Travesty vs abbey

[Travesty]

Hi folks.
I recently started my claim of with abbey over charges.However, I had to go away for work for a week and a bit so came back on monday to find 2 letters from abbey.
First dated 19 july acknowledges the reiept of my claim and goes on to explain some reccomendations from the fsa and includes an fsa factsheet on unfair bank charges.
The second which is dated as 30th july is a default notice for the account.
Should I just proceed with sending the secondary letter in regards to the charges? And is there anything I can do concerning the default notice as it was filed after I had instigated my claim?
Any help much appreciated.

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[sea-sidelady]

The first letter sounds like the standard letter they send out.

As for the second letter, the can't default you as your account is in dispute.

Send them this letter..

ACCOUNT NUMBER: XXXXXXX
Dear Sirs
Re: Account in dispute
I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.
I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account. I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.
The current Banking Code (Section 13.6) states: We may give information to Credit Reference Agencies about the personal debts you owe us if:
You have fallen behind with your payments,
The amount owed is not in dispute; and
You have not made proposals we are satisfied with for repaying your debt, following our formal demand.
I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive This includes ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.
I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

Yours sincerely,

	The Banking Code Follow this link to read the Banking Code in full. Ofen ignored by its subscribers, half-heartedly monitored and poorly enforced

	Disputed account materials Follow this link to our library of materials to help you try to deal with the problems of defaults on disputed accounts. It is contrary to Information Commissioner guidelines and also contrary to the banking code to default disputed accounts. However, it happens all the time.

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	Credit Report Click link to open in new window.

[Travesty]

Thanks Lady

[sea-sidelady]

Your welcome.

[Travesty]

Sent the letter above concerning the default. Got another letter this morn asking for me to go pay the full amount owed off over the counter at my local abbey and that I do not ignore the letter. I take it I can ignore it?

[Travesty]

Since sending the follow up letter I've had one mre letter asking me to go and pay the outstanding balance off over the counter at my local abbey and had a text from them asking me to phone them on an urgent matter.
Do I still just wait?
Thanks

[Travesty]

Since sending the follow up letter I've had a letter asking me to pay any oustanding overdraft off over the counter at my local abbey and a text asking me to phone them on an urgent matter. Do I still just wait?
Thanks Sam

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[Travesty]

Bump

[Travesty]

Update. After having a few problems, court failing to send out n1 forms twice :-s, I'm finaly ready to go ahead with the final step. Just been looking at the info to include on the n1 form, do I have to include everything in the post? I tried to copy nd paste onto the pdf included but couldn't get it all onto the back of the form. Help apreciated as always

[Travesty]

Anybody?

[**Tilly**]

Hi

You will need 3 copies of everything

3 copies of n1
3 copies poc
3 copies schedule of charges

if you have run out of room you can use an extra page

[sea-sidelady]

Originally Posted by Travesty

Since sending the follow up letter I've had a letter asking me to pay any oustanding overdraft off over the counter at my local abbey and a text asking me to phone them on an urgent matter. Do I still just wait?
Thanks Sam

I'm just wondering if you did anything about this. When you get your charges back, it will clear the overdraft off then. You don't need to contact them over this. If they carry on contacting you, send the harassment letter.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[Travesty]

Thanks for the replies Bloody demon leading me a merry dance so I've not been able to get much done claim wise.
Heres an update anyway.
Abbey's in house credit people kept pestering me with letters, almost identical letters for a month. Don't think I even bothered to open the last couple. They then tried the default thing for the second time so I sent another copy of the do not default me as the account is in dispute letter.
Along witht this I sent them a latter offering to accept a lower payment. I heard back from their credit people on the 10th of nov, the letter just said 'Thanks you for your recent letter.In order for me to help plase telephone your account manager on ...within 7 days to talk about your situation.'
As I was unsure as to which letter they were refering, I gave them aa call. Aparently all they wanted was to ask me if I wanted to make a payment over the phone. I said no the account is in dispute. They said that after a while they'll send the account back to abbey who will then send it to an outside dca. I said thanks, bye. Theres 4 days left on the reduced payment thingy i sent. Although I don't expect to hear anything.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

	Disputed account materials Follow this link to our library of materials to help you try to deal with the problems of defaults on disputed accounts. It is contrary to Information Commissioner guidelines and also contrary to the banking code to default disputed accounts. However, it happens all the time.

[Travesty]

Update.
Abbey have now stopped contacting me other than by sending the occasional statment. Since my claim started they have added a further £130 in charges to the account.
My question is that with all the delays that have occured during my claim and with the extra charges that they have added, is it worth my while to start my claim over?
Or do I just carry on even though some of the dates have been overshot and make a further claim for any additional charges added once the original claim has been settled?
Thanks for any replies
Edit: I contacted my local county court to see if they could advise me at all in regards to the matter and they told me that as the cases were being stayed and that all I had done so far was give preliminary warning concerning action that there should be bno problem with my contibueing with the clsim as is.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[sea-sidelady]

Sorry your thread has been quiet. I have been offline for a few weeks.

You handled the phone call perfectly. If they call again, just tell them, any thing they want from now HAS to be sent by post, and hang up.
Don't start over, carry on with your claim. Amend the spread sheet, add all new charges.

Have you filed it at court yet?

	Record your calls Follow this link to read the review of the Truecall telephone recorder and call manager. This is the Rolls Royce of call recorders. It's a bit pricey but if you buy it with our special offer you will get it at cost: about 20% discount. How much do we make on the deal? - Nothing at all. You can also buy cheaper devices from Maplins. Truecall is the best - but the important thing is to record your calls.

[Travesty]

No worries, thanks for the reply!
Not yet no. I'm at that stage now, is it posible to just add the extra charges when filling in the n1 without letting abbey know that the claim will be for a larger amount?

[sea-sidelady]

Fill in your N1 with all the new charges, make 3 copies of everything, the court will send 1 copy to Abbey. You don't need to tell them anything.

If you need any help filling it in, just ask.

[Travesty]

Thank you!