keren29 v Abbey ** WON **

[keren29]

On March 6 2006, I was really shocked to find a total of £150 of charges taken from my a/c with the Abbey. I was VERY surprised as I wasn't expecting ANY!!

They were for a mixture of going over o/d limit (it was about £3), paying two DD's and a couple of paid Visa whilst overdrawn (yes but within my limit!). this was a shock as it took me £4 or so over my o/d limit.

I used a template letter, although softened it a bit and asked what exactly the charges were for, and why had I never received any letters to say they had paid DD's/Visa payments. I included all the relevant parts (the law cases, punitive charges etc etc) and sent it off.

Got a reply very quickly saying they needed 4 weeks/hoped could find a positive result (now seen today from reading threads this is a standard letter from Antony Turbitt, Banking Services Manager)

Spurred on by reading threads on here and MSE, I sent an electronic request for statements for 2001-2003. I was very very ill during that time and racked up probably hundreds and maybe over a £1000 in fees due to medication and private careneeded sending my account into meltdown and me being too off my face on morphine to sort anything out. I sorted out my account in about 2003. I expected nothing as I hadn't done an official DCA letter with my £10, and was just about to send a letter with £10 when I got a letter saying they had passed my request to the archive section.

Mid March, because the charges put me over my o/d limit by a couple of pounds they returned a DD twice.

April 5 I receive a letter from Antony Turbitt saying they need another 4 weeks.

April 6 I see they have charged me around another £150 for virtually the same reasons as March!!!

I reply on 7 March via the email, with an attached letter to Antony Turbitt saying I wanted these charges also returning.

I had an automated reply, then another emailed reply with a tracking number saying they had my email and attachment.

Since then, nothing.

Well, I say nothing - the charges put me over my od limit - again, by less than £10 and they have returned 2 DD's this week.

I feel that although the wheels are in motion, I've maybe done it all a bit 'cock-eyed' and I should have been a bit more regimented with my approach from the start. I was scared they would cancel my od limit which is why I didn't go in all guns blazing.

I now know that I'll be due for another set of charges next month for them bouncing the 2 DDs this week - but if they had refunded the charges (or never taken them in the first place) I wouldn't have been caught up now in this circle.

Should I do something ? Should I wait? Should I send £10 with a DCA letter to see if it can speed up the archive department????

Or have I messed up in some way (just feel I might have done) and don't stand a chance of having the charges refunded?

[alanfromderby]

Abbey are probably the most obstructive of the banks. It is vital that you follow the procedure as outlined in the step-by-step guide. If you try to start a dialogue, they will just use it as a way of delaying things even more.

Remember also they are snowed under with requests for statements - without the clout of a Data Protection Act request you could be waiting months.

[bram stoker]

Keren,

You'll need to know how much you have been charged over the last six years. If you don't have this then send the Data Protection Act letter and request the information in a complete manner starting your letter with "Further to recent requests..."

If you do have the information on the last six years, write the preliminary letter starting your letter "Further to recent requests..."

That's my suggestion. Hope it helps. Good luck.

[keren29]

This is written with some nerves as I do get scared about taking on the 'big boys' (although Idon't know why!)


I sent the first letter to the Abbey and had the standard stalling letters then got a reply from Elanor Stoakes at the Sheffield Customer Contact Centre. She broke down the charges and said she had carried out a 'full investigation' and feels that she has offered a 'fair response' and will keep the file open for 8 weeks.

Now, a few weeks have passed and more charges have been incurred. I've added them up and they total £700 (Jan to June 2006). I'm not going for anything earlier, so I don't need old statements or anything like that and I've copied and pasted the letter called 'Letter before Action' from the Library. I've taken out the bit about the default as I don't have one.

Is there anything else I need to think about? I don't have a parachute account yet but am on the case. I've applied to First Direct online, but I don't have a fab credit record so I'm going to go to the Nat West tomorrow and see about a Step Account - just in case.

I'm £1200 overdrawn with the Abbey, Iguess my biggest fear is that they shut the account and demand the money back. I guess though that's when I would fight the default.

