Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Results 1 to 16 of 16
  1. #1
    Site Team The Consumer Action Group Docubot has disabled reputation

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2006
    Posts
    1,399

    Default Abbey close account

    Hi,

    My partner has just received a letter from Abbeyicon giving her 14 days notice to close her account - some three months after she sued them for her money back.

    So, beware - just like the school bully, they will be spitefull to the end.

    The best bit of this though, is that they have charged her about 300 quid since December in charges, due to their own cheque taking 6 working days to clear, when my partner was informed that it would be 4 days. Their ATM balance showed that the amount was available to draw on - even though, due to their greed, the cheque hadn't cleared yet.

    So, I guess there's going to be another 'Litigation in Progress' entry added very soon.

    ....and a quick letter to the Ombudsmanicon about how the bank has chosen to close her account due to her standing up for her statutory rights!!

    Similar Threads:
    Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.

  2. #2
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Natasha Novitiate Natasha's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2006
    I am in
    East London
    Posts
    234

    Default

    That's out of order!!

    Let us know how you get on.

    Natasha

    Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)
    sent reminder email on 17/4/06
    called abbey on 19/04/06 to remind them
    sent another email on 26/04/06
    Approx charges £2500
    received £500 refund in dec 06
    sent LBA
    Capital one- sent DPA letter 17/03
    Sent prim letter for charges of £260 14/04
    Received a refund £109 awaiting further refund of £151
    Settled IN FULL
    Barclay card- Sent DPA letter 17/03 sent reminder 14/04
    received info claiming £120
    settled in FULL

  3. #3
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    towiedyer Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    I am in
    Dorking
    Posts
    49

    Default Re: Abbey close account

    Quote Originally Posted by Dave
    Hi,

    My partner has just received a letter from Abbeyicon giving her 14 days notice to close her account - some three months after she sued them for her money back.

    So, beware - just like the school bully, they will be spitefull to the end.
    Sorry, might just be me being thick but did you win the money or is the case still in progress?


  4. #4
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    Seminole Informative Seminole Informative Seminole Informative Seminole Informative Seminole Informative Seminole's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2006
    Posts
    3,913

    Default

    I thought that they were supposed to give 30 days notice.


  5. #5
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    gothicf0rm Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2006
    Posts
    236

    Default

    they are


  6. #6
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    Robertxc Highly informative Robertxc Highly informative Robertxc Highly informative Robertxc Highly informative Robertxc Highly informative Robertxc Highly informative Robertxc's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2006
    I am in
    The Independent Republic of Kelty
    Posts
    3,454

    Default

    But...going overdrawn is a breach of contract, so they are entitled to close your account. Aren't they?


  7. #7
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    Robertxc Highly informative Robertxc Highly informative Robertxc Highly informative Robertxc Highly informative Robertxc Highly informative Robertxc Highly informative Robertxc's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2006
    I am in
    The Independent Republic of Kelty
    Posts
    3,454

    Default

    And anyway, come on Dave, Abbeyicon will certainly be reading all these posts with interesticon, by now they will have figured out who you are. You didn't really think they would let you keep an account, did you?


  8. #8
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    MondeoST24 Novitiate MondeoST24's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2006
    Posts
    416

    Default

    If it were me i'd write back telling them to stick the account up their

    Probably as childish as them but so what

    First Direct, £4031 Recovered
    Halifax, £953 Recovered
    MBNA Credit Card, £120 Recovered
    American Express, £160 Recovered

    Coming Soon......

    Blackpool Council, £190 in unlawful parking tickets
    Carstoppers. £50 from the cowboy clampers

  9. #9
    Site Team The Consumer Action Group Docubot has disabled reputation

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2006
    Posts
    1,399

    Default

    Actually, I INSISTED that they close my account (not a clever move in hindsight) - this is my partners case.

    For the information of the group: she did indeed get all her money back - they made an offer of 50% which we politely declined (wasn't that hard - I remember not being able to buy badly needed shoes for my daughter because they had taken a total of £400 from us combined in one month).

    They replied with an offer of 100%.

    We accepted - there was no mention of closing the account, but to be honest this did suprise me. Why would they want to do business with someone who has just sued them?

    However, I (and my partner) sued them because it is our belief that they are acting outside of the law. All we did was excersise our rights a UK citizens (subjects?) and when they refused to operate their business within the bounds of simple contract law, we took our own action.

    If everyone who stands up for their rights in this country is allowed to be treated the same way, then God forbid where this country will end up.

