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Abbey (merged)

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  • nellyhunt
    nellyhunt Posts: 6 Forumite
    Hi,I just wonder if I can claim from Abbey on unsuccessfull direct debit.I set up direct debit from Natwest monthly to my Esaver in Abbey.Normally they direct debit on 29 or 30th.But on November last year they took it on 28th but my salary was paid in on 29th.So Abbey has charged me £38.00 for that matter.Do you think I entitle to claim this?
  • halphy
    halphy Posts: 593 Forumite
    Hi I Know The Abbey Are A Nightmare To Deal With! I Am Up To My Allocation Questionnaire With My Local Court. I Had A Letter From Abbey After They Filed Their Defence Offering Half The Money I Am Claiming -£1219, I Am Claiming £2500, I Wrote To Them And Called Them Telling Them I Am Not Accepting But I Would Accept The Offer I Suggested. I Havent Heard Anything From Them And My Questionnaire Has To Be In By Friday, Do You Think This Will Go To Court? I Am Ready To Go, But Just Wondered If Anyone Else Has Had Same Problem Recently With Them? Thanks
  • halphy
    halphy Posts: 593 Forumite
    Hi Im At The Same Stage, Well My Questionnaire Has To Be In By Friday. I Was Offered Half The Amount Which I Didnt Accept! Apparantely Ive Read A Few Posts Who Say It Will Get Right To The End But Not To Court! They Are Awful, They Try And Make You Back Down.
  • Taffyfella
    Taffyfella Posts: 176 Forumite
    Of course, this charge is extortion. Claim this back.

    Taff ;)
    Need is something you have to have

    Want is something you would like to have
  • harry5
    harry5 Posts: 17 Forumite
    HI
    I am at the same stage as you and am womdering whether to write to them asking for 3/4 settlement or whether i should file my AQ and keep my fingers crossed, I am being put off a bit by the court bundle I have heard you have to file to the court.

    Good luck and any replies will help me too!
  • halphy
    halphy Posts: 593 Forumite
    Hi, I Did Actually Write And Call Saying Id Accept Mid Way, I Havent Heard Anything Yet! Got To Be In By Friday, Im Hoping They Pay All Of It!! The Guy At Abbey Said If They Dont Call Back Just Assume They Wont Accept My Offer! Fine
  • halphy wrote: »
    Hi Im At The Same Stage, Well My Questionnaire Has To Be In By Friday. I Was Offered Half The Amount Which I Didnt Accept! Apparantely Ive Read A Few Posts Who Say It Will Get Right To The End But Not To Court! They Are Awful, They Try And Make You Back Down.

    does make you think you done something wrong though. Good luck.
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    Fill in in the Allocation Questionnaires and send them back by the time specified as this has now cost you court fees and you will be entitled to claim them back along with your court costs and your FULL CLAIM, not an offer.

    Guide to Allocation Questionnaire is in the Reclaim Help Thread, link in my signature.
  • humanchimp
    humanchimp Posts: 38 Forumite
    Hi,

    I sent off the first template letter to Abbey (which they received on Monday 26th March), asking for the money back, and got back the standard "Give us four weeks to get back to you" letter. Now I know you stick to your deadline, not theirs, but do I send off the second template letter now (i.e. 1 week into the 2 weeks I gave them to give me a satisfactory response) or do I leave it until the 2 weeks are up, and then send off the second letter?
  • chops05
    chops05 Posts: 178 Forumite
    Part of the Furniture Combo Breaker
    Just received Abbey's defence in relation to my claim! What they have written is quite funny really "The claimant's contention that the said fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportionate to the Defendant's administrative expenses incurred due to the Claimants breach of contract and are a genuine pre-estimate of the damage duffered by the Defendant" So it actually costs the Abbey £32 in admin costs for an unpaid direct debit charge - I think not!!!

    A quick question - I started trying to claim my charges back in November last year and in Abbey's defence they have written "The Defendant denies that the Claimant is entitled to charges prior to 5 March 2001 by reason of Limitation act". From what I can gather they are going back 6 years from the date of when the court served them with my claim. I requested my statements back in August last year and I think I should be entitled to claim charges going back 6 years from the date I started to write the Abbey to get these charges back - I am right in thinking this or is this another of Abbeys shabby tactics in not paying back what they should.

    As the Abbey are defending it has now been forwarded to my local court. When I received the letter from the court they had crossed out the part that says that the AQ is enclosed and it just enclosed a copy of Abbey's defence. Has anyone else had this? What happens now?

    Sarah
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