Any comments would be gratefully received -with it being Sunday I'll hold off posting until tomorrow in case there is anything i've missed.

Oh, the only thing I don't have is the schedule of charges that is mentioned in the library letter - I've deleted that sentence - is it imperative thatI include a leaflet of the charges? Are they available anywhere online?

Thankyou

[callumsgran]

hi, i dont think it means a written list of charges as such just that the schedule of charges are unlawful. is that any clearer?

[barracad]

Threads merged - please stick to one thread!

If you are applying for a NatWest Step Account do it online - it only takes a couple of minutes.

Is there any reason why you aren't pursuing the whole 6 years worth of charges? If you did this would the claim amount be enough to cover your overdraft?

You should include a schedule of charges with the LBA so they can't claim they haven't received one.

[callumsgran]

oh poo, i didnt do this, i thought i only had to send the letter! will this make a difference to my claim?

[barracad]

Originally Posted by cillitbanger

oh poo, i didnt do this, i thought i only had to send the letter! will this make a difference to my claim?

Best to include one otherwise the banks file a defence claiming they don't have a breakdown of the charges. (Stupid argument anyway as they can access all your transaction details!)

If you haven't done it not a lot you can do about it now. You'll just have to send one when you file your claim.

[callumsgran]

thanks barracad, to be honest i thought that was when you had to send it in anyway, the lba i sent in didnt mention the schedule of charges i'm sure. but i could be wrong dont happen often mind me bing a woman and all LOL

[keren29]

wow - quick responses!

Apologies for the new thread - I didn't realise.

I'll go to the bank and pick up a schedule of charges tomorrow. The Abbey are in a really inconvenient location for me, but i'll go in tomorrow.

I've never had the statements - I applied online and now realise I should have written for them.

If I go for this action, am Iallowed to make another claim against them in the future for the old charges, or is it an 'all or nothing' claim?

Will apply now for the Step a/c

as an aside - just called capital one as they charged me £20 late payment fee for the first time ever, it was my fault as I'd mislaid the statement, she offered me £10 but when I asked (nicely!) if a manager could help, she refunded the full £20. If only it were that easy with the bank!

[barracad]

Originally Posted by keren29

I'll go to the bank and pick up a schedule of charges tomorrow. The Abbey are in a really inconvenient location for me, but i'll go in tomorrow.

Why are you going in to the bank???

If you're sticking to the same claim amount, then include a schedule of the charges you've got so far.

If you're wanting to go back the full 6 years you would need to use the Data Protection Act letter from this site to get your full 6 year history - I doubt you'll be able to just get it printed in the branch.

[give_me_it_back]

Hi Keren. You can apply all at once, or make several claims - although I feel it would be easier (for me anyway) to do it all in a oner.

Please don't be afraid. You are doing nothing wrong. Don't 'soften' the letters, and don't feel sorry for the bank! What they are doing is unlawful.

You will get all of your money back if you stay strong, follow the procedure and don't give up!

[keren29]

sorry, I think I've got my thoughts muddled - I thought I had to include a leaflet from the bank with their bank charges on it??!!! (I guess I don't?!!)........sorry, I''m trying to get my head round my finances.

In the last 24 hours I've called my CC companies and got reduced APR's from three of them, struck a new deal with NTL, tried (unsuccessfully) to get out of my mobile phone contact as I don't use the phone and it's dead money, been successful with a £20 capital one late charge fee refund, sorted out a mistake by powergen, applied online for a parachute account and this was next job on the list..........my brain has gone to mush.......

I guess I'm a bit scared because the Abbey seem to be the nastiest bank from what I've read and whilst I don't mind a fight, i'd panic if I had no way of my salary being deposited and the bills being paid before the parachute a/c was up and running.

You wouldn't think I used to be a collections officer (MANY years ago) for Poll Tax/Council Tax......runs away before I get hit by flying objects!!!

[barracad]

No you don't need to send them any of their own leaflets!!

You need to include your 'schedule of charges' which is a breakdown of the charges you are claiming. If you have used the spreadsheet to work out your charges then just print that out and include that with your LBA

[give_me_it_back]

and well done with all the effort you've put in so far!