Noobrider V Abbey ***SETTLED IN FULL***

[noobrider]

LOL, thanks Karne....PS...do you actually sleep at all?????

[Karnevil]

hey I had an early night last night LOL

[noobrider]

i've no excuse, I had to start work at 8am. LOL Bet your not up so early the day after your cheque clears.....

[noobrider]

ok got a long winded reply from Mizzz speed...essentially it says you got all the stuuf your entitled to under the Data Protection Act, repeat stuff about microfiche yadda yadda yadda...then "as advised we won't proceed with your request for a list of charges from 2000 and will return your cheque" finally rounding off with I carried out a full investigation and I gave a fair responce...keep your file open for 8 weeks yadda yadda yadda...

i did notice that the reference they quote starts DPARES2/ which seems to smatter of a set plan...ie Data Protection Act resolution letter 2...from our list of standard letters set up for this very purpose....still has spelling mistakes though...

I'm gonna go with the new LBA to force their hand...

[Karnevil]

LBA seems good - I got my statements after my second LBA.... I was putting off claiming

[noobrider]

had a major problem...pc crashed as hard drive got corrupted had to reinstal windows so lost all my spreadsheets all my letters everything...good news is that Monument made me a 50% offer and i didn'teven ask them for any money just sent a Data Protection Act request...i think they got confused lol

[noobrider]

just received a letter from Equidebt limited this morning that I had to sign for. it seems that abbey are using a debt collection agency to recover the outstanding balance on my account. £559.32. I have sent the prelim letter to them for this account asking for £4995.00 .... do I write to the DCA to tell them the amount is in dispute so go away.?

[Karnevil]

yep .

[noobrider]

OK been chased by Equidebt by phone twice and by letter twice. Basically I wrote by email to advised them to get lost...didn't work.. eventually I lost my rag and rang their freephone number to complain...poor frightened rabbit at the other end of the phone had no idea what to say when I quoted section 10 Data Protection Act...wireless telegraphy act etc etc...anyways they wanted me to send proof I was in correspondence with Abbey and I got him to agree to sending out a freepost envelope lol and I would send copies of my letter.

[noobrider]

Kind of gave me a kick start to get all the letters out too so LBA issued to ABBEY for joint account...prelim issued for single account...I was going to wait for one to be settled before I start the other but figured what the hey...one in my name one in my wifes...get them both going...

[philread1]

Hello noobrider

My thoughts exactly!!!!! I was thinking exactly the same, I could'nt stand the wait to get going with my own a/c as well, though!!!!

All the Best!
Phil

[noobrider]

Just received 2 letters today. The first is a list of transactions for the single account..although they clearly stated they could not provided these due to the microfiche argument and I also refused them the right to use my cheque for a statement request...It's just a list of transactions since the opening of the account...another £600 of charges to add to the claim.... The second letter is for the same account and requesting I return the chequebook and cards... They can't do that if it's in dispute can they?

[jonni2bad]

Yes, they can - they just can't take any action to recover the funds in question.

If you really want to then you could press for an injunction to ask the court to stop them. This would have to be done quickly and there is no guarantee that it would work - to a degree it would also depend upon the way you have run your account.

[noobrider]

Suprisingly received a letter today from Abbey. here it is in full. It's alittle different to most.

Dear Noobrider

Thank you for your letter dated 10/8/06 (prelim) about your bank charges. Iam sorry you feel these are unlawful at common law and statute and contravene the unfair terms in comsumer contracts regulations 1999.

Having carried out a full investigation, I can assure you the charges do not contravene those regulations and therefore i cannot agree to refund all of them. However, as a gesture of goodwill, I am happy to offer a refund of £70. (I'm claiming £4992)

Your account is with our debt management department and therefore the cheque for the £70 has been forwarded to them in order to reduce the remaining balance on your account. However for longer-term financial help or advice, please call 0845 603 9035 and we'll be happy to help.

The regulations say we must explain our charges in plain language and that we have to act in good faith, which, according to the office of fair trading, means dealing fairly and openly with customers.

I therefore reviewed the literature and information you received when you opened your account. including the terms and conditions. This explains that charges will be applied if you do not keep to the terms of the account. Because of this, I believe we have been fair and open in telling you about them. The charges were correct because you did not have enough money in your account to cover payments requested from it. When I looked at the history for your account I found that, unfortunately, this was not the first time this has happened.

You have requested removal of a default notice against your credit record. Any information registered with credit references agencies is a true and factual reflection of the situation of your account. We are required by the information commissioner to register and share information on how customers run their accounts. Because of this, we are unable to remove or alter the information that is held. However, when the outstanding balance is paid in full, although the default will remain, it will then be marked as satisfied.

I am confident that I have been fair and have taken into account all the points you made in your letter. I have enclosed a leaflet about the Financial Ombudsman Service, in case you are not happy with my investigation or decision. If so, you should contact them within six months of the date of this letter, enclosing a copy of it, as they would need this for their investigation.

Farzana Iqbal
Senior Customer Resolution Manager


Interestingly she failed to acknowledge the LBA sent on the 28th August, for which I will be issuing a claim at the end of the month (finances lol). Of course it is the old throw a spanner in the works so you have to adjust your claim amount but seeing as I have an estimated amount in there anyway, I won't bother. Where on earth did she come up with a figure of £70 from????

[Jacqueline07]

2 x charges ??? Very generous - not.

[Zannie]

I got a similar letter to that but I ignored it and still went ahead and did the money claim and stuck to my schedule, I have had a 50% offer but have refused it and now there is another offer in the post to me - so hang in there they are just trying to confuse you.

[noobrider]

receieved a letter today from Abbey telling me they are going to enter a default in 28 days for the outstanding balance on my account...which Has had an LBA sent to...Hmmmm