Hello All ** WON IN COURT **

[andtroy]

As like many of you I have started proceedings to regain the money from Abbey.

I walked into the branch 6 weeks ago as the charges were just getting to out of hand, (note that it was me the customer that took the initiative not abbey) we made an arrangement and that finishes 26th June (again I agreed to this at the time as like so many other peeps I did not know my rights). At the time the arrangement was made they took my multifunction card and cheque book and denied me access to the bank account on the internet (even though money was being payed in each week) were they allowed to do this?

I have since sent in a letter to Abbey requesting that they refund the charges that they have stung me with, so far this year £390 and had a standered reply back. ( the letter saying that they need to investigate which could take up to four weeks, yeah right )

Since that first letter I have sent a letter in requesting Data Protection Act on the charges made to the account, as I have no way of paying ( although I have said in the letter to take the money from my account ) will they still supply me with the information?

What should I do now wait for Abbey to reply with the Data Protection Act and send that off to abbey where I sent the first letter, or treat them as two seperate cases and pursue the first letter, where I stated that I wanted a refund within 7 days , and that I reserve the right to commence court proceedings.

Regards

Andy

[Don Quioxte]

Originally Posted by andtroy

At the time the arrangement was made they took my multifunction card and cheque book and denied me access to the bank account on the internet (even though money was being payed in each week) were they allowed to do this?

I have since sent in a letter to Abbey requesting that they refund the charges that they have stung me with, so far this year £390 and had a standered reply back. ( the letter saying that they need to investigate which could take up to four weeks, yeah right )

Since that first letter I have sent a letter in requesting Data Protection Act on the charges made to the account, as I have no way of paying ( although I have said in the letter to take the money from my account ) will they still supply me with the information?

What should I do now wait for Abbey to reply with the Data Protection Act and send that off to abbey where I sent the first letter, or treat them as two seperate cases and pursue the first letter, where I stated that I wanted a refund within 7 days , and that I reserve the right to commence court proceedings.

Regards

Andy

the first letter should have stated a request for the £390 within 14 days not 7. But it doesn't much matter, get ready to send the LBA letter - the template is in the library.

Abbey should furnish you with the Data Protection Act and deduct the £10 though if you have insufficient funds then they may write and request the £10 payment by cheque - thus delaying disclosure..

Either way continue with the £390 claim - you can add on additional monies to the claim right up until moneyclaim (filing online) and even subsequent by paying a nominal fee to the court to ammend the particulars of the claim - we will cross this bridge if it gets to that stage.

You need to treat the one account as one claim so do not agree to settle anything outright until you have received full disclosure - i.e accept £390 if they offer but emphasise you will still pursue collection of the remaining monies once disclosure has been made.

They can deny you access to your account online and remove facilities in accordance with their Ts and Cs but there should remain mechanism for you to access account info - such as via receiving statemnts or telephone banking or in the branch.

[andtroy]

Thanks Don for your reply and advice.

Have sent Data Protection Act letters to Abbey and Barclays.

Have downloaded the LBA from the library. Now in my initial letter I wrote that I wanted a full refund in 7 days which you quite rightly corrected to 14, now is this working days or just normal days.

Lastly reading through peeps post thay have like updates at the bottom of there messages. How do I do this.

Regards

Andy

[barracad]

Originally Posted by andtroy

Now in my initial letter I wrote that I wanted a full refund in 7 days which you quite rightly corrected to 14, now is this working days or just normal days.

Calendar days. After all, banks charge us interest at weekends and bank holidays!

Originally Posted by andtroy

Lastly reading through peeps post thay have like updates at the bottom of there messages. How do I do this.

Click on 'User CP' towards the top of the forum, and you will find the option to 'Edit signature' - type your text in there.

[alanfromderby]

Go to "User CP" top left - then Edit Signature.

[andtroy]

Thanks Barracad

It means I'll be able to send the LBA letter sooner and adjust my diary from counting it in working days to calender days

Andy

[simonetalbot]

Just to let you know, I have been waiting for Abbey to send my statements since 20th March! I have started court proceedings against them on Friday to get them to disclose this information. They have taken my £10 but only given me less than a third of the statements! In my experience Abbey will try to stall you at every opportunity - stick to your guns and be prepared to take them to court!
Good luck

[andtroy]

Hi All

I have been trying to open a parachute account but because of the default notice put on by shabbey not really able to have tried smile but they rejected me and also lloyds but the they only offered a basic cash card account, so any ideas anyone on who I could approach.

I am of this thursday going to send my LBA letter to "non-fabbey" (from library) and that request that they remove the default notice. As you are all probably aware this could take a while so was wondering what to do in the meantime.

Also went into court then other day to pick all the forms that I will need just in case.

Any thoughts would be welcome.

Cheers

Andy

[fergal71]

hi andy NatWest step account fill in online dont do credit check good luck...

[andtroy]

Hi

Thanks fergal have done that today, agreed in priciple so we wait and see.

Preparing LBA now for SHabbey, got to sit down and work out the interest lol.

Oh well be worth it in the end.

