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



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  1. #1
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    Default Urgent advice needed, anyone experienced with Abbey

    Hi there

    I am in the process of taking further action against Abbeyicon bank for charging me unfair overdrafticon charges and would like your advice as soon as possible. The reason being is that they are threatening to close my graduate account this week if I don’t pay the charges. Should I therefore comply with there ‘destruction of account slip’ and return it to them or should I refuse to close the account on grounds of illegal action just to annoy them. This is because I already have another account with HSBCicon and therefore have no use for Abbey account except to repel against them.

    I have the following grounds for appeal:

    1- I have been unfairly charged for over 270 pounds or so for going 27 pounds in three separate totals of 7pounds, 18 pounds and so. Since I have complaint to them and to the financial Ombudsmanicon they have refunded 50% only. But they have been charging me every month even though I was making the complaint to them and to the Ombudsman.

    2- I have contradicting letters from Abbey some stating I am have no overdraft and some stating that I am on 1,250 pound limit for now. This supports my theory that they have deliberately refused me 100 pound overdraft just to charge me the overdraft fee.

    3- I have since moved to HSBC who have giving me 1,400 overdrat and credit card limit of 2,000 on graduate account.

    What shall I do now, shall I:

    1- Refuse the destruction of service or
    2- Take them to court and agree to the closure of the account

    Anyone please advise me on what to do?

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  2. #2
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    Default

    Never heard of a "destruction of service slip". In any event if you want to move your affairs to your new account then do so. I wouldn't cooperate with Abbeyicon in closing the account. If they want to close it they will do so with or without your consent. You just need to be ready for when they do so. The proviso I would attach to this is to ask whether they are threatening to default you as well as close the account?

    In any event if you work your way through the FAQ and forum materials, they will guide you in how to recover unlawful charges from the Abbey.


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    Default Excellent

    Many thanks for the info, I will certainly not co-operate with them but the most important concept which I have deduced from your advice is indeed whether they will apply a default to my account or not which from what I understanding will subject me to bad credit scoring. In this case, I am drafting the 'letter before actionicon' and will send it to them via recorded delivery.


  4. #4
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    Remind them of section 13.6 of the Banking Codeicon, that states that (in so many words) they will not give information to credit reference agencies if the amount in question is in dispute.

    Let them know that if they do then you will also claim for a breach of implied contract (implied because all contracts in England are bound by English law) to enter accurate information and will claim damages if forced down this route.

    I (or rather my partner) is having this very conflab with Abbeyicon at this very moment.

    They WILL close your account when you claim and they pay up. Be prepared, get another account somewhere now. A basic account if need be.

    Abbey are acting like the classic school bully who has been beaten by the weaker children; lashing out in the only way available to them.

    In a way, it's quite sad to see a once respectable mutual act in this pathetic way.

    It's even more pathetic that the consumer protection bodies (FSA, OFT) that have been set up to protect us from this sort of thing are allowing themselves to be in the banks pockets, leaving the consumer to find laws and act upon them in the county courts by themselves.

    "As if life isn't complicated enough."

    ;-)

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

  5. #5
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    The advice gets better and better, many thanks Dave

    I am sorry to hear we are both in the same boat, but I am sure instead of sinking we will swim away from the lurking shark.

    The Banking Codeicon 13.6 which you have suggested is another great tool in the fight against Abbey’s doctrine to conduct a day-light-robbery and to some extent I feel like I should wait for them to share information with other credit agencies notwithstanding I will play the ‘code card’. I have submitted the letter before actionicon to their incapable and incompetent hand’s just to give them a taste of their own medicine. As Seminole quoted ‘revenge is a dish best served cold’.


  6. #6
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    I am sorry to hear we are both in the same boat
    Hey, don't worry about us - I live for this stuff!!! ;-)

    I truly enjoyed watching the school bully get a kicking at my school (although I rarely admit it) - the same bizarre feeling is coming back to me now, for some reason ;-)

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


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