Abbey (merged)

barclls

tenaka wrote: »

Hi all,

does anyone have a basic template for a letter acknowledging a bank's depositing part of a claim as "gesture of goodwill", that refuses to accept it as full settlement, but that is willing to accept it as part settlement of the claim?

Just a basic wording would do that uses the correct terminology.

Ten

This is the wording that I used

Thank you for your letter dated XXXXXX. I am writing to inform you that I accept the money that you have refunded into my account as part payment without prejudice but that I intend to proceed with my claim for the full amount.
You may not have been aware that I commenced legal action against you for the full amount plus interest and costs on (enter date) and I would ask that you now refer this matter to your legal department for further instruction.
Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim (enter amount) plus interest without further conditions and I will inform the court that the claim is settled.
Please note that the amount refunded to my account as of todays date is (enter amount).

Hope this is of use to you. I have since had a letter back from the Abbey with a copy of the defence that they have filed in court. Just have to wait for a court date now and see what happens. Have to admit that I am getting a bit nervous now but am determined to hold out.
Good luck
Sparklebarclls

hugo07

kev2b3 wrote: »

hi hugo
see that i am not the only person having trouble getting all the statements. just read the copy of the letter missjules posted and i think that the way to go.i did contact abbey today and all they keep telling me is it will take another 4 weeks to receive the other statements. i suppose we could also make a claim for the charges on the statements we have now and then make another claim on the other statements when we receive them.

Hi Kev, Just getting statements is a massive task in itself!! Im so glad this site is here for us to talk to people who are at the same stages! You learn alot.

I agree the copy of the letter Julie posted is def the way to go. Will be posting it tomorrow recorded delivery.

4 weeks is stupid - usual delay tatic from Abbey again.

It is an idea although sticking to one claim could save alot of hassle and could end up taking double time on Abbeys part!!

Hopefully this letter may just do the trick!!!

hugo07

barclls wrote: »

This is the wording that I used

Thank you for your letter dated XXXXXX. I am writing to inform you that I accept the money that you have refunded into my account as part payment without prejudice but that I intend to proceed with my claim for the full amount.
You may not have been aware that I commenced legal action against you for the full amount plus interest and costs on (enter date) and I would ask that you now refer this matter to your legal department for further instruction.
Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim (enter amount) plus interest without further conditions and I will inform the court that the claim is settled.
Please note that the amount refunded to my account as of todays date is (enter amount).

Hope this is of use to you. I have since had a letter back from the Abbey with a copy of the defence that they have filed in court. Just have to wait for a court date now and see what happens. Have to admit that I am getting a bit nervous now but am determined to hold out.
Good luck
Sparklebarclls

Good luck Sparklebarclls, do hold out as it will be worth it in the end especially with all the help from people on this site!!!
Good luck

FREBONY

JUST RECIEVED A LETTER FROM ABBEY STATING THEY HAVE FILED A DEFENCE AT COURT. BASICALLY THEIR DEFENCE IS I AGREED TO BEING CHARGED WHEN OVERDRAWN AND THE DEFENDANT DENIES UNLAWFULLY DEBITTING THE ACCOUNT. ALSO THE" PENALTY CHARGES ARE PROPORTIONATE AND ARE A GENUINE PRE ESTIMATE OF DAMAGE SUFFERED BY DEFENDANT. THEN IT SAYS EVEN IF THE FEES ARE NOT PROPORTIONATE THE CLAIMANT REMAINS LIABLE TO PAY SUCH FEES AS MAY BE PROPORTIONATE AND THE CLAIMANT IS NOT ENTITLED TO CLAIM FULL REPAYMENT OF THE FULL AMOUNT OF EACH CHARGE MADE TO THE ACCOUNT. WHAT DOES THIS MEAN? HAV'NT A CLUE WHAT TO DO NEXT. WOULD I HAVE TO GO TO NORTHAMPTON COURT OR MY LOCAL COURT. HAS ANYONE BEEN THROUGH THIS PROCEEDURE ? HAS ANYONE WON THERE CASE AFTER GOING THROUGH THE COURTS ? HAS ANYONE RECIEVED THIS DEFENCE. WOULD BE REALLY GRATEFUL FOR ANY ADVICE

barclls

FREBONY wrote: »

