Abbey (merged)

Kurt_Hamster

WHISKEY wrote: »

hi can any one give me some advice i got a letter from the abbey today saying that they are willing to make a part payment on my bank charges whitch i thought was great i read the letter it then said it was going to send it to the debt recoverys unit and take back any funds that i still have outstanding .
i have only had 1 letter from them it has been 12 weeks as i put in 2 claims this 1st one covers the amount of the first claim should i wait or keep pounding them for the other 1 which was a larger claim.

Write the the bank reminding them that the account is currently "in dispute" and as such they cannot instigate debt recovery proceedings until an agreement has been achieved.

Then pleaser read this thread...
http://forums.moneysavingexpert.com/showthread.html?t=400981

WHISKEY_2

thanks for that i shall get on to them monday morning will post and keep you updated thanks again.:D

lisa11

Dear all,

I was hoping to hear from any of you who may be/or have been in the same position as myself.

I am taking Abbey to the small claims court for direct debit charges on my account and had a letter from my court on friday advising that abbey are defending the claim and they have 28 days to prepare their defence.

I had not expected it to reach this far and had hoped that they would have settled out of court, I have read so many peoples success stories that they have had that I feel alittle dissappointed.

I am now alittle worried incase I don't win. Has anyone taken abbey to court with Abbey defending themselves?

Stephen_Leak

These days, your chances of getting all your charges back in response to a strongly worded letter are as slim as a size zero model. The first two letters are just to show that you have tried to settle the matter, before you escalated it to the courts or Financial Ombudsman.

Don’t panic. Whilst taking a bank to court is not something to be entered into lightly, you have a right to justice. The bank also has every right to defend your claim against them. However, the legal gobbledegook they will use is designed to intimidate you into giving up. When you receive it, post it here and someone will translate it for you.

The next step is to start getting your court bundle up together. This is basically three copies of everything you already have: your list of charges, your letters to the bank and any letters from the bank. Depending on the actual defence, you might need some other more legal documents, but we can tell you what you need and where to find them.

In the small claims courts, if the claimant “loses” they do not have to pay the defendant’s costs.

One set of copies will be waste paper, because the bank’s solicitors won’t turn up. They daren’t. The last thing they want is to have to answer some potentially very expensive questions, such as just how much (or how little) it does cost them to automatically administer a late payment, overdraft, etc.

saraharrow

Hi,
Abbey as far as I am aware always defend.

The court will send you an allocation questionaire which has to be returned within 14 or 28 days I cant recall which, whilst the clock is ticking Abbey sent me a letter offering half back to me if I replied by a certain date. So, I emailed the chap who had sent the letter and said 'sorry, did you say I only had to pay 50% of the charges? no, you didnt, so you can pay me back the 100% that you took.'

He sent me back a strongly worded email saying that they were allowed by law to charge a fee. I replied yes to cover their costs, so if they want to say how much it costs to send a computer generated letter and what the alleged breach of contract was worth to them, I would happily pay that amount and if they didnt want to say what it cost them then they could pay up or I would see them in court.

I felt I had nothing to lose and much to gain, so I was far more outspoken than I am in real life!
I'll be honest and say I was totally scared, I felt sick about taking them to court, and I feared the postman and what he would bring.
They paid up 100%.
My partner is now suing Abbey and they have sent in the defence, so we are now just waiting for the court allocation to come through and hopefully we will be able to negotiate with them.

You can get a court buddy through the consumer action group website, someone in your area to assist you as they have been through it before, but they are not a legal representative, just support for you.

Good luck, remember its your money you are claiming back.

Sarah

gillymca

Hi

Before i take abbey to court I would like to write to them to see if they would settle out of court for a reduced amount. Does anyone have a template of a letter I could use. I am not holding out much hope of them agreeing but its worth a try.

Thanks

gillymca

Edinburghlass_2

lisa11 wrote: »

Dear all,

I was hoping to hear from any of you who may be/or have been in the same position as myself.

I am taking Abbey to the small claims court for direct debit charges on my account and had a letter from my court on friday advising that abbey are defending the claim and they have 28 days to prepare their defence.

I had not expected it to reach this far and had hoped that they would have settled out of court, I have read so many peoples success stories that they have had that I feel alittle dissappointed.

I am now alittle worried incase I don't win. Has anyone taken abbey to court with Abbey defending themselves?

Most of the Abbey claimants are going through the same as you so don't think you are on your own.

The courts are trying to speed up the procedure and dispensing with the Allocation Questionnaire but they will let you know if this is the case. If you do get an AQ you'll find a guide to this in the Reclaim Help Thread along with the thread about Dispensing of the AQ and how to respond if the bank or solicitor seek further information at this stage.

emmaessex

Hi all

just in the middle of filing money claim on line info and its asking for the address for abbey ? does anyone know what address i use as i dont have there legal department address so if anyone has the correct address i would be most grateful

Thanks in advance
Emma

Simon7685

Playing the waiting game!

My claim against Abbey is now waiting for a date in my local court. The order for transfer without AQ was made in Northampton on 09 May 2007. I think I am going to be one of the unlucky people who either go to court or have to wait until the last minute for the bank to settle (Ihave received no offers whatsoever.)

Does anyone know is there a time limit to waiting for a date or timescale?

The last communication from Abbey was a copy of their defence, does anyone know if it may be beneficial to contact Abbey to ask if they would consider a settlement figure? If so does anybody of a number to call?

Thanks very much to all on this site

Simon7685

Ice_Hockey_Mad

Hello.

I asked for my last six years account statements over the phone and gave them permission to deduct £10 from my account which they havn't done. The 40 days is now up and so far I have received copies of last years statements. Last week they sent another four years statements but in a strange, unintelligible format which seems to exclude details of charges. One year is still missing.

Have I been "done" by the Abbey and should I start again with a letter and cheque? Is their sending me statements evidence that I have requested them should I need to pursue this through the data protection people?

Anyone else experienced this?