Barbara -V- Abbey

[bamellor]

Hi,

Another victim of shAbbey here! Having had an account with them since 1999 their new policy on charges has meant that I've accumulated a £1600 overdraft (at the time of typing). They've cancelled my debit card and cheque book, so I've been forced to move my account to another bank, meaning they won't accept a repayment plan unless its £100 a month minimum, which I cannot afford.

I don't have all my statements relating to the last 5 years or so, so I filled a Data Protection Act request letter (25/05/2006). Like everyone I've been fobbed off with the microfiche arguement, and after a second letter reminding them the clock was ticking they fobbed me off again saying my complaint would be dealt with in the next 6 weeks. Now the 40 days is well and truly up, so I am using the template from the resource library to give them another reminder (it will be sent recorded delivery tomorrow).

However Abbey have sent another letter threating to get a debt collections agency in, if I don't make a payment to bring my account level below the agreed overdraft level. My daughter has offered to pay the balance off in full as we don't want the situation resulting in a default notice being lodged but I'm unsure. So my question is, has anyone else repaid their full overdraft to Abbey and then claimed the charges back? (I estimate that after I should be able to recover at least £1000 back) or is it best to just pay enough to shut them up and bring it within the agreed limit?

[lisamellor]

hi barbera,

welcome to the forum, i have to be honest and say that i wouldnt like to give advice that is not good, so i wont. but im sure someone (with more experience than i ) will see your post and help you. if not then pm a mod.

good luck lisaxx

[maverik1979]

Originally Posted by bamellor

Hi,

Another victim of shAbbey here! Having had an account with them since 1999 their new policy on charges has meant that I've accumulated a £1600 overdraft (at the time of typing). They've cancelled my debit card and cheque book, so I've been forced to move my account to another bank, meaning they won't accept a repayment plan unless its £100 a month minimum, which I cannot afford.

I don't have all my statements relating to the last 5 years or so, so I filled a Data Protection Act request letter (25/05/2006). Like everyone I've been fobbed off with the microfiche arguement, and after a second letter reminding them the clock was ticking they fobbed me off again saying my complaint would be dealt with in the next 6 weeks. Now the 40 days is well and truly up, so I am using the template from the resource library to give them another reminder (it will be sent recorded delivery tomorrow).

However Abbey have sent another letter threating to get a debt collections agency in, if I don't make a payment to bring my account level below the agreed overdraft level. My daughter has offered to pay the balance off in full as we don't want the situation resulting in a default notice being lodged but I'm unsure. So my question is, has anyone else repaid their full overdraft to Abbey and then claimed the charges back? (I estimate that after I should be able to recover at least £1000 back) or is it best to just pay enough to shut them up and bring it within the agreed limit?

personally if you're daughter is prepared to do that for you , then it would make things much easier for you, for one you will be in the driving seat for reclaiming your charges and you wont have to worry about an external debt collection agency either, the bank wont be able to dissuade you from getting your money back as they would have no hold over you

[Karnevil]

I agree - so long as you are aware this will probably take a good couple of months to get the money back in order to pay her back.

When you pay off the overdraft make sure you take into account any pending charges due to come out, so they dont put you back in the circle of charges again..

[bamellor]

Thank you for all your help! We pestered Abbey about what the account balance was on the day we were paying it off however Abbey have told us to go by the letter they sent so its done as far as we can tell! Now we have the driving seat!

Anyway now for the next battle.

I didn't mention it before but I have been receiving disability living allowance along with income support for the last 7 years. My husband has been retired since 2003 , (he's 69 next week), but all the charges which Abbey have taken have been from my benefits payments. I'm confused as to where I stand with this as I've noticed in another thread that this is not allowed, where is the authority for this? (statue, common law, OFT directive?) I'd like to know this so I can include it on my correspondance to strengthen my arguement, when I finally get to start my action to reclaim charges (as I'm still awaiting compliance with my Data Protection Act request! )

Also it looks like I'm going to have to go to the county court to get my information, as wednesday is the deadline, has anyone had any experience of this? If so any tips, etc?

Thanks in advance,

Barbara

[maverik1979]

Originally Posted by bamellor

Thank you for all your help! We pestered Abbey about what the account balance was on the day we were paying it off however Abbey have told us to go by the letter they sent so its done as far as we can tell! Now we have the driving seat!

Anyway now for the next battle.

I didn't mention it before but I have been receiving disability living allowance along with income support for the last 7 years. My husband has been retired since 2003 , (he's 69 next week), but all the charges which Abbey have taken have been from my benefits payments. I'm confused as to where I stand with this as I've noticed in another thread that this is not allowed, where is the authority for this? (statue, common law, OFT directive?) I'd like to know this so I can include it on my correspondance to strengthen my arguement, when I finally get to start my action to reclaim charges (as I'm still awaiting compliance with my Data Protection Act request! )

Also it looks like I'm going to have to go to the county court to get my information, as wednesday is the deadline, has anyone had any experience of this? If so any tips, etc?

Thanks in advance,

Barbara

regarding your Data Protection Act request, i would say that you are better off actually giving them a ring first, before going to court, as someone has recently been able to sort it all out over the phone

as for the looting of you benefits, i would suggest contacting the i/revenue, or whomever it is that pays you and ask them exactly where you stand regarding the bank taking it, failing that your local C.A.B. may be able to help

[Karnevil]

barbara
regarding the bank taking benefits from your account - there is a legal minimum you are allowed to live on - there is also a way you can ask for the bank not to take certain funds from your account - I dont know very much about it apart from what I have read on here - do a search on appropriation and you should find some info that may be of help.
The banks don't generally distinguish where the money in your account has come from before removing it to pay their charges.
Hope that helps a little bit.