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Abbey (merged)

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  • daphne67
    daphne67 Posts: 10 Forumite
    Hi folks

    i am trying to claim £1000 back. I started the process in April. i didn't ask for interest over the past 6 yrs as i thought they were more likely to pay up :rotfl: anyway i got to the stage where i have threatened to take them to court etc. However they have not got back to me after the 2 weeks i gave them. What do i do now? do i go to the CAB for advice for going to court? i am just tired now. i have this feeling that they are getting wise to all of this.
    Has anyone else found Abbey a tough nut to crack!

    daphne x
  • Beate
    Beate Posts: 3,522 Forumite
    Part of the Furniture Combo Breaker
    Banks won't roll over because you send them a letter. If you threaten them with court you have to follow through with it and do file a claim. You don't need the CAB, all the advice is here on this board. It is all less work than it sounds, so don't give up now! Thousands of people have filed claims and got all their money back.
    Reclaimed thanks to this site:
    £175 Abbey Mortgage Repayment Fee, £170.03 Capital One Bank Charges £418.07 Lloyds TSB Bank Charges, £2,671.55 Mis-sold Endowment Policy, all for OH
  • Had my settlement offer today of £2500 against my £2900 claim and settling that'll do nicely for a new pc.

    Just one question remains how do i stop the court action now and is there a template??

    And thanks to all for your help
  • DAVECHUNK
    DAVECHUNK Posts: 21 Forumite
    stuhixxy wrote: »
    Had my settlement offer today of £2500 against my £2900 claim and settling that'll do nicely for a new pc.

    Just one question remains how do i stop the court action now and is there a template??

    And thanks to all for your help
    hiya had my offer today from abbey £1850 from a £2220 claim going to take it sent back my reply to say ill take it. on my mcol claim says i cant go no further with as they had put in defence etc will hear from us the court that is the letter i sent back to abbey said soon as i have my money in my hands will contact courts to stop process.anybody got any idea how to word letter or any template.Well done stuhixxy gratzs:)
  • daphne67
    daphne67 Posts: 10 Forumite
    Beate wrote: »
    Banks won't roll over because you send them a letter. If you threaten them with court you have to follow through with it and do file a claim. You don't need the CAB, all the advice is here on this board. It is all less work than it sounds, so don't give up now! Thousands of people have filed claims and got all their money back.

    Thanks beate.

    i only logged on to the forum for the first time today, wished i had done so earlier. Sorry for being a pain but what do i do now with regards to taking abbey to court? my letter gave them 2 weeks. i got a letter back to say it would take 6 wks to look into my complaint. should i wait the 6 wks or write again? is there a template for the next stage?
    thank you for any advice you can give me
    daphne
  • penguin83
    penguin83 Posts: 4,817 Forumite
    Part of the Furniture Combo Breaker
    stuhixxy wrote: »
    Had my settlement offer today of £2500 against my £2900 claim and settling that'll do nicely for a new pc.

    Just one question remains how do i stop the court action now and is there a template??

    And thanks to all for your help

    You can use this notice and file it at court and with the bank

    http://www.hmcourts-service.gov.uk/courtfinder/forms/n279_0699.pdf

    Please note, this notice can only be used if judgment hasnt yet been entered. To discontinue a claim after judgment you need to send a letter stating that you have received full and final settlement in your claim and the date which you received it. This is important for the court to satisfy the judgment. hth x
    Pay Debt by Xmas 16 - 0/12000
    There is something about the outside of a horse that is good for the inside of a man.
  • Hi everyone. Well after my last posting a few pages back in which Abbey were given until 18th June to respond to the courts letter of the "stayed claim" to settle my claim, I received a letter from Abbey dated 14th June by recorded delivery offering me £3056.40.

    My original claim was for £4021.58 but in March 2007 my account was creditied £265.00 as a good will gesture before receiving a letter to say I was receiving this payment. So after deducting that amount from the total and the courts adding on the court fees of £120.00 I'm now claiming £3756.58

    Letter says:-

    We refer to the General Form of Judgment or Order staying this Claim for settlement.

