Abbey (merged)

DAVECHUNK

Hi thanks for the info about most of u being at the same stage of waiting 14 days.the letter i sent of to abbey was the court threating one they got till the 28 of may to reply to it if not i will get in motion the court proceedings.Is it with the moneyclaim one on the site best to use to take them to court.

DotingDad

Hello everybody,

As my username suggests I am trying to sort out charges for my daughter using the excellent resources on this site.

I really just want to see if I'm on the right track so far. As appears usual Abbey sent the most recent statements within the 40 days and said further charges information would be sent in another format as soon as possible.

I suspected this to be a delaying tactic so after 40 days had safely passed submitted a claim, using a tailored template from the site, for the charges shown on the statements I'd received of £270 plus interest. I hand delivered this to the local branch (where she originally opened the account) and asked for a receipt.

Two days later a spreadsheet arrived with her earlier charges shown! They also refunded her £10 presumably because they were over the 40 days. For that reason I didn't complain to the Information Commissioner. I submitted a further claim in exactly the same way as the first for £320 plus interest.

In both instances, from different offices, I received holding letters 4 weeks blah, blah, blah, full investigation blah, blah, blah.

I decided to wait until 14 days after the second claim with a view to sending in a consolidated claim using the template threatening court action if no satisfactory response after 14 days.

In the meantime we received a very condescending letter (presumably in respect of the £270 claim) which talked about how to run an account, said the charges were fair but offered a goodwill gesture of £50.

I then did a consolidated claim for £540 (being the original £270 +£320 =£590 less the £50 received) plus interest with the letter threatening court after 14 days. Again I hand delivered and obtained a receipt. This was yesterday, 16 May.

I then heard that the banks had won a case and that has given me the jitters given that Abbey seem to go well down the Court road from reading this thread.

My specific concerns are these:

1) Abbey took my daughter's cash card away so she can only get money via a branch. I told her to get the £60 out (£10 refund plus £50 what I regard as part payment) which she did. Will that prejudice her position? My view is that she is simply withdrawing her own money but will the courts see it like that? I would argue that I've taken the £50 off the consolidated claim so it is evident that we regard it as part payment.

2) The Court process: Can I do it for her using my credit card or will there be some sort of data protection nonsense obstructing me?

Sorry this post is long. In summary have I completely screwed up or are we doing things ok so far? I've ignored Abbey's timelines and stuck to my own.

kev2b3

DAVECHUNK wrote: »

Hi thanks for the info about most of u being at the same stage of waiting 14 days.the letter i sent of to abbey was the court threating one they got till the 28 of may to reply to it if not i will get in motion the court proceedings.Is it with the moneyclaim one on the site best to use to take them to court.

yes i think its either money claim or the N1 form which i believe you can take directly to the courts.

kev2b3

hi there hugo07
have you started sorting out your court package?

kev

yeovillad

Hi Everyone, I had to borrow the £120, but last night I filled in my MCOL and am taking Abbey to court. I think it is the only way you are going to get all your money back. They said they sent £633 to their debt management team as a goodwill gesture but I have not seen it and no one seems to know what this means.
I have telephoned Abbey over three afternoons on a 0845 number and cannot get through, even though they have the highest standard of customer service ever. This bank has done me some major damage financially.
I hope all of you fight them well, and their dirty tricks. They really are a sick organisation and only care about their Spanish shareholders. I was worried about the guy who did not win his case the other day. Maybe some Judges are Freemasons and go running around their lodges with Bank Managers dressed up as buffalos, then we would get stitched up. If I do not win I will not be able to pay back my mate her £120. Keep fighting.

yeovillad

DotingDad wrote: »

Hello everybody,


My specific concerns are these:

1) Abbey took my daughter's cash card away so she can only get money via a branch. I told her to get the £60 out (£10 refund plus £50 what I regard as part payment) which she did. Will that prejudice her position? My view is that she is simply withdrawing her own money but will the courts see it like that? I would argue that I've taken the £50 off the consolidated claim so it is evident that we regard it as part payment.

2) The Court process: Can I do it for her using my credit card or will there be some sort of data protection nonsense obstructing me?

Sorry this post is long. In summary have I completely screwed up or are we doing things ok so far? I've ignored Abbey's timelines and stuck to my own.

1. I think you should write to Abbey asap and say that you accept the £50 as part payment and without prejudice but will continue to pursue for the remainder. They are so full of tricks you have to watch it or they will say you accepted it as full payment, unless you write to them and keep a copy.

2. I am sure you can use your credit card to pay the court fee, you will just have to fill out different details such as address and card details on their forms.

Hope this helps.

kellyd

oooooooo you got me thinking now !

im very new to this bank charges side but i was charged £230 this month for late paid direct debits, im self employed and was late paid this month.

Am I right in thinking i can charge this back ? I better get reading all this lot to see how it sounds complicated and difficult though x

AliceBanned

Thanks, I will report my successes here!

Felix_the_Foccer

I filed my claim at MoneyClaimOnline against the Abbey for £1500 worth of unfair charges (plus 8% interest).

Abbey have since filed a (what I guess is pretty standard) defence.

The Abbey wrote to me a while back and put £35 as a goodwill gesture into my account,to which I wrote back declining their £35 offer and authorising them to remove it from my account etc, at the same time offering them the alternative of settling my claim in full etc.

On 15th May 07, Northampton County Court transferred the case to my local County Court. In the notes I have received from Northampton CC, it says:

Without hearing

IT IS ORDERED THAT:-

1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.**

** Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details.

Can anyone tell me what this means in effect? Is it standard-ish?

Do I have to pay another fee?? (I've already paid £120 on the Moneyclaim fee)

Will I receive a letter from the local County Court next ...? And how long is usual to wait etc?

Sorry for all the questions. I'm grateful for any advice you can give.

Many thanks,

Felix

Simon7685

Felix_the_Foccer wrote: »

I filed my claim at MoneyClaimOnline against the Abbey for £1500 worth of unfair charges (plus 8% interest).

Abbey have since filed a (what I guess is pretty standard) defence.

The Abbey wrote to me a while back and put £35 as a goodwill gesture into my account,to which I wrote back declining their £35 offer and authorising them to remove it from my account etc, at the same time offering them the alternative of settling my claim in full etc.

On 15th May 07, Northampton County Court transferred the case to my local County Court. In the notes I have received from Northampton CC, it says:

Without hearing

IT IS ORDERED THAT:-

1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.**

** Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details.

Can anyone tell me what this means in effect? Is it standard-ish?

Do I have to pay another fee?? (I've already paid £120 on the Moneyclaim fee)

Will I receive a letter from the local County Court next ...? And how long is usual to wait etc?

Sorry for all the questions. I'm grateful for any advice you can give.

Many thanks,

Felix

Hi Felix, I am in exactly the same position as you with Abbey. I was told to read through a thread about Allocation Questionaire dispensed. I did and the message was to sit tight and wait now for either the banks solicitor or your local court to contact you for nore info, or they may even still send you an allocation questionaire.

I also understand that claims of over £1500 will attract a further fee of £100 paying which will be added automatically to the amount you claim from Abbey.

Hope this helps a little and reassures you

Simon