Abbey (merged)

hugo07

Hi everyone, i sent off my letter claiming my penalties back last week and today recieved a letter from Abbey stating they are pleased to ofer me a £1400 overdraft it i wanted it - was just wondering if anyone else has ever received that?

Thanks

annievtaylor

don't worry...mine was a £4000 claim with the Abbey and i went to the HSBC and they gave me a business account and that was after the Abbey shutting me down and me starting trying to recover my money.

Brickie103

chops05 wrote: »

I stayed up late last night preparing my court bundle which I was going to send off this morning. Before I went to the Post Office my postman arrived with a suspicious looking envelope from the abbey. They are paying all charges plus interest and plus all the court costs!! I'm so pleased!!! :j :j :j :j

I know from everyone's advice on here that it wouldn't go as far as me appearing in court but I was concerend that I might have to be the first person to actually face the Abbey in court!!

My advice to everyone who has just started claiming is to stick with it. Abbey will try all sorts of delay tactics to stop you from getting your money back but perserve and it does pay off - litereally lol!!! :rotfl:

thanks for everyones help and advice on here :T :beer:

thats great!! congratulations!!

I have to ask though, how long did it take for you to get a court date?
Did it get to that stage?
Also, what did you do to prepare your court bundle, i've been waiting for ages for a date (or what seems like ages and i havent heard anything from abbey yet) the court said it was passed to the judge on the 2nd May.

any advice?
Do you think i should write another letter to Abbey?

Thanks!!

Brickie103

John_Grey wrote: »

New Poster here. So far have not had too much trouble with Abbey, they have provided all my statements back to 2001 in various forms. However the last year’s statements have arrived with the charges sections blank. I have a number of the originals and have proved to them over the phone that on one there was £20 charge and another charges totalling £50. Can they do this? I have complained by phone, email and a letter but it seems I will have enough to go ahead with anyway.

Hiya!

Welcome to the site!
Everyone on here has been really helpful and are at different stages with their claim, so there is loads of people on here who can help you.

In answer to your question, Abbey will try all sorts of delayingtactics and fob offs to put you off but you must stick to your guns!
Everyone on here who have asked for their statements have had the charges section blanked. Its Abbey's crafty way of making it hard for you. If you know that you have had those charges by already having the originals, then use those originals to claim from (i have!)
The usual script is that they will send you the last 14 months statements with the charges section blanked off. (have a look at the back amongst the transactions section, sometimes the charges appear there)
The rest they will send on microfiche, where you will have to trawl through the listings to find the charges abbreviated CHG.

You can still calculate them all, dont let them try and put you off!!

Good luck!

Brickie103

hugo07 wrote: »

Hi everyone, i sent off my letter claiming my penalties back last week and today recieved a letter from Abbey stating they are pleased to ofer me a £1400 overdraft it i wanted it - was just wondering if anyone else has ever received that?

Thanks

My friend has received a similar response for her claim with Lloyds TSB.
Its a delaying tactic, just send off the next letter as normal. The one saying that you havent had a satisfactory response.
You'll find it under Martins section on reclaiming bank charges, i thinkits letter 3 or 4.

Good luck!

DotingDad

Brickie103 wrote: »

Thanks for that Dotingdad!

So you think i should send a letter explaining the situation? (i send all my letters recorded and have done with the Abbey process) Although what worried me was that the lady on the phone said that i still have to make payments even though the account was in dispute!
I have read somewhere i'm sure that if a debt is in dispute you dont have to pay anything from it until the dispute has been resolved, also, i'm a bit worried as to how to handle this in court when i get called in! the judge could say that even though i am claiming charges back from Abbey, i, however owe them money! (although in hindsight i wouldnt if i didnt occur all those ridiculous charges!!)

Am i right or wrong there?

the first DCA Abbey sent my debt to handed it back to Abbey as soon as i phoned to explain what was happening, this one seems to be trying scare tactics, and i have to admit, its working slightly!

