Penfold v Abbey (for the 4th time FFS!)

[srfrench]

Well I couldn't sit on it any longer. This is going to be (I think) the swansong of my claims with Abbey!

I've already taken them to the Courts 3 times, the first two they settled once I had the Court dates including my costs and interest at the statuary rate of 8%. My third has just been assigned to the Mercantile Courts with a Case Management Hearing booked for the 29th August 2007 and this one includes Compound Contractual Interest.

So without further thingies, here is my prelim letter kicking it all off.

Request for repayment of charges

Dear Sir/Madam,

ACCOUNT NUMBER: 999 666


My request:

This is NOT a complaint and will you kindly not deal with it in such a way.

I am writing to ask you to refund to me the charges, and the resultant interest claim in fairness and balance, which you have unlawfully levied from my account for the period detailed in the attached spreadsheet of charges covering various dates from August 1996 to November 2001.

I understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

Your responsibilities:

I would like to draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.
I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.
Your concealment of the true nature of your charges has prevented me from asserting my right until now.





What I require:

I calculate that you have taken £1351.50 from my account over the said period.


Please find attached to this letter a breakdown of the charges I am claiming which includes reciprocal contractual interest at a rate of 28.7% (your unauthorized overdraft rate). This comes to £20549.22 as of the 12th July 2007 and continues at such a rate until settlement. (£17.22 per day)

The total amount I am claiming from you as of today’s date, (12th March 2007), is £21900.72

You will notice that whilst the Limitations Act 1980 limits claims going back to a maximum 6 years from date of claim this does not apply here as you have deliberately concealed the facts of your true costs.




My targets to resolve this matter:

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.


Yours faithfully,

[ICY]

Oh i would love to see there faces when this drops on someones desk, is there no stopping you lol

[srfrench]

And I certainly WON'T be standing behind them LOL

[ohoh4312]

The total amount I am claiming from you as of today’s date, (12th March 2007), is £21900.72

First off, OMG thats a whopper (madam)! Excellent letter, should really make them s*it themselves.

But I think you have lost a couple of months - shouldn't it say 12th July, not March??

Jo xx

[srfrench]

Borrocks!!

Thanks for pointing out my typo..... amending now before sending off lol

I'm soooooooo ashamed!

[ohoh4312]

Hey, I wasn't trying to make you look silly, but after all the effort you had obviously gone to, to compose that wonderful letter, I didn't want you to make a mistake, that's all.

Should have PM'd you I suppose so the whole world didn't see it :o :o

Sorry, but at least it is sorted now.

Jo xx (crawls back under rock again )

[srfrench]

PMSL Jo. No need to hide I have a history through all my claims of totally bogging my Pre-Lim letter, either dates are wrong, amounts initially wrong (under-estimated), or really dad grammer.

Deetermined this time it is as close to "spot-on" as possible.

So....revised letter that is NOW going to be sent off:

12th July 2007

Request for repayment of charges

Dear Sir/Madam,

ACCOUNT NUMBER: 666


My request:

This is NOT a complaint and will you kindly not deal with it in such a way.

I am writing to ask you to refund to me the charges, and the resultant interest claim in fairness and balance, which you have unlawfully levied from my account for the period detailed in the attached spreadsheet of charges covering various dates from August 1996 to November 2001.

I understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

Your responsibilities:

I would like to draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.
I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.
Your concealment of the true nature of your charges has prevented me from asserting my right until now.



What I require:

I calculate that you have taken £1351.50 from my account over the said period.


Please find attached to this letter a breakdown of the charges I am claiming which includes reciprocal contractual interest at a rate of 28.7% (your unauthorized overdraft rate). This comes to £20549.22 as of the 12th July 2007 and continues at such a rate until settlement. (£17.22 per day)

The total amount being claimed from you as of today, 12th July 2007, is £21900.72

You will notice that whilst the Limitations Act 1980 limits claims going back to a maximum 6 years from date of claim this does not apply here as you have deliberately concealed the facts of your true costs. (For reference, please read Section 32. 1(b)(c).)



My targets to resolve this matter:

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.


Yours faithfully,

[ohoh4312]

or really dad grammer.

ROFL!!!!!!!!!!!

--------------------------------------

Yep, spot-on now

except maybe....?

This is probably really nit-picking, but I think you should tell them when the 14 days starts, so that the deadlines are crystal clear?

I will give you 14 days from the date of this letter/from the date of receipt of this letter to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

Just a suggestion, don't mind if you tell me to bog-off; I'm used to it!!

Jo xx

[srfrench]

You see my point now LOL

Yes, that would have been good for clarity as to when the 14 days started, but I'm assuming a base level of intelligence at Abbey insofar as they would be just about competent at working out when it starts. I usually give them an extra 2 days anyway before my LBA.

Thanks anyway and feel free to comment anytime as I still have tons to learn.

[kog]

Wonderful - if more people claimed contractual interest I think the banking system would realy feel the bite.

Good work, I'm proud to see the man/woman on the street kick these big banks where it hurts.

[ohoh4312]

"as I still have tons to learn."

OMG, and I don't??????????????????? My thread was 3 pages long before I even filled in the N1!!!!!!!!!!!!!!!!!!!!!!! !!

I treat them with contempt and as if their base level of intelligence is that of a goldfish - after all, thats what they seem to think of us!!

Best of luck with it - I would really love to be a fly-on-the-wall when that hits them......thinking about it, actually I wouldn't - too much danger of being smothered in the s*?% hitting the fan!!

Best regards

Jo xx

[ICY]

Originally Posted by ohoh4312

Hey, I wasn't trying to make you look silly, but after all the effort you had obviously gone to, to compose that wonderful letter, I didn't want you to make a mistake, that's all.

Should have PM'd you I suppose so the whole world didn't see it

Sorry, but at least it is sorted now.

Jo xx (crawls back under rock again )

You and that flipping rock, are your knees not hurting from all that crawling , lol (only joking love so please dont hide again hehehehe)

[srfrench]

I bet ohoh's really skinny with all this rock pressing down on her..... 6 ft wide and 1 inch depth!!! :o

[ohoh4312]

Ha de bloomin' Ha!!!!

Thats where I have been going wrong all these years - sod the diet, just lie under a rock = instant size zero

But, while I may not be able to fit into Poshs' clothes (eewwkk who'd want to?), I can assure you that I am NOT 6 foot wide!

Jo xx

[srfrench]

PS........ stop insulting the Goldfish. shAbbey, if they were fish, haven't even the intelligence to breath underwater.