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Abbey (merged)

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  • anley1
    anley1 Posts: 73 Forumite
    Salopian

    Send them the letter (from my post on page 59) 2 weeks before the trial date. That should force them to close. This is what I advised a friend to do and it worked. The letter also worked with Barclays and Barclaycard.

    As for the others - IF IN DOUBT SUE - Don't mess around.

    If they've repaid a part amount still sue for the balance. Personally I would write to them and say 'thanks for the partial payment but you don't accept this and have therefore sued for the balance'.

    Going to court is the only way 90% of you will get the full balance + interest. I say 90% because for 10% Abbey won't put in a defence.

    I've done around 6 of these claims for people and have a 100% success rate. All of the banks were forced to take notice when te courts were involved and before that time they gave the old runaround.

    Don't be scared about taking them to court it's nothing to be worried about. But anyway I estimate there's around a 5% chance that you'll have to walk into a court which are great odds in your favour.
  • esmerellda
    esmerellda Posts: 2,237 Forumite
    james_moon wrote: »
    I sent Abbey all the usual letters (from the lovely templates)...and just get there standard its taking time and they want to sort it out...so i filed for the small claims court.....they intend to defend my claim "in full"....i dont really know what happens next so im waiting for something to happen...i heard abbey were one of the worst...anybody got this far or futher ?? i live in Croydon, but the court chosen was Northampton....do i have to go there


    Hi

    ALL claims filed on MCOL start at northampton. this is just the bulk processing centre for MCOL claims. It will be transferred to your local court after you receive the defence.

    Now you wait for the defence to come through, usually on day 28 since serving the claim. Then see if the court sends you an allocation questionnaire, or dispenses with it. It doesnt matter either way.

    Abbey are !!!!!!s and will drag this ut right up to a court date. So dont stress, you will get paid, and think of the growing interest :)

    READ any letters from the court carefully, they might include directions for you. If you have any questions please come and ask.

    Best of luck xx

    Esme
    xx:A
    LegalBeagles
  • missjules
    missjules Posts: 36 Forumite
    Hope this helps people who are still waiting on their bank statements (if like me, you are still waiting on the microfiche section of your statements. and the 40 day deadline is nearly up. This evening I spoke to a kind man called Peter in the compliance department and he said the most senior person to speak to is Debbie Waghorn regarding data protection issues. Her direct no is 01908 344381. She is normally there from 8:45am till around 7pm to cope with the backlog of requests. (she has left early tonight though).:money:
  • Twinkly
    Twinkly Posts: 1,772 Forumite
    missjules wrote: »
    Hope this helps people who are still waiting on their bank statements (if like me, you are still waiting on the microfiche section of your statements. and the 40 day deadline is nearly up. This evening I spoke to a kind man called Peter in the compliance department and he said the most senior person to speak to is Debbie Waghorn regarding data protection issues. Her direct no is 01908 344381. She is normally there from 8:45am till around 7pm to cope with the backlog of requests. (she has left early tonight though).:money:

    I've been advised by letter that mine are on their way but a week later it is still a no show. Still, they technically have until the 28th of this month so I shant pursue it just yet. Thank you for your post it is sure to be a help to people :)
  • superclio
    superclio Posts: 21 Forumite
    Hi all.
    I've got as far as receiving my statements over the last 6 yrs and am about to send my letter in asking for £736 plus interest back. If it has to be that I go to court, or at least play along up to the last minute of going to court, I have two questions considering I am currently based abroad.

    1) Can I still make a small claims court claim? Or do I need to give a UK address in order to submit a claim?
    2) What is the time line between making the claim and receiving the court date?

    I'm thinking depending on the answer I could possibly combine it with a trip home. Ideally I would be able to continue the charade up to the last minute and hopefully they would settle before the actual court date, but, if I need to take them to court I need to be present (presumably) so I'm wondering what notice I would have to arrange that (and whether it's worth the cost of the plane trip!).

