SUCCESS- CHANGE OF TACT FROM ABBEY?

[Fletch]

Just received the following letter after threatening action on £320-00 fees levied.

"I am sorry we have given you cause to complain in relation to charges totalling £350 incurred during the period January-February.

The charges in question were prompted by requests against insufficient available funds (THESE WERE DEBIT CARD PAYMENTS WHICH SHOULD NOT HAVE BEEN AUTHORISED) As such they are valid and in line with our Terms and Conditions. Having carefully reviewed the history of your account however, I can see tha t you have not incurred charges in the recent past. I am therefore satisfied that the charges are a result of an oversight on your part..........

You have mentioned in your letter that you feel the charges are disproportionately high and contravene the Unfair Terms in Consumer Contract Regulations 1999. I can confirm that this is not the case. The Financial Services Authority (FSA) governs Abbey and they overlook our Terms and Conditions to ensure that they are legal and fair. You hav e referred to several court cases in your correspondence. I am unable to comment on any decision made in a court of law as each case is treated individually and may not have any bearing on your situation.

Abbey has a standard charging system aplicable to all our customers and we operate an automated clearing system which helps keep costs to a mininimum. When an item is presented for payment while there are insufficient funds in the account it has to be dealt with on a manula basis. This is very costly and for this reason a standard charge is applied. Charges are incured irrespective of the amount of the transaction as the administation costs are the same for all.

As you have requested a payment from your account (as a Visa purchase) Abbey tries to ensure that they are able to meet your request. In these circumstances Abbey will use an element of discretion in paying these transactionsin order to cause you the least amount of inconvenience and embarassment to the payee.

We do expect our customers to manage their accounts effectively. It is not our intention however to penalise them for one-off lapses. On that basis and as a gesture of goodwill, I would be willing to waive the charges of £320. Please confirm your acceptance by signing and returning the enclosed form in the prepaid envelope provided......se note that no further charges will be refunded on the account."

Mehrunnissa Travadadi, Customer Relations Manager.


THIS COULD BE A USEFUL POINT OF REFERENCE FOR OTHERS!!!

HOWEVER: I MUST TAKE THE MONEY BUT I DO HAVE RESERVATIONS. I WILL NOT ACCEPT THE MONEY ON THEIR TERMS.

1 They admit that the charge is discretionary
2 They rely on FSA's inaction to back them up
3 In my particular case they admit that they are operating my debit card as a credit card account ,in effect, which I feel does contravene Consumer Credit Act as the account was not set up as such.
4 There was no such manual intervention in my case

I will be writing to accept the offer of refund together with any interest which has been incurred as a result of my account being overdrawn and on the strict undestanding that I do not accept that the charges as they are applied as they are disproportionately high and do constitute a penalty. Also I do not agree to payments being authorised on my current account via a debit card when there are insufficient funds to meet them.

[Fletch]

Just received the following letter after threatening action on £320-00 fees levied.

"I am sorry we have given you cause to complain in relation to charges totalling £350 incurred during the period January-February.

The charges in question were prompted by requests against insufficient available funds (THESE WERE DEBIT CARD PAYMENTS WHICH SHOULD NOT HAVE BEEN AUTHORISED) As such they are valid and in line with our Terms and Conditions. Having carefully reviewed the history of your account however, I can see tha t you have not incurred charges in the recent past. I am therefore satisfied that the charges are a result of an oversight on your part..........

You have mentioned in your letter that you feel the charges are disproportionately high and contravene the Unfair Terms in Consumer Contract Regulations 1999. I can confirm that this is not the case. The Financial Services Authority (FSA) governs Abbey and they overlook our Terms and Conditions to ensure that they are legal and fair. You hav e referred to several court cases in your correspondence. I am unable to comment on any decision made in a court of law as each case is treated individually and may not have any bearing on your situation.

Abbey has a standard charging system aplicable to all our customers and we operate an automated clearing system which helps keep costs to a mininimum. When an item is presented for payment while there are insufficient funds in the account it has to be dealt with on a manula basis. This is very costly and for this reason a standard charge is applied. Charges are incured irrespective of the amount of the transaction as the administation costs are the same for all.

As you have requested a payment from your account (as a Visa purchase) Abbey tries to ensure that they are able to meet your request. In these circumstances Abbey will use an element of discretion in paying these transactionsin order to cause you the least amount of inconvenience and embarassment to the payee.

We do expect our customers to manage their accounts effectively. It is not our intention however to penalise them for one-off lapses. On that basis and as a gesture of goodwill, I would be willing to waive the charges of £320. Please confirm your acceptance by signing and returning the enclosed form in the prepaid envelope provided......se note that no further charges will be refunded on the account."

Mehrunnissa Travadadi, Customer Relations Manager.


THIS COULD BE A USEFUL POINT OF REFERENCE FOR OTHERS!!!

HOWEVER: I MUST TAKE THE MONEY BUT I DO HAVE RESERVATIONS. I WILL NOT ACCEPT THE MONEY ON THEIR TERMS.

1 They admit that the charge is discretionary
2 They rely on FSA's inaction to back them up
3 In my particular case they admit that they are operating my debit card as a credit card account ,in effect, which I feel does contravene Consumer Credit Act as the account was not set up as such.
4 There was no such manual intervention in my case

I will be writing to accept the offer of refund together with any interest which has been incurred as a result of my account being overdrawn and on the strict undestanding that I do not accept that the charges as they are applied as they are disproportionately high and do constitute a penalty. Also I do not agree to payments being authorised on my current account via a debit card when there are insufficient funds to meet them.

[Fletch]

Abbey
Customer Satisfaction Centre
PO Box 5129
Milton Keynes
MK9 2YN



25 February 2006
Your Ref: MT/445808



I acknowledge receipt of your offer of refund of £340 together with any interest which has been incurred as a full and final settlement of my complaint . This is to be paid into account XXXXXXXXXXXX.

This is accepted on the strict understanding that I do not agree that Abbey charges, as they are presently applied, are not disproportionately high and I do believe that they constitute a penalty.

Also, I do not agree to payments being authorised by Abbey on my current account via a debit card when there are insufficient funds to meet them. I am not a party to any agreement between Abbey and Visa concerning authorisation levels.

The amount of £340 plus interest must be paid into the above account by 30th February 2006 or else this acceptance will be invalidated and I shall proceed with legal action.

[Fletch]

Abbey
Customer Satisfaction Centre
PO Box 5129
Milton Keynes
MK9 2YN



25 February 2006
Your Ref: MT/445808



I acknowledge receipt of your offer of refund of £340 together with any interest which has been incurred as a full and final settlement of my complaint . This is to be paid into account XXXXXXXXXXXX.

This is accepted on the strict understanding that I do not agree that Abbey charges, as they are presently applied, are not disproportionately high and I do believe that they constitute a penalty.

Also, I do not agree to payments being authorised by Abbey on my current account via a debit card when there are insufficient funds to meet them. I am not a party to any agreement between Abbey and Visa concerning authorisation levels.

The amount of £340 plus interest must be paid into the above account by 30th February 2006 or else this acceptance will be invalidated and I shall proceed with legal action.

[BankFodder]

Good for you for standing up to them.
However, they won't agree and they will continue to bluff their way.

[BankFodder]

Good for you for standing up to them.
However, they won't agree and they will continue to bluff their way.

[Natasha]

did you sign the form stating that your are happy with the refund and that no further charges will be refunded?

[Natasha]

did you sign the form stating that your are happy with the refund and that no further charges will be refunded?

[leehughes]

Fletch

They will not be able to comply with your request......

The 30th February does not exist!!!

Hope you get it all back though.

Regards