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Abbey (merged)

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Comments

  • anley1
    anley1 Posts: 73 Forumite
    if the claim is legit you'll get your money back. I've personally helped 2 people with Abbey claims and in each case they backed down 2 weeks before the court date.

    GO FOR IT!
  • Watski
    Watski Posts: 31 Forumite
    Have a look at the Abbey thread - you'll find more examples of the same delaying tactics on there. I had the same. If I were you I'd follow the process and assume that they've no intention of doing anything.

    I sent my initial claim to them on the 31st Jan and got a letter back on Feb 14th saying they needed 4 weeks, on March 9th I got another letter saying they needed another 4 weeks. I then received a letter over the weekend saying that they still havent investigated and if I had a problem with that then I should go to the Financial Ombudsman.

    Fortunately after the second letter arrived in March I sent them a letter giving them 7 days, when I had no reply I went through MCOL.

    I'd advise you to go straight to MCOL.
  • jambow_2
    jambow_2 Posts: 8 Forumite
    Hi. I've read practically everything in this fantasic website but cannot seem to find the answer to my question. Story is.

    I have a small amount of bank charges (£300.00) in comparison to some of you but they were all received at one time (May 2005) and when I didn't pay asap Abbey placed a default under my name. I am now a homeowner with a large mortgage but due to this default (my credit is/was perfect with this exception) I was unable to obtain the 'best' deal out there and as such, had to self-certify my mortgage, pay a higher apr than normal and a larger higher lending charge. My question is this.

    I am about to take Abbey to court, their 14 days are up tomorrow. I know I can claim £300.00 + interest which is fine but what about the 1000's I'm paying via my mortgage and my 46.9% credit card (Vanquis) as technically I would not of had this problem had Abbey not of Defaulted me and Abbey should not of defaulted me as their bank charges are illegal.......Do you see my point? Any advice would be much appreciated.

    Can I complete a small claim for £5,000? or must I just claim £300.00? I don't have a problem giving the difference to charity, it's not about the money. It's the princial of it which I'm chasing, that and a desire to cost Abbey National as much money as humanly possible. Thankyou
  • nickmack
    nickmack Posts: 4,435 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    jambow wrote: »
    I am about to take Abbey to court, their 14 days are up tomorrow. I know I can claim £300.00 + interest which is fine but what about the 1000's I'm paying via my mortgage and my 46.9% credit card (Vanquis) as technically I would not of had this problem had Abbey not of Defaulted me and Abbey should not of defaulted me as their bank charges are illegal.......Do you see my point? Any advice would be much appreciated.

    Can I complete a small claim for £5,000? or must I just claim £300.00? I don't have a problem giving the difference to charity, it's not about the money. It's the princial of it which I'm chasing, that and a desire to cost Abbey National as much money as humanly possible. Thankyou

    You would need to prove a direct link between the charges and the situation you have described. Although in theory this may sound simple, in legal terms it would not necessarily be. If you are determined to persue this avenue, I strongly suggest you get legal advice. It is likely to be much more difficult than reclaiming just your charges.

    There is however an interesting case being heard in court this Friday, where the claimant is attempting to get damages from the bank. You may want to keep an eye on the outcome:

    http://forums.moneysavingexpert.com/showthread.html?t=420655
  • michael1983l
    michael1983l Posts: 1,916 Forumite
    jambow wrote: »
    Hi. I've read practically everything in this fantasic website but cannot seem to find the answer to my question. Story is.

    I have a small amount of bank charges (£300.00) in comparison to some of you but they were all received at one time (May 2005) and when I didn't pay asap Abbey placed a default under my name. I am now a homeowner with a large mortgage but due to this default (my credit is/was perfect with this exception) I was unable to obtain the 'best' deal out there and as such, had to self-certify my mortgage, pay a higher apr than normal and a larger higher lending charge. My question is this.

    I am about to take Abbey to court, their 14 days are up tomorrow. I know I can claim £300.00 + interest which is fine but what about the 1000's I'm paying via my mortgage and my 46.9% credit card (Vanquis) as technically I would not of had this problem had Abbey not of Defaulted me and Abbey should not of defaulted me as their bank charges are illegal.......Do you see my point? Any advice would be much appreciated.

    Can I complete a small claim for £5,000? or must I just claim £300.00? I don't have a problem giving the difference to charity, it's not about the money. It's the princial of it which I'm chasing, that and a desire to cost Abbey National as much money as humanly possible. Thankyou

    you will never get the bank to accept liability of your charges, they will just settle without admission meaning you can do nothing. However you can access your credit file and put your own note on the default explaining the situation. You can do this with credit expert through experian.
  • I have received the exact same letters from Abbey, I have now pushed the court button, and have now received a defence from Abbey , with the wrong name on the document!!!!, but an now waiting a court hearing date, I wouldn't wait any longer just start the Small Claims procedure now.......




    mamaj wrote: »
    Hello

    On 24.02.07 I wrote to Abbey reclaiming my bank charges requesting a reply within 14 days.

    I received a reply dated 03.03.07 advising they are investigating my claim and would respond in 4 weeks.

    I have today received another letter dated 28.03.07 saying they are still investigating my complaint but their research is taking longer than expected and that they will write to me again in 4 weeks to let me know what is going on. I think this is a delaying tactic.

    Do you think i should leave it another 4 weeks or should I acknowledge their letter but advise them i am prepared to give them 14 days before i submit my claim to the small courts.

    If anyone has had such letters from their banks could you please let me know what you did.

    Many thanks:
    confused:
  • Hi
    have filed my claim for £2637.80, Abbey now has till the 24 april to give their defence, on my claim form online i have to choose which judgment, when do i do that and which one is!!!! My brain is quickly turning to scrambed egg!!
  • kat1234_2
    kat1234_2 Posts: 38 Forumite
    Hello everyone abbey have 3 days left from the 40 days and i have only recived 12 months worth of staments i was wounding is anybody alse is in the same boat
  • I am quite new to this, can you tell me what MCOL stands for pleas?
    Watski wrote: »
    Have a look at the Abbey thread - you'll find more examples of the same delaying tactics on there. I had the same. If I were you I'd follow the process and assume that they've no intention of doing anything.

    I sent my initial claim to them on the 31st Jan and got a letter back on Feb 14th saying they needed 4 weeks, on March 9th I got another letter saying they needed another 4 weeks. I then received a letter over the weekend saying that they still havent investigated and if I had a problem with that then I should go to the Financial Ombudsman.

    Fortunately after the second letter arrived in March I sent them a letter giving them 7 days, when I had no reply I went through MCOL.

    I'd advise you to go straight to MCOL.
  • Watski
    Watski Posts: 31 Forumite
    Money Claims Online: https://www.moneyclaim.gov.uk
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