Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I have been with the Abbey for about 7 years and have incurred many bank charges, I changed bank accounts last year as I was trying to pay off my £550 overdraft with the Abbey so I could close the account because I was sick of all the charges. I haven't had any money paid into my abbey account since September but in Dec and Jan had card payments taken off, payments that I had forgotten about and had automatically come off my card. I am now £630 overdrawn and wrote to them in January with a budget planner explaining I could only afford to pay them £5.35 a month off the debt and asked them to freeze bank charges and interest. Because I forgot to cancel a card payment in december, this took me over my overdraft and I am getting approx £40 a month charges. I spoke to them on the phone and they said they would accept a minimum of £20 per month. I told them I couldn't afford this and they said wait for it to be sent to a debt collector.
I don't want it to be sent to a debt collector as I don't want to incur any more charges.
Can I claim back bank charges while over my overdraft? Is there anything I can do about these monthly charges?
Thanks
Lisa
Can I claim back bank charges while over my overdraft? Is there anything I can do about these monthly charges?
Yes on both accounts. You can also claim the interest that they have applied back.
You need to read the FAQ's and start the process of reclaiming. If the charges come to more or a similar amount to your overdraft I certainly wouldn't be entering into sort of payment arrangement with them.
Send by recorded delivery.
This will get you some idea of how much your charges are then come back and we can give you a letter to reclaim the charges.
The chances are, it will be put on hold pending the outcome of an appeal by the banks to the House of Lords regarding charges but whilst it is on hold they won't be able to sell your debt onto a DCA
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)
Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.
If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act Subject access request fee.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. I would be happy to collect the Data from my local branch.
I have been with the Abbey for about 7 years and have incurred many bank charges, I changed bank accounts last year as I was trying to pay off my £550 overdraft with the Abbey so I could close the account because I was sick of all the charges. I haven't had any money paid into my abbey account since September but in Dec and Jan had card payments taken off, payments that I had forgotten about and had automatically come off my card. I am now £630 overdrawn and wrote to them in January with a budget planner explaining I could only afford to pay them £5.35 a month off the debt and asked them to freeze bank charges and interest. Because I forgot to cancel a card payment in december, this took me over my overdraft and I am getting approx £40 a month charges. I spoke to them on the phone and they said they would accept a minimum of £20 per month. I told them I couldn't afford this and they said wait for it to be sent to a debt collector.
I don't want it to be sent to a debt collector as I don't want to incur any more charges.
Can I claim back bank charges while over my overdraft? Is there anything I can do about these monthly charges?
Thanks
Lisa
£5.35 a month might suggest that you could be in financial difficulty and could be eligible to apply for hardship to reclaim charges and have these charges on your account halted.
Can you give a brief overview of the rest of your circumstances.(arrears/debts/income etc)
Yes get the SAR off, but if you would be eligible for hardship we can get that moving while waiting for the return of the SAR info, and try kybosh them sending you to a DCA.
As you can see this doesn't tally up so each month I am having to go without housekeeping bits to pay the bills. This also does not include the money needed for uni books or any kind of social activities. Last month I had to borrow money so I could pick up two prescriptions coz I had bronchitis, tonsilitis and a viral infection.
Lisa
The DCA want £36 per month which I cannot afford, especially now as my travel to university has gone up to £100 per month and I just don't know what to do. Abbey did not send my budget planner to the dca either and they want me to send another one. I feel like I am completely screwed
I have sent the letter with a cheque but the cheque hasn't cleared yet and when I phoned Abbey to ask if they had received the letter they hung up on me, I know I should have sent it by recorded delivery but I couldn't afford it
Thanks for your help guys, mustang67, i am a student but only got a yearly discount of £136 which means I still have to pay £47 per month, I was also under the impression that I was exempt from paying any council tax. I will let you guys know if I hear anything, if not, I will post again on the 41st day.
Lisa x
Hiya
It has been 40 days since I sent the letter to them, what do I do now? They haven't cashed the cheque I sent them, I tried phoning a couple of times to ask if they had received the letter and was hung up on both times.
Lisa
Is there anything I can do?
for about 7 years and have incurred many bank charges, I changed bank accounts last year as I was trying to pay off my £550 overdraft
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Originally Posted by pinklisar