    Thanks all and good luck to the rest of you.
  • Revels_2
    Revels_2 Posts: 12 Forumite
    I'm a bit concerned about writing a letter accepting the partial payment, when I have already sent the step 3 letter telling them you're taking it to court. Has anyone been in this situation?
  • jon_boy75
    jon_boy75 Posts: 364 Forumite
    Part of the Furniture Combo Breaker
    crazybird wrote: »
    I would appreciate any advise or comments on this. I wrote my initial letter requesting the bank charges on 19th of march and heard nothing. Sent LBA on 3rd of April and was going to do MCOL on thursday giving them a few extra days because of the bank holiday.

    However, I have received a letter today offering £40 as a goodwill gesture. My claim is for £621 + £106 in interest. I have just phoned to tell them that I am still claiming for the rest of the money as I think the £40 is a pathetic offer, and that I will be applying to court on Thursday.

    The woman said under the FSA ruling we have 8 weeks to investigate this so do you want me to open up the second stage complaint for you? I said you will work to my timescale not yours, I have already given you 28 days to deal with this and you've come back with £40.
    She said " Can I confirm again you don't want me to open a second stage complaint which will take 8 weeks to investigate"? and I said definately not.

    I feel a bit shaken and scared now. Am I right in thinking I need to just get on with it and do MCOL now? Also the letter indicates it's a reply to my first letter so should I wait to get a reply to my LBA letter? Thanks in advance for any help.

    hi crazy bird
    try not to panic, an almost identical thing happened to me this morning, the woman was really rude though. OK, here's my tuppence worth:
    I asked for a refund of all charges back in mid-February (before knowing the full figure!), along with a list of charges as I knew they wouldnt automatically pay.
    Went through the motions with statements, first request letter, second request letter and now a letter threatening court.
    Phoned them this morning saying that, being a decent human being I was giving them the opportunity to avoid court and costs by agreeing a payment now. No chance...so I said that I will issue the MoneyClaim claim on Friday, and she said they wont be responding before then. Fine by me, this has gone on for years, so a few weeks makes no odds to me.
    It should be noted, Abbey play the toughest game by all acoounts (excuse the pun), but just stick to yours guns, and definitely stick to your own timetable. Banks have never been reasonable, and if youre as tired of paying for the bonuses of the fatcats from extortionate charges as I am, then fight to the bitter end.
    I expect settlement soon, probably a few weeks after Ive submitted the online claim. Also, personally, I'm not playing the game of resending all the info they have already...I will just let it carry on through the courts.
    If youre unhappy about anything, phone them, tie up the phonelines and let them drown in an administrative nightmare.
  • kathy206
    kathy206 Posts: 1,438 Forumite
    :wave: :wave: Hellooo!! Just had to write and tell everyone that this site and all the posts have spurred me on to claim over 9 grand (gulp) from the Abbey. Have just sent 1st request letter for repayment and fully expect Abbey to take it to the last possible minute. Letter went today so wish me luck!!:T
    Nuts oh Hazelnuts:rotfl:
  • Revels_2
    Revels_2 Posts: 12 Forumite
    Good luck Kathy, Abbey are !!!!!!s but stick to your timeline, not thiers!
  • ani*fan
    ani*fan Posts: 1,554 Forumite
    1,000 Posts Combo Breaker
    Hi everyone

    Thought I'd lend some moral support with my story...

    Abbey kept me waiting until the last possible minute for my back-dated statements. Got them in the end though. Sent first letter and got standard 'wait 4 weeks' response. The day before this time was up I got a second letter saying wait another 4 weeks.

    Was just preparing my 'I'm taking you to court now' reply when £485 dropped into my bank account. I'm claiming £1,213 in total so I edited my letter, thanking them without prejudice for their partial payment and asking for the remaining £728 to be paid immediately.

    Their payment is a huge bonus for me for 2 reasons. 1) I now have the cash to take them to court and 2) the amount I'm claiming now is within the amount allowed in Scottish small claims court. I was going to have to do it in two lots before.

    I just want to say to everyone hang in there. They can't keep giving us the runaround forever. The law is on our side and the banks really need to know they can't keep treating people so badly.

    Good luck everyone!!!!
    If you know you have enough, you're rich. ;)
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