Abbey (merged)

nejen_2

I'm still waiting for my 6 years worth of statements. My letter requesting them was sent to the Abbey on 1 March, by my reckoning they should have supplied them by 10 April (40 days). I've had the acknowledgement letter for the £10 fee and last years statements but nothing else. I've rang them and complained but they just weren't interested. Do I just go straight ahead and sent a letter to the ICO without any further contact to Abbey?
Also the letter from Abbey had the wrong tel number on the top. It came from Bradford and the number was 08457 724724...unobtainable!!

cruncher75

Hi all ok ive had my statments from abbey and sent of the letter asking for charges to be repaid on the 5/4/07 dose the 14 days start from the 5th or the 6th just that they never recived the letter untill the 10th sent recorded. Today i recived the normal fob off letter from abbey say it will take 4 weeks bla bla bla if the date goes by the 5th then there 14 days are up and what would i need to do next.

Andypez

cruncher75 wrote: »

Hi all ok ive had my statments from abbey and sent of the letter asking for charges to be repaid on the 5/4/07 dose the 14 days start from the 5th or the 6th just that they never recived the letter untill the 10th sent recorded. Today i recived the normal fob off letter from abbey say it will take 4 weeks bla bla bla if the date goes by the 5th then there 14 days are up and what would i need to do next.

in theory, the date it is sent is the date that you go from, as the 'postal rule' applies in this case. you should now proceed to the next step if the 14 days are up, i.e send them a letter informing them that you are going to take legal action (letter templates in threads somewhere). they won't respond to that leter either, so when that timescale is up take them to court!
hope this helps
Andy
a budding law student

ani*fan

Hi Cruncher
I'm not sure how long they have legally to investigate your complaint...I gave them 4 weeks out of niceness :-) After this I guess you can send the next letter saying you're taking them to court.
Best of luck

Andypez

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.

stick to your guns, stick to your timescales, the timescales they give you are purely 'recommendations', take them to court, i did, i won by default. don't panic, there is plenty of help and advice on these pages and the column to get you through, 9times out of 10 the banks don't turn up to court, if thats the case just ask the judge nicely...."can i have judgment in my favour please" the judge will say..."of course you can"...

Hope this helps
Andy
a Budding law student

Andypez

salopian1 wrote: »

Hello guy's
i'm now at the final stage of my claim and have a court date set for May 18th. I'm hoping that Abbey will not attend, if they don't do i still have to go through the charade of a hearing and present all my evidence or will the judge just rule in my favour by default ?

Any advice welcomed as i'm a little nervous about fouling it all up at the last stage.

if they don't turn up, judgment is usually found in your favour. it is about time the courts did something to the banks for wasting the courts time over these claims.
Andy
A budding law student

james_moon

anley1 wrote: »

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.

Thank-you very much...it always feels better if you know someone else has already walked the line... :j

johnnyroper

i have recieved a letter from northampton court saying the claim has now been passed to my local county court.i have phoned my local court enquiring about an allocation questionaire and was told this is not always needed,and to wait for them to be in touch.
does anyone know if this is correct and also now a defence has been filed what sort of time scale am i looking at until it is heard in court?
any help/advice appreciated

kat1234_2

Hi everyone

Abbey's 40 days were up on the 13th april and i have not recived the rest of my statements i only have 12 months i have sent of the second letter on the 16th april and still no reply what do i do next if i sill dont recived them help please

jojo_112

Started my case against Abbey in December and had to wait till January to get all 6 years statements.My case like many others has crawled along since then.
Finallly received a court date for early May for a directions hearing.
Thought about ringing Abbey to see if they wanted to settle but decided against this as i didn't want to look scared (even though i was).This has payed off as today they rang me desperate to settle before court.I have to say the conversation was very entertaining.They start off offering a supid amount only slightly higher than the 50% they probably offered everybody who claims weeks ago.When i told him what i was willing to accept he started talking about how the court would not give me the full amount and its better to sort it out now.Anyway he gave up far too easily for my liking and we agreed a figure about £100 less than the total amount which includes all interest and court fees.I claimed my money back out of principle and will now enjoy a carribean holiday next winter with MY money.Hope this gives everybody the confidence to go on.I have felt on loads of occasions what if it gets to court but believe me they have no intention of going near any courts for as long as they can avoid it GOOD LUCK everyone:beer: :T :T