desperate Advice please.

[Wraith]

Hi
I made claim to my bank (Abbey) to refund bank charges, I recieved a letter dated 23rd July 2007 which promised to resolve the complaint quickly and write back within four weeks to let me know what was happening, but since the announcement of the current of bank charges review have failed to make further contact with me.
My finances are in a right mess and I dont know where to turn.
I started up my own business 2 years ago which is struggling, I am unable to pay my income tax bill/VAT which is already overdue and incurred several fines, I am in arrears with my mortgage and car loan CCJ, and utility bills, Abbey have added more Financial problems with deciding to withdraw my overdraft which is £2500 and threatening to close my account. I have 3 children who are dependent on me, Abbey owe me £8049.90 in bank charges, that money would help my financial situation but I can not afford the £250 court costs. I have 3 children who are dependent on me. I have written to Ombudsman still waiting for a reply.
I would be grateful for any advice.
Wraith

[TUTTSI]

I know it is bad that Abbey do not deal with their correspondence, but I learned one thing from this site is that YOU have to stick to your time table. I take it you have writtent the pre-lim letter and had no response. I would recomend that you write the 14 day letter before action and then if no response you should then commence legal proceedings. I do not think you will at this stage get you claim settled any quicker, but IMHO, you will be in the queue once the OFT test case is settled. Abbey have never settled before anyone ever taking out a court claim.

My claim against Abbey has been on going since last April / May and mine has now been stayed by the courts because of the test case, although I have applied for the stay to be lifted on the grounds that they took charges from benefits and that we are also having a hard time at present. I am not sure that I will succeed with the lift of the stay but you never know. I have just been offered a telephone conference with the Judge but I have decided I want a hearing in person.

Good luck and keep us informed of your progress.
Ds

[zootscoot]

You should write to Abbey and state that you feel that you're suffering from hardship and point out that they therefore have a duty to still process your claim under the waiver conditions. If they fail to do so report them to the FSA.

[TUTTSI]

I wrote to Abbey on 13th September advising them that they had taken my benefits and they have not even given me the coutesy of a reply.

I will write a letter to the FSA complaining as well as I had also sent my details to CAG as they I believe were doing a formal complaint on behalf of CAG. Abbey would of by now also received from the courts my application for the stay to be lifted and they would now be well aware of my full circumstances.

DS