    In a final attempt to resolve this Claim, Abbey National PLC is prepared to make payment to you in the sum of £3056.40 in full and final settlement of your Claim.
    Any payment would be made without admission of liability by or on behalf of Abbey National Plc.

    There must be some charge incurred for the transactions that have in fact occurred on your account.

    We trust you will view this offer as a genuine attempt to reach an amicable resolution of your Claim without recourse to a fully contested court hearing.

    Should you wish to accept this offer please sign the enclosed copy of this letter and return the same to us in order that payment can be processed.


    I replied back to say I would not accept it as full and final payment but would accept it as partial payment and without prejudice and gave them 7 days to reply back which was up to yesterday (28th) or I would contact the local court's deadline of 2nd July to continue with proceedings against the bank. As yet I haven't had any further correspondence from Abbey and with Royal Mail on their 24hr strike today, I may receive a letter tomorrow.

    My question(s) - do I contact Abbey today by phone to find out what their intentions are or contact the local court in Lincoln to let them know the update so far or wait until Monday 2nd July? Advice greatly appreciated.

    Sorry for the long post but feel extracts of bank letter and reply will be helpful to others :)
  • feater
    feater Posts: 82 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Reply to daphne67.
    You should be able to amend this with a N244 form, and you will need to pay a £35 fee (non refundable). Might be worth ringing the court to confirm this is covered by the form.
  • I have been reading all of your messages avidly over the last four months and just wanted to give you all some hope. On:

    <DIR>21 Feb 07 - we wrote to Abbey requesting a copy of our bank statements for the last six years. We received them back 3 weeks later.

    13 March 07 - we asked the Abbey to refund our charges of 2,962 (using the templates given on this website)

    27 March 07 - we received a letter from the Abbey saying that we weren't entitled to a refund as we signed their terms and conditions when we open the account.

    12 April - we received another letter saying that they were investigating our claim but it would take another 4 weeks before they would get back to us. These are stalling tactics. Do not be fooled. Work from your own timetable ie as shown on this website.

    20 April 07 - we sent a letter threatening court action (2,962 charges and 948.68 interest) for 3,910.68.

    8 May 07 - Abbey deposited 195 into our account as a "gesture of goodwill". This was great as it gave the funds to pay for the court costs. We didn't even bother to send a letter of acknowledgement.

    9 May 07 - through Money Claim, we instituted court proceedings.
    4 June - we received a letter from the Abbey offering a refund of 65% of our claim.

    7 June 07 - we made an offer to Abbey for 3,700 to settle out of court.

    14 June 07 - I finally got through to the Abbey and the lady I spoke to said that they were only dealing with cases that had 3 weeks to go until their court case. As we hadn't even received a court date, we were really tempted to cave in as we needed the money.

    20 June 07 - we received a letter from the court to say that our case had been transferred to a local court.

    22 June 07 - they deposited a cheque for 3,700 directly into our Abbey account, which will cleared on Weds. We haven't even received a letter from them. Very bizarre.

    29 June - now that the monies have cleared, we have sent a letter to the court, cc the Abbey, saying that we wish to withdraw our claim

    </DIR>We are just so relieved that it is all over. We were determined to get our money back as their charges just made us spiral out of control and caused us a considerable amount of stress (back in 2003). I know that we accepted slightly less than we asked for but it wasn't that much less ie 15.68 less than the original amount + 120 court costs.


    Hang in there, it will work out. Thanks to everyone for your help. Especially Martin, you should be made a Sir in the Queen's next honours list!
  • efc40
    efc40 Posts: 26 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    hi everyone

    sorry if this has been posted before but i couldn't find it.

    today i have been charged £265 for DD's and standing orders being paid when not enough money was in my account, i phoned them up and complained they said they could refund me £80, because i never had much money in my account i excepted.

    can i still reclaim bank charges for the last 6 years..?

    i also have an overdraft of £1700 will they stop this and what do they do if i don't have the £1700 right away..?

    thanks for your help sorry if they seem like silly questions
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