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.
This is a copy of the letter I received from Abbey after sending them the first request letter :-
Dear Miss
Thank you for your letter dated 11 March 2006, I apologise for the delay in coming back to you.
With regard to your request for a refund under Common Law, Statute and recent Consumer regulations, we don’t believe that Abbey’s charges are unfair under these.
When you opened the account with Abbey, you were provided with terms and conditions that detailed the charges that become applicable should you breach the terms of the account. Abbey is up front and transparent about all its banking charges as set out in the tariff of charges.
Abbey’s bank account is good value and our charges compare fairly with other banks. For most people, banking is free and they don’t incur penalty charges.
If the complaint escalates into a claim in the county court, we will review each case individually, and if we feel that our relationship with our customer has broken down completely, we may decide to give notice to close the account under the terms and conditions.
An investigation of all the charges relating to your complaint has been carried out. As they’ve all been applied in line with our current tariff of charges and haven’t arisen as a result of proven Abbey error, no further refunds will be applied.
Please be assured I’ve carried out a full investigation for you and I hope you feel I’ve offered a fair response to all of the issues you’ve raised. I’ll keep your file open for the next eight weeks and if I don’t hear from you within that time, I’ll assume that everything is resolved and will close your file.
It's quite funny actually, especailly the part about giving notice to close the account, because the account has already been closed for a least 2 years now, so that just goes to show how much of a ' full investigation' they have carried out.
My next step is a letter informing them that they have 7 days before I take it to court.
thats the standard letter they send out to everyone!
best wishes
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
If the complaint escalates into a claim in the county court, we will review each case individually, and if we feel that our relationship with our customer has broken down completely, we may decide to give notice to close the account under the terms and conditions.
It's quite funny actually, especailly the part about giving notice to close the account, because the account has already been closed for a least 2 years now, so that just goes to show how much of a ' full investigation' they have carried out.
Exactly, it shows they don't even bother to look at each case, hoping you might go away after they've made their standard threat. I would remind them in your follow up letter that you are disappointed with their version of a 'full investigation' and they are not taking your claim seriously.
Interesting that they refer to it as a 'penalty charge'. Make sure you keep this letter as evidence.
Why would you bother writing a follow up to this letter? Presumably your first letter told them what will happen if they don't give you your money back, so if I were you I'd just go straight to the court.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Abbey National's reply
after sending them the first request letter :-
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Originally Posted by shnooky