Thanks again!

In my experience if you can properly demonstrate that the debt is wrong / disputed a reputable DCA will either give it back or hold fire until resolution of the dispute.

In your shoes I would write a WITHOUT PREJUDICE letter acknowledging the debt of £316 but pointing out that Abbey owe you considerably more (specify amount if you wish) which should shortly be confirmed in court. As I said before you could also send an enclosure "proving" that you will be going to court. A copy of the document confirming the court for example

I would suggest that there is no point in the DCA going to court as if they did you would defend it with a larger counterclaim. You would also plead hardship which will only be mitigated when Abbey reimburse you with what they owe you so you would not have to pay the £316 in one hit anyway.

I think the woman on the phone was trying to scare you.

In simple terms they owe you more than you owe them and their intimidating attitude in the circumstances can only help you when your case eventually gets to court since you will obviously keep and produce all cpies of correspondence on this subject.

Brickie103

DotingDad wrote: »

In my experience if you can properly demonstrate that the debt is wrong / disputed a reputable DCA will either give it back or hold fire until resolution of the dispute.

In your shoes I would write a WITHOUT PREJUDICE letter acknowledging the debt of £316 but pointing out that Abbey owe you considerably more (specify amount if you wish) which should shortly be confirmed in court. As I said before you could also send an enclosure "proving" that you will be going to court. A copy of the document confirming the court for example

I would suggest that there is no point in the DCA going to court as if they did you would defend it with a larger counterclaim. You would also plead hardship which will only be mitigated when Abbey reimburse you with what they owe you so you would not have to pay the £316 in one hit anyway.

I think the woman on the phone was trying to scare you.

In simple terms they owe you more than you owe them and their intimidating attitude in the circumstances can only help you when your case eventually gets to court since you will obviously keep and produce all cpies of correspondence on this subject.

Sounds like a plan!

and thanks very much, i wish you best of luck with yours!

regards

DAVECHUNK

hiya all abbey shabby got till 28may to give me my charges bk amount to £1240 then i will start court proceedings against them they had the warning letter of me about court action letter came bk looking into it take 4 weeks maybe 8 only giving them 14 days so see if they respond b4 the 28 may let you know how i get on:)

chops05

Brickie103 wrote: »

thats great!! congratulations!!

I have to ask though, how long did it take for you to get a court date?
Did it get to that stage?
Also, what did you do to prepare your court bundle, i've been waiting for ages for a date (or what seems like ages and i havent heard anything from abbey yet) the court said it was passed to the judge on the 2nd May.

any advice?
Do you think i should write another letter to Abbey?

Thanks!!

I started writing to the Abbey back in November so its taken 6 months to get it all sorted out.

When my claim was referred from MCOL to my local court I telephoned my local court to find out what was happening. I was told that my case had been passed to the district judge and it would take 4-6 weeks before I would be informed of when my court date would be. I got a letter on 4th May informing me a court date had been set for 5th June and I had been allocated an hour for my case to be heard.

You have to submit a court bundle no later than 14 days before court date so I was cutting it fine to get mine submitted. I just copied all the letters that I had sent the Abbey, all the letters that the Abbey had sent me and then copied the statements which showed evidence of all the charges Abbey had taken from my account. It took me a good couple of hours to do this and get it collated as you have to do two copies - one for the court and one to be sent to Abbey.

I would give the court a call in a couple of weeks to see what is happening. You never know, Abbey might write to you and pay up before you get a date!

Good luck

Simon7685

DAVECHUNK wrote: »

hiya all abbey shabby got till 28may to give me my charges bk amount to £1240 then i will start court proceedings against them they had the warning letter of me about court action letter came bk looking into it take 4 weeks maybe 8 only giving them 14 days so see if they respond b4 the 28 may let you know how i get on:)

Hi
I have already been theough this with the Abbey, they will send you afurther letter 4 weeks after the first saying it will take at least another 4 weeks.

Thought you may like to know.