure you put without prejudice as that then means they cant use it against u in the court

Frenzy

treasureirealnds wrote: »

txs Yeovillad, know u are right. Just worried about going to court and making a pratt of myself in a roomfull of people. If a solicitor for Abbey showed up and started arguing the case think i could crumble!!

My cousin was a manger for Natwest. i was talking to him at the weekend telling him about my claim against Abbey. He was right on the side of the banks arguing that customers know T&c's and should stick to them blah blah!
He agreed it doesn't cost £35 to send out a charges letter but only charging a small amount wouldn't make people think before going over their agreed o/d. I argued why do banks pay the DD's? why do they let people take money out of ATM if they have nothing. To that he said bank doesn't like people to get behind on mortgage payments etc.

So thats all really could i argue it out in court? I mean it doesn't cost local council traffic wardens £40 to issue a parking ticket does it, but we all pay up! This isn't a true cost so why is this legal??

when it comes to court which it prob wont but they say that the customer agrees to the T&C's when they open the account, the only problem is that if any of the terms are unlawful then the whole T&C's become invalid, as its illegal to make a legal contract when the terms themselves are illegal.

think of it this way, if i was to make a contract sayin that id give u say £5000 but youd have to rob a bank then the contract wouldnt be valid as the terms are illegal.

Frenzy

whatatwit wrote: »

Hi all, I had a joint account (with my husband) with the abbey. (eventually closed by Abbey, but it was cleared)

Would a claim for charges have to be done jointly, or can i just do it on behalf of us both?
It was an account where either of us could sign.

(OH knows nothing about any charges).

with the joint account you could do it yourself on your partners behalf providing that you have written proof that you are acting on their behalf aswell, either that or both your signatures have to be on each correspondence

jojo_112

treasureirealnds wrote: »

txs Yeovillad, know u are right. Just worried about going to court and making a pratt of myself in a roomfull of people. If a solicitor for Abbey showed up and started arguing the case think i could crumble!!

My cousin was a manger for Natwest. i was talking to him at the weekend telling him about my claim against Abbey. He was right on the side of the banks arguing that customers know T&c's and should stick to them blah blah!
He agreed it doesn't cost £35 to send out a charges letter but only charging a small amount wouldn't make people think before going over their agreed o/d. I argued why do banks pay the DD's? why do they let people take money out of ATM if they have nothing. To that he said bank doesn't like people to get behind on mortgage payments etc.

So thats all really could i argue it out in court? I mean it doesn't cost local council traffic wardens £40 to issue a parking ticket does it, but we all pay up! This isn't a true cost so why is this legal??

Hi TI your cousin is programmed to talk like a bank.If the banks really believed
that their charges are legal why are they paying out everybody who gets within striking distance of a court room.They do not want the true cost of what they do to be played out in a court room.If and when this does finally happen they will be forced to pay everybody back wether they have claimed or not.i think Abbey are hoping to drop people along the way when they consider it costs £220 to take them to court.Only those who go all the way will get all their money dont give in you are nearly there:T

tickb26

I went in to my branch of abbey and paid the £10 in cash for my statments and still not got them they said it would take about 7 days its now been 10 and i have found all my statments going back longer than the six years and have sent my letter asking for the money so no longer need the ones from abbey. so can i get my £10 back?

nickmack

tickb26 wrote: »

I went in to my branch of abbey and paid the £10 in cash for my statments and still not got them they said it would take about 7 days its now been 10 and i have found all my statments going back longer than the six years and have sent my letter asking for the money so no longer need the ones from abbey. so can i get my £10 back?

You can ask them but I would say it's unlikely.

Ladidi

Thank you for all the help. I have drafted a letter to send in to them tomorrow stating that I accept the ammount they paid into my account without prejudice However I intend to apply to the courts within 7 days if I do not hear from them in relation to the rest of the ammount of £5,250.00 which is still outstanding and owed to me by yourselves.
I do however wish it to be known that I do accept that I should pay for some of the costs when these charges occured onto my account and I will agree to the standard ammount of £2.50 per transaction totalling £405.00 to deducted from the ammount of claim as total costs incurred by Abbey.

I look forward to your reply with 7 days or I shall have alternative but to proceed through the courts which will also incurr extra charges to be added to the ammount due by yourselves for court costs and loss of earnings due to myself having to take the day off work in order to proceed with this matter further.

Do you think I have said everything that needs to be said ok? or should I change some of the wording? Any replies would be greatly appreciated.

Ladidi

Thank you for all the help. I have drafted a letter to send in to them tomorrow stating that I accept the ammount they paid into my account without prejudice However I intend to apply to the courts within 7 days if I do not hear from them in relation to the rest of the ammount of £5,250.00 which is still outstanding and owed to me by yourselves.
I do however wish it to be known that I do accept that I should pay for some of the costs when these charges occured onto my account and I will agree to the standard ammount of £2.50 per transaction totalling £405.00 to deducted from the ammount of claim as total costs incurred by Abbey.

I look forward to your reply with 7 days or I shall have NO alternative but to proceed through the courts which will also incurr extra charges to be added to the ammount due by yourselves for court costs and loss of earnings due to myself having to take the day off work in order to proceed with this matter further.

Do you think I have said everything that needs to be said ok? or should I change some of the wording? Any replies would be greatly appreciated.

StephenJTHB

I wrote to my bank declining the goodwill payment and carried on to claim the full amount via MCOL, because that money is still in my account and to save confusion I spoke to MCOL on the phone and she said it's fine to do that and she logged it on my claim.