Partial succes against abbey

[mollymalone]

Hi everyone,
I have been following all the fantastic work you guys have been doing on this site for some time but have not posted before.
I have an os claim against abbey for£4979 charges plus interest( and have also been incurring charges since). My claim is currently stayed in the court system.(since July 2007)
Thanks to all the fab info on this site i decided to claim under the hardship criteria ( drop in hubbys income , behind on coucil tax and water rates, etc etc).
I complained by phone om 18/05/09 when they sent me an i&e sheet which i sent back straight away. I have been ringing every week to check progress ( the 8 weeks was up this monday).
I finally received a call yesterday from a lady at Ashurst solicitors saying thay have agreed to pay me £800( which is great as i will be able to clear the arrears on my council tax and water rates). I have not yet received this in writing.
Without wanting to sound ungrateful i was hoping it would be abit more???
I guess my question is what should i do? I understand under the terms of the waiver the rest of my claim will be dealt with at the end of the testcase(whenever that may be)
Should i ask for anymore? for charges to be stopped? or just take the money and run!!!!!
Any help would be greatly apprecited.
By the way I think you guys are doing a fantastic job.
Many thanks.xxxx

[natweststaffmember]

Re: Partial succes against abbey

Will the amount clear you arrears?
I am intrigued by Ashurst solicitors bit though, are they Abbey Solicitors and why are they getting involved?

[TUTTSI]

Re: Partial succes against abbey

Hi Molly,

Extremely well done for getting this far, at least the £800 will clear some of your debts like council tax and I am not surprised that you would have liked more.

The FSA rules on the current waiver only states that they have to be sympathetic, so they only have to pay the bear minimum to get you out of trouble. If your situation changes, I guess that you could re-apply, as there is nothing in the rules that state you can only apply once.

I to am inquisitive as to Ashusrt Sols? I wonder if they have a new section dealing with these hardship claims.

The balance of your claim should be payable once the test case is finalised. They should not be asking for you to accept this in full and and final.

If we can assist with anything else please ask.

Tuttsi x

[mollymalone]

Re: Partial succes against abbey

Yes the amount will clear my arrears( which is brill).
I ended up with the telephone number for Ashurst solicitors after phoning abbey complaints dept (weekly chase up call), there was some confusion who was dealing with my hardship claim as they said it was in the hands of the solicitors because my claim had gone to court???!!!!
I have rung the solitors on several occassions and more than once have been asked "which bank is your complaint with???
BTW NWSM thanks for all your help and advice.:beagle:
------------------------------- merged -------------------------------
Thanks Tuttsi,
I maybe being a bit dim here. Where is the button to thank people for posts?
Thanks
Molly.

[Amethyst]

Re: Partial succes against abbey

Should be under each post to the right

thus >>>>>>>>>>>>>>>>

Well done on sticking it out and getting the offer

[TUTTSI]

Re: Partial succes against abbey

Yes the amount will clear my arrears( which is brill).
I ended up with the telephone number for Ashurst solicitors after phoning abbey complaints dept (weekly chase up call), there was some confusion who was dealing with my hardship claim as they said it was in the hands of the solicitors because my claim had gone to court???!!!!
I have rung the solitors on several occassions and more than once have been asked "which bank is your complaint with???
BTW NWSM thanks for all your help and advice.:beagle:
------------------------------- merged -------------------------------
Thanks Tuttsi,
I maybe being a bit dim here. Where is the button to thank people for posts?
Thanks
Molly.

The thanks button on the bottom right of the post...

[natweststaffmember]

Re: Partial succes against abbey

Just call me fantastic on the thread and I am easy with that

[mollymalone]

Re: Partial succes against abbey

You are all fantastic. If it were not for all your help and advice people like me would not know so much about what is going on. I would never have dared to complain and get that £800 without all the info on this site. A big thank-you to all of you!!!!!!

Unfortunately the thanks button does not appear at bottom right of any posts that i read?????? Only have the quote button, multi-quote button and quick reply to this message button?????? Am i doing something wrong?
Molly.xxx

[TUTTSI]

Re: Partial succes against abbey

Molly

The Thanks button is only on posts that other peeps have posted - not your posts where the thanks button will not be there.

or it could also be that you need to adjust your screen slightly as the button may be just off your screen. It is the very next button after the quick reply button.

Hope that helps

Tuttsi

[mollymalone]

Re: Partial succes against abbey

Hi all,
I have had an offer in writing today from Abbey.

"we refer to your fd claim which we have reviewed positively and sympathetically. We can confirm that we have accepted your claim of fd and propose......
An audit of your account has shown that you have had £4499 in previously un-refunded unauthorised od charges in the last 6 yrs. Having examined the level of your priority debts you owe , we propose to make payment to you in the sum of £807.00( the settlement amount).
Payment would be on the basis that Abbey accepts no liabilty and that your rights under the fsa waiver are reserved.
This means, that should the abbey eventually lose the test case, and if you feel there is a shortfall between the settlement amount and the sum you believe you are entitled to, you can continue your claim in the court to try and recover the difference."

they then go onto say od charges are entirly legitimate blah blah blah etc.
"please let us know by return whther you are willing to settle your claims as set out above."

It does also say"Without predjudice" at top.

Couple of questions?
Do i need to write without prejudice on my acceptance letter?
Also I disagree withthe amount if charges they have quoted. ( My claim is 2002-2005=£4979) and i know i have incurred charges since ( not sure of exact amount). Should i point this out in my reply?
Have i missed anything or is there anything else i should consider?
Any thoughts?
Many thanks in advance( still have no thanks buttons on any posts?????)
Molly.xx

[TUTTSI]

Re: Partial succes against abbey

Hi Molly

Firstly, have you tried adjusting at the bottom of your screen there is a left and a right arrow if you slide the arrow to the right you should find this Thanks button. I am sure you have a thanks button the same as anyone else.

With Abbey and their comments, I would have thought that if they lost the Test Case all claims made during the FSA waiver should be registered and paid out automatically. But if they are saying differently they may well be right, but I will let others comment further on this aspect.

No, IMHO I do not think you need put 'Without Prejudice' but see what others say!

Have you completed a spready of charges and did you send it to them?
Did you use 8% statutory interest?
I would send them your spready with interest - could the difference be the interest?
If you cannot find the difference ask them to advise why theirs is different to yours, you may have included a charge that is not refundable, just a thought.


Tuttsi

[mollymalone]

Re: Partial succes against abbey

PS I have found the thanks button:rofl:
( Can you tell?)
Molly.xxx