    I still am adament that this is not lawful in itself - we are FORCED to have a bank account - so their 'cartel' position allows them to act outside the law and when pulled up on it, they cause as much damage as possible.

    In this case it's not really an issue - the tiny overdrafticon my partner has on her account is drawfed by the charges and she has another bank account already set up (spookily, she asked her employer to pay her wages into her new account just last night - maybe she had a premonition!!?).

    However, this site is about getting banks to act fairly - this isn't fair at all, and therefore, she will most likely be suing Abbeyicon again for the small amount of charges and making a complaint to the Obudsman.

    The Ombudsmanicon will charge the bank (I think £370) in the event of a complaint win or lose.

    I suggest anyone that has been sent a letter back from any bank advising them that the charges have been applied fairly and that they can take it further by going to the ombudsman to do so.

    The obudsman won't do much, but at least it will cost the banks money - it was after all, their suggestions.

    Continue with your claim on your terms/timetable at the same time by all means though.

    Eventually, we'll change their standard letters offering an alternative to them acting fairly by going to an official body that won't (or can't don't get me wrong - I think the Ombudsman does a good job and needs to be there - it's just, quite rightly, they won't get drawn into contract disputes) do much about it.

    Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.

  10. #10
    Site Team The Consumer Action Group Docubot has disabled reputation

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2006
    Posts
    1,399

    Default

    Quote Originally Posted by Robertxc
    And anyway, come on Dave, Abbeyicon will certainly be reading all these posts with interesticon, by now they will have figured out who you are. You didn't really think they would let you keep an account, did you?
    At the moment I have only been able to identify Barclaycard, lloydstsbicon and HSBCicon as the bank lurkers.

    My 'lurker' program isn't that sophisticated just yet, and I've been too busy to 'beef' it up.

    Oddly, I phoned Barclaycard yesterday, and once they realised who I was, I got shuffled through to their Head of DPA immediatly. Even the chap I spoke to chuckled when he said "have you been getting these letters off the Internet" and my reply was "yes, I put them there!".

    Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.

  11. #11
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    martinwhite Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    Posts
    198

    Default

    This business of closing accounts for suing them is something that I have raised with my MP.

    So now you have two complaints to the Ombudsmanicon.

    1 - They forced your partner to close her account for suing them
    2 - They did not give you the 30 days notice stated in the Banking Codeicon.

    Make sure you file them separately won't you?

    Martin


  12. #12
    Site Team The Consumer Action Group Docubot has disabled reputation

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2006
    Posts
    1,399

    Default

    They actually did give her 30 days - that was my mistake.

    Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.

  13. #13
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    I am in
    Snozzell
    Posts
    5,214

    Default

    Quote Originally Posted by Dave
    The Ombudsmanicon will charge the bank (I think £370) in the event of a complaint win or lose.
    Sorry - do I understand this right? If the ombudsman raises an investigation, the bank has to fork out £370 because of the investigation, whatever the outcome?

    This seems preposterous (though not uncalled for) and the process could be open to abuse...I mean, supposing that everyone here was to report the bank to the ombudsman for each and every penalty charge...the ombudsman would have literally millions of investigations to raise, at a cost to the banks of £370XMillions...

    As I say, this process could really be abused...couldn't it...? Not that anyone here would consider such a course of action...would they...?


  14. #14
    Site Team The Consumer Action Group Docubot has disabled reputation

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2006
    Posts
    1,399

    Default

    That is my understanding.

    It's probably meant as a deterrent to the banks to p*ss their customers off.

    However, hardly anyone uses the Ombudsmanicon so the banks are seemingly free to p*ss off who they want.

    Yes the system is open to abuse. Usually though it is the banks that abuse their system to their favour.

    I suggest that every time the bank writes a letter saying "Sorry, but no - have a word with the ombudsman if you want", that people do exactly that.

    Then they would only be following the advice of the bank itself - hardly an abuse of the system if the bank themselves recommended that route.

    Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.

  15. #15
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    I am in
    Snozzell
    Posts
    5,214

    Default

    In that case I think that the advice to everyone on this group should be:

    "Check every communication from the bank - if they mention the Ombudsmanicon then take the bank at their word..."

    Assuming that thousands of investigations (and £370 charges) will be raised this way it will be interesting to see if the banks complain of harrassment or abuse of process...


  16. #16
    Site Team The Consumer Action Group Docubot has disabled reputation

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2006
    Posts
    1,399

    Default

    I think it's a good idea.

    They can hardly claim harrasement OR abuse of service if they recommended the course of action in the first place.

    They shouldn't have started on us!

    Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.


Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE