overdraft problem...

[kjduct]

Hi all
I have four accounts with shaby and my wife and I are clainming on all four, but one account has an overdraft of £400 and abbey are sending it to a debt collector....
We are thinking of writing a letter explaining that while we are going through with these claims (over £5000!) we are not willing to pay this back until these are resolved...??

Im not to sure this a good idea so any help and advice would be great!!
cheers

[dizzy delilah]

Don't take this as gospel, but I don't think they can do that if your account is in dispute. On the other hand, if they can - I'll be getting letters too... for my £900 o/d. You won't be alone!!

[andypal]

Originally Posted by kjduct

Im not to sure this a good idea so any help and advice would be great!!
cheers

Hi! Have you started the process of claiming? If yes send them something like this.

Dear xxxxxxx
ACCOUNT NUMBERxxxxxxx

As you should be aware, I have recently disputed the balance of my current account on the grounds of unfair and unlawful penalty charges which have been levied against me.

As this account is in dispute, I have stopped payments going in or out of them until the issue is resolved although as a gesture of goodwill I will make a monthly payment of £xx starting xxxxxxx. Section 13.6 of the Banking Code clearly states that you may only pass details of my debts to the credit reference agencies if the debts are not in dispute. As previously stated, I have disputed these debts in writing, and the letters were received by you on xxxxxxxxxx.

I would also like to mention that I am both shocked and appalled by the fact that you have decided to impose more unlawful charges on my account when it is in dispute.

I would like to remind you 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. I would also point out that Section 13.6 of the Banking Code clearly states that you may only pass details of my debts to the credit reference agencies if the debts are not in dispute. I hope to receive your full co-operation in this matter and would like to request a written response to that effect.


I would therefore be grateful if you would stop any charges on my accounts until my dispute is fully resolved, at which point I will pay off any outstanding balance. If you persist in imposing any further punitive charges on these accounts, they will be included in the amount I am claiming from you, and I will be forced to seek a court injunction to prevent you from taking any further action. I would also like you to take note that I will only correspond with you on these matters in writing.


Yours faithfully,


Hope you might find this useful

Andy

[kjduct]

cheers for the replys!

I think I will go with that letter after all they can say is no!
nice one!!


where would we all be without this site and the great people here to help us out, look forward to donating on each of our 4 claims!!

[andypal]

Not ah problem! Even I do ask for help as well . All the best

Andy

[galamags]

I have an o/d for £4800 & they have told me they are not renewing the o/d after 1st July. I refuse to pay anything back until they have settled my costs claim. Would I be right in thinking they can't do very much about that

[dizzy delilah]

I cancelled all my d/d's and s/o's today. Wages are now being paid to parachute account. I was just going to pay a small amount in (to show willing) until my claim is settled. I don't know when my o/d is renewed, so I'll be expecting that letter soon no doubt....

[kjduct]

we are posting above letter tomorrow, I will let you know what is said......
in about 3 months as per with abbey

[kjduct]

well we sent the leter suggested in this thread, and its been two weeks and nothing from abbey either acknowledging our letter or them demanding the overdraft back so dont know if its good news or bad news.....

but we got a settlement letter offering £375 when our claim is for £3800....
we have rung and told them we do not accept this but they are saying they are giving it to us without predjudice.....

any one care to help with what we should do take money or will this affect our claim at court?? or anyone has this happen??

cheers as always

[mariejader]

any one care to help with what we should do take money or will this affect our claim at court?? or anyone has this happen??

You will need to write to Abbey and reject the offer there are five or six letters in the link below chose the one that best suits your claim,

Don't worry it's standard practice for Abbey to make an silly offer, sometimes they will pay it into your account other times they won't so again don't worry.

As long as you send the letter saying you accept as part payment you will be fine

Rejecting Offers

[kjduct]

once again many thanks!!
I will use the template relevant to our case and then finally get court dates for our 1st of 4 claims against abbey...

cheers

[kjduct]

Hi all,
just another quick question....

has anyone put in any letters to abbey that they are open to offers on there settlement??

it would settle an arguement wiyth the missus!!

she thinks it looks amatuerish and you wont follow through with court action....

I think it might make abbey thnik they could save a few quid and offer enough to make you stop court action...

so come give me the bad news!!

[Lula]

In the start off, you are asking for your money back, at this stage, the most that they will offer is about 10%, dont bother trying to negotiate after that, it looks like desperation and they wont answer you anyway lol. The generally have stopped talking to people until a court date is issued.

Hope this is helpful

[chrisking1962]

firstly, andypal,
I've been looking all over for this letter and boy oh boy did I find it at the right time. thankyou for that.
kjduct, don't try and negotiate as they will have you by the doobies and will probably squeeze so hard you'll have to give in.
Remember what could you have done with the money at the time if they had'nt taken it? that direct debit / standing order for £2 which put you 2pence o/d and was returned at a cost of £20-35 (depending on bank) and STILL had to be paid so that £12 cost you £32-47 later because they took the money you did'nt have when they could have paid it and just charged you a couple of quid extra!!!!
add that all up by however many you were charged for and in more cases than before thats a good family holiday AND if they had'nt charged so many times thats a better outlook on your credit scoring!!!! You could get that mortgage at the TYPICAL rate NOT as I have endured and had to get a mortgage at a higher rate due to past credit history and in the future it may help more people realise that their not alone in their fight for equality. Shame on the banks.
hope you succeed but DON'T barter with them you will end up losing, remember it's YOUR money they are saving for a rainy day, and with the weather recently it looks like more rain on it's way so get your brolley out.
Let your other half know that it's the best thing and things don't happen overnight.
My missus was the same but she's got the bit between her teeth and as they say you've got to speculate to accumulate. Think of the money they owe you and get it back.
Regards
chris