ABBEY Post claim/judgement ABUSE!

[johans]

Despite not turning up for the court hearing and subsequent judgement in favour of claimant, it still took shABBEY, nearly 4 weeks to credit the account - not before deducting the, " unauthorised overdraft" amount ( which only became unauthorised and duly DEFAULTED after our formal request for repayment of, " unathorised", penalty charges)

A certain irony in that, shABBEY defended their default by stating that the, penalty charges had no relationship to the default, claiming the occasional exceeding of the agreed overdraft limit had alone caused the default, while refusing to acknowledge that the continuous addition of monthly charges, sometimes £200 plus, had actually caused the overdraft to be exceeded on every breach!

But then to automatically deduct the overdraft before crediting the account with the balance of the award, proves surely a direct relationship and therefore a default is totally out of order!

Not withstanding all this, shABBEY has continued to apply charges to the very same account ( everyone being for unauthorised overdraft ) during the 6 months from start to judgement and post judgement. surely this is contempt for the court`s judgement?

I have sent off a letter highlighting the above and await their response! whats the betting they reply quoting the current situation with the OFT case and the staying of new claims?

[johans]

has anybody else suffered this contempt for the court judgement from shABBEY? and if so how did they respond to your subsequent claim for the return of the penalty charges added while the account was in dispute and subject to court procedings?

I thought that the continued processing of a default notice while an account was in dispute constituted a breach of Section 13.6 of the banking code and also it is in breach of Section 14 of the Data Protection Act!

or are we the only ones?

[Lula]

Johans, I totally agree with you, you should file a new claim for the return of the amounts taken whilst you were claiming and you should have as part of your POC's the removal of the default, I am afraid that this is the only way that you can have this removed, failing that , file separate claims, one for the unlawful charges and one for the removal of the default, this is the only way realistically that you can have the default removed without having to wait for the OFT case, but STILL file you claim for the remaining charges, whilst it will get stayed, you will still have it on record.

This is what I did in my second case against abbey, although I didnt have a default registered.

Hope this helps

[johans]

thanks lula,

received abbey`s fob off on saturday, they refuse to acknowledge a link. i cannot believe their arrogance and i am mad!

apart from the original action to reclaim through the court, i have yet to make a formal complaint especially as we had to go to court only for them not to turn up, an abuse of the court process if ever!

surely , the processing of a Default Notice while the account is in dispute is a breach of section 13.6 of the banking code and in breach of section 14 of the Data Protection Act! Especially as the entire amount of the default figure was made up of unlawful penalty charges according to our judgement!has anybody gone down this road as a follow on to judgement?

RE: the current action in the High Court and the staying of new claims, did`nt one court recently order a bank to stop processing a claimants account with any more charges untill the outcome of the above action?
would i be better off going down the road of the FOS, with this one as well as a formal complaint with regards to how shABBEY have conducted themselves throughout!

any advice welcomed!