Andy

[andtroy]

LBA letter

Well below is a copy of my LBA letter any comments would be very helpful I think I have covered everythig.

PHP Code:

I am very disappointed that you have failed to respond to my letter of 
the 1st June 2006
I now understand that the regime of 'fees' which you have been applying 
to my account in relation to direct debit refusals, exceeding overdraft
limits and so forth are unlawful at Common Law, Statute
and recent Consumer regulations.
 
I would draw your attention to the terms of the contract which 
you agreed to at the time that I opened my account. It is an 
implied term of that contract that you would conduct yourselves
lawfully and in a manner which complies with UK law.
 
I am frankly shocked that you have operated my account in this 
way as I had always reposed confidence in your integrity and
expertise as my fiduciary.
 
I calculate that you have taken £xxx plus £xxx which I will 
charge in interest to you as advised in Her Majesty’s Courts 
Service leaflet Ex304. Total £xxx
I am enclosing a copy of the schedule of the charges which
I am claiming, updated from my previous letter.
 
Please be also aware that on the 9th June I have requested
information under Section 7(1) of the Data Protection Act 1998 
relating to charges to this account. Once I am in possession of 
that information I will be issueing a further claim.
 
Additionally you have entered a default notice against my credit
record. This default occurred merely in respect of unlawful charges
levied by you or was the result of impecuniosity caused directly by
the taking by you of penalty charges which you had applied unlawfully
to my account.
 
In addition to full payment of the sum mentioned 
above I require thatyou remove the default
entry from the register. 
Please note that mere correction or 
amendment to the entry will not be acceptable. 
 
I require repayment in full of this money and removal of the default 
notice. If you do not comply fully within 14 days then I shall begin 
a claim against you for the full amount plus interest plus a claim
under ss.7 and 13 of the Data Protection Act 1998 plus my costs
and without further notice.
 
Furthermore, I shall submit a Consumer Credit Act 1974 complaint 
to the OFT upon the basis that you have failed to comply with 
the OFT's direction of 5 April 2006 and are therefore not a 
'fit and proper person' to hold a consumer credit licence 
under the 1974 Act. If you do not understand what this
means then seek advice from your legal department. 


Thanks for taking the time to read. Off to bed now have had enough.

Andy

[Zannie]

Originally Posted by andtroy

Hi All

I have been trying to open a parachute account but because of the default notice put on by shabbey not really able to have tried smile but they rejected me and also lloyds but the they only offered a basic cash card account, so any ideas anyone on who I could approach.

I am of this thursday going to send my LBA letter to "non-fabbey" (from library) and that request that they remove the default notice. As you are all probably aware this could take a while so was wondering what to do in the meantime.

Also went into court then other day to pick all the forms that I will need just in case.

Any thoughts would be welcome.

Cheers

Andy

hi I have just opened an account with first plus and my creidt rating is on the floor because of shabby they let me know within 2 days you can apply on line. Good luck

[andtroy]

Hi

Just had a reply from SHabbey saying usual stuff that oft ruling was in relation to credit cards blah blah blah.

That SHabbeys charges are fair etc anyway you get the drift just another run of the mill unoriginal load of claptrap. Strange I seem to think I read this letter loads of times somewhere before. lol

oh well the LBA is ready posting it today recorded.

[Don Quioxte]

Originally Posted by andtroy

Furthermore, I shall submit a Consumer Credit Act 1974 complaint
to the OFT upon the basis that you have failed to comply with
the OFT's direction of 5 April 2006 and are therefore not a
'fit and proper person' to hold a consumer credit licence
under the 1974 Act. If you do not understand what this
means then seek advice from your legal department.

I have cautioned people before about using this paragraph or tact - in that the OFT does not determine whether the Bank is a fit and proper person to hold a consumer credit licence - the FSA does. Further, the report issued by the OFT was NOT a direction to the bank. It was an indication of their opinion, and at best a recommendation to the Bank to consider their position. Only the FSA can issue "direction" in it's capacity as the industry regulator. It is also bordering on inflammatory to suggest that the Bank seek advice from their legal department. We are lay people remember - let's not aggravate the Bank, their employees, or their seven-figure salaried in-house legal teams (who are far more competent in matters of litigation than we will ever be) without good reason.

The rest of the LBA is fine. Good even. It does what it says on the tin - and is your final approach letter prior to initiating legal action. Nothing more. Nothing less.

[andtroy]

Hi Don

Firstly thanks for reading my LBA.

Your advice on the last paragraph has confused me somewhat as it's the letter thats in the library so I just copied it word for word basically tinkering it here and there to fit my own situation. I was not aware that you had warned people before about that paticular paragraph. I was aware of the footnote at the bottom of the letter. I't's sent now so hopefully thay won't make to much of it.
Sorry about that as I mentioned earlier was not aware of this.

Yes this is the final stage before I go to the court and fill out out the N1 forms (which I already have in my possesion )

[Don Quioxte]

absolutely. There is nothing wrong with it.. it is just my own personal preference.. I shall discuss with the other moderators about alterations to the generic template - but as I say this is just my own personal take - that is why it is a template!