JUST RECIEVED A LETTER FROM ABBEY STATING THEY HAVE FILED A DEFENCE AT COURT. BASICALLY THEIR DEFENCE IS I AGREED TO BEING CHARGED WHEN OVERDRAWN AND THE DEFENDANT DENIES UNLAWFULLY DEBITTING THE ACCOUNT. ALSO THE" PENALTY CHARGES ARE PROPORTIONATE AND ARE A GENUINE PRE ESTIMATE OF DAMAGE SUFFERED BY DEFENDANT. THEN IT SAYS EVEN IF THE FEES ARE NOT PROPORTIONATE THE CLAIMANT REMAINS LIABLE TO PAY SUCH FEES AS MAY BE PROPORTIONATE AND THE CLAIMANT IS NOT ENTITLED TO CLAIM FULL REPAYMENT OF THE FULL AMOUNT OF EACH CHARGE MADE TO THE ACCOUNT. WHAT DOES THIS MEAN? HAV'NT A CLUE WHAT TO DO NEXT. WOULD I HAVE TO GO TO NORTHAMPTON COURT OR MY LOCAL COURT. HAS ANYONE BEEN THROUGH THIS PROCEEDURE ? HAS ANYONE WON THERE CASE AFTER GOING THROUGH THE COURTS ? HAS ANYONE RECIEVED THIS DEFENCE. WOULD BE REALLY GRATEFUL FOR ANY ADVICE

I have received exactly the same letter from the Abbey and I take it to mean that even if it is proved that there charges are unlawful we are still liable for whatever is deemed a proportionate charge eg £2.50 which seems to be the amount people are quoting mostly. Hope that makes sense. Good luck.
Sparklebarcll

jalama_2

hi what should i do ?
i wrote to abbey asking for bank charges back (unfortunately i didnt know about this site then and used a different one, therefore estimating my charges) i hav ehad the standard oh it will take another 4weeks letter, which is up on 11th May BUT should i write again giving them their 2 weeks and court and at the same time send for my bank statements so i have a more accurate amount OR do i give them the extra time OR do i jsut send the letter threatening court action regardless of having the statements?OR do i send for statements and start again?

i'm confused, please dont tell me to read the articles because i have a million times now lol and becasue i didnt start from scratch on her eim confused!!

jalama_2

oh and when sending cheque who do i make ot out to? do i just make it out to Abbey?

Russjo

Personally, I'm a bit new to all this myself, however, if it were me, I would request the statements. It means you have to wait the 40 days but if you get the info through, at least you know what you are claiming for is accurate. You could be underestimating how much they actually owe you and you could be forever wondering!! Let's face it, they will string it out for as long as possible, so what's wrong with you back tracking a bit and getting it right? Good luck :wave: By the way just make your cheque out to the Abbey

sweepster

FREBONY wrote: »

JUST RECIEVED A LETTER FROM ABBEY STATING THEY HAVE FILED A DEFENCE AT COURT. BASICALLY THEIR DEFENCE IS I AGREED TO BEING CHARGED WHEN OVERDRAWN AND THE DEFENDANT DENIES UNLAWFULLY DEBITTING THE ACCOUNT. ALSO THE" PENALTY CHARGES ARE PROPORTIONATE AND ARE A GENUINE PRE ESTIMATE OF DAMAGE SUFFERED BY DEFENDANT. THEN IT SAYS EVEN IF THE FEES ARE NOT PROPORTIONATE THE CLAIMANT REMAINS LIABLE TO PAY SUCH FEES AS MAY BE PROPORTIONATE AND THE CLAIMANT IS NOT ENTITLED TO CLAIM FULL REPAYMENT OF THE FULL AMOUNT OF EACH CHARGE MADE TO THE ACCOUNT. WHAT DOES THIS MEAN? HAV'NT A CLUE WHAT TO DO NEXT. WOULD I HAVE TO GO TO NORTHAMPTON COURT OR MY LOCAL COURT. HAS ANYONE BEEN THROUGH THIS PROCEEDURE ? HAS ANYONE WON THERE CASE AFTER GOING THROUGH THE COURTS ? HAS ANYONE RECIEVED THIS DEFENCE. WOULD BE REALLY GRATEFUL FOR ANY ADVICE

Hi Frebony
I have just had a letter this week of Abbey stating the same. Keep me posted would love to know how you get on. I was getting a bit worried last night after oh said what if i have to pay all court costs and pay Abbey i think i would be first in the country to have to do that. Martin can come and interview me if that happens :rotfl: .
good luck
sweepyxx

lulukimmi

I am going through the process of trying to reclaim bank charges from Abbey. They charged me £80.00 for going overdrawn £6.27 for the first time in 11 years!! They are defending the claim. Is there anything I should be doing about this or do I just let it takes it course?