Abbey Claiming Against Me

CHRISSYB09

I Sent The Letter To Abbey Saying I Would Take Them To Court They Then Sent A Letter Back Saying They Only Owed Me £700 Of Which They Proceeded To Pay Into My Account Which By The Way They Closed,i Wrote Back Saying I Would Not Accept This Money As They Owed Me £3803.10. I Have Now Received A Notice Of Issue From Northampton Court Saying They Are Claiming £223.68.so I Want To Dispute The Claim But The Court Haven't Sent Me The Forms To Be Able To Defend My Claim.this Surely Is A Chance To Make A Counterclaim But I've Already Paid £120.00 In Fees To The Court To Beable To File My Claim What Should I Do? Need Help !!

Twinkly

CHRISSYB09 wrote: »

I Sent The Letter To Abbey Saying I Would Take Them To Court They Then Sent A Letter Back Saying They Only Owed Me £700 Of Which They Proceeded To Pay Into My Account Which By The Way They Closed,i Wrote Back Saying I Would Not Accept This Money As They Owed Me £3803.10. I Have Now Received A Notice Of Issue From Northampton Court Saying They Are Claiming £223.68.so I Want To Dispute The Claim But The Court Haven't Sent Me The Forms To Be Able To Defend My Claim.this Surely Is A Chance To Make A Counterclaim But I've Already Paid £120.00 In Fees To The Court To Beable To File My Claim What Should I Do? Need Help !!

With regard to your own claim stick to your guns and continue with it. As for Abbey, why on earth are they claiming £223.68 from you ?

CHRISSYB09

Thanks Twinkley For Your Reply
The Reason They Say I Owe £223 Is Because I Had A £600 Overdraft And When They Closed My Account After I Started A Claim Against Them It Went Up To £923.00 Including Interest And Charges So After They Paid That £700 Into My Account That Left £223.but I Still Haven't Received The Forms From The Court For My Defence Against Their Claim.

Twinkly

CHRISSYB09 wrote: »

Thanks Twinkley For Your Reply
The Reason They Say I Owe £223 Is Because I Had A £600 Overdraft And When They Closed My Account After I Started A Claim Against Them It Went Up To £923.00 Including Interest And Charges So After They Paid That £700 Into My Account That Left £223.but I Still Haven't Received The Forms From The Court For My Defence Against Their Claim.

Ok thank you for making that a bit clearer and apologies for delay in my reply I got busy at home yesterday

With regard to the £700 payment they have made to the account. Write and advise that you will accept it in partial payment without prejudice (very important that bit) and will continue to claim the remainder at court. This is the standard reply to them in these situations.

With regard to the overdraft. If the overdraft consisted only of charges and was incurred by one of their charges then you would be entitled to it refunded in full and they cannot take anything at all from the refund of your charges. However if you incurred the overdraft yourself then you are liable for a portion of it and for the interest on that portion. You need only pay back what you are liable for though and they will take the refund from settlement. You can either let them, for the sake of getting it paid off, or you can challenge it. It is dependant on there being a previous agreement for you to pay at a monthly rate and you having kept that arrangement up to date. See here for more information on this:
http://www.financial-ombudsman.org.uk/publications/ombudsman-news/40/40_setoff.htm
I can advise further on this if you wish but will not for now to keep this post a bit shorter.

With regard to the claim against you. It is best to ring the court and ask about receiving the paperwork for defence as they can advise you immediately. To avoid confusion and, more importantly the stress, dont address the issue of their court claim with Abbey and now let it run its course. Its a new tactic I admit but it is manageable so try and stay calm

With regard to your own claim against them dont worry and again, keep calm. Write the partial acceptance letter and sit back and wait for your case to run its course. They cannot justify their costs in court so it is highly unlikely you will lose your case. They will settle the full amount if you just persist and dont back down to their bullying tactics. It is only a matter of time, best of luck

CHRISSYB09

Hi Twinkly Thank You Very Much For Your Reply Much Apprieciated