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hi all,
first i want to claim back the bank charges etc, but i also had a personall loan with them, where i made a claim on my PPI , but was not successful, i have a second loan with PPI, where i have made claim recently and been successfull to date, although they wrote to say the PPI Policy had lapsed during the successful claim:-|
i want to claim for the PPI on the first loan, any body have any info
ive faxed the two Abbey offices my S.A.R - (Subject access request) Notice, and will send a edited version in the post, this one covers all financial info held, including bank/loan accounts and any other product used
O YES opend new account with woolwich this morning forgot they are owned by Baaaaaaacleys:o
simlar problem with Halifax have a loan with them tried to make claim on the PPI, unsuccessful as i was dissmised. bank account was raided for loan payments, and being harrassed over the phone.
so as you can see lots to do just doing the S.A.R - (Subject access request) For halifax post both on monday
Just wondering if anyome can help ? I am getting my sister started with her fight against the SHABBY, but she has had her account closed and taking her to court for the payback of the overdraft. Can you still go ahead and start reclaiming your bank charges ?
Just wondering if anyome can help ? I am getting my sister started with her fight against the SHABBY, but she has had her account closed and taking her to court for the payback of the overdraft. Can you still go ahead and start reclaiming your bank charges ?
HI OLYIMPIC
Logic would lead me to belive that you could still persue these charges, as a counterclaim! and if the closure of the account was due to you making a claim, you would also be able take action against them.
im sure there is some threads or FAQs on these points. spend some time browsing the site and saving info.
Olympic, I agree that, in principle, you could do this as a counter claim to Abbey's legal action regarding the overdraft. Certainly, when Abbey get our claims they have to tell the Court whether they a) will defend the whole claim; b) part of the claim; or c) intend to counter claim.
My immediate questions would be :
do you think your charges + interest would pay off overdraft they are trying to get back ? If yes (or close), you probably have a goer. If nowhere near, you might be better to settle the overdraft (tough one, I know) and claim the charges separately;
how far has Abbey's legal action against you got ? I ask only because it governs how much time you have to get a counter claim sorted out.
The only problem is, of course, you don't know how much your charges were exactly (unless you kept your statements). Thinking aloud, one way to put a spanner in Abbey's works would be, in the context of their legal claim with you about the overdraft, to write to them and say that "it's come to your notice that the default charges are unenforceable (you'll have to expand on that from wording in Prelim/lba/N1 templates) and therefore you respectfully ask them to provide you with a list of all the default charges on your account. It would be unreasonable for you to take further action in relation to my overdraft until you provide that information".
Two other suggestions :
do a search on CAG for "counter claim" and see what turns up - this might be a well beaten track.
Hi Boxer, I think it is a standard Abbey defence.... Let me Know what you think.
1.Save as is specifically admited in this defence, the defendant denies each and every allegation set out in the [particulars of claim.
2.It is addmited that the claimant has a bank account with the defendant.
3.At all times the zccount has been subject to the applicable terms and conditions ("Conditions"), which form part of the contract between claimant and the defendant and to which the claimant agreed when he opened the account. The defendant will refere at trial to the full conditions but for the purposes of this defence will refere to the following extracts.
(1)You can apply for an overdraft on your account. if we gie you an overdraft we will tell you your limmit and interest rate applicable.
(2)An unauthorised overdraft occours if without our agreement you overdraw your account or exceed the limit of an overdraft which we have agreed.
(3)If you have an unauthorised overdraft. you will be charged fees as set out in our tariff of charges or specified to you nad these may include fees for transactions we are unable to process due to lak of available funds in your account.
4.Throughout the period that he has had the account, the claimant recieved a number of copies of the terms and conditions and of the tariff of charges as the were amended and updated(though there has been no amendment to to the conditions extracted in paragraph3(1),(2) and (3) above)
5.Any overdraft facility on the account was(and is) subject to the conditions.
6.The claimant has overdrawn or exceeded authorised overdraft limits on a number of separate occasoins, full details of which can be provided on disclosure. Therfor by virtue of the conditions reffered to in paragraph 3 above such overdrawing was unauthorised and in breach of contract and the claimant became liable to pay fees to the defendantin accordance with its tariff of charges applicable at the relavant time. In accordance with the conditions, such fees were debited to the account.
7.In view to the facts an matters refered to in paragraph3,4,5,and 6above the defendant denies that the amount of £3510 or any other amount was unlawfully debited to the account and the claimants claim for the repayment of that amount is therefor denied.
8.The claimants contension that the said fees are unenforceable and/or are oenelty charges is denied.The fees reflect and are proportionate to the defendants andministrative expenses and incurred due to the claimants breach of contract ond are genuine pre-estemate of the damage suffered by the defendant.
9.Further or in the alternative , even if the said fees are not proportionate to the defendants anminiisrative expenses incurred.9which is denied)the claimant remains liable to pay such fees as may be found to be proportionate and the claimant is not entitled to claim repayment of the full amount of each charge made to the account.
10t. he defendant denies the cliamant is entitiled to claim any charges alleged to have been incurred prior to 28 Feburary 2001 by reason of limitation act.
11. The defendant denies that the claimant is entitled to claim interest.
12. No admissions are made as to the amounts claimed by the claimant and the claimant is put to strict proof of the same
Just wondered where you had got to with your claim. I have received the same defence from Abbey. Will I be sent an allocation questionnaire or is this something I have to request? Need to do a bit more reading as I don't know what it is.
You need to have confirmation of any withdrawal of Abbeys agreements in writing as required by the bank codes of practice which you can find on the web by typing in 'banking codes'.
Tell them you require all of your bank statements and give them at least 14 days to produce these. They will have to keep these for tax purposes.
If Abbey is taking you to court they will have to provide a defence . My guess is that if you counter sue them in the same court they may not wish to provide evidence as they may have to tell a court how they come to their excessive charges, but that is a question you may wish to ask the forum?
I have just received a defence from Abbey, stating that they do not admit any liability. They have also disagreed the amount of the claim and are asking for proof to be provided. I have my bank statements for the last 6 years anyway so I am not too worried about that. However, what is the next step and should I still pursue? If I do pursue and lose am I liable to all court/Abbey costs? Is it possible to lose?
I would highlight the charges on your bank statements photocopy them and send the copies to Abbey.
Also send a letter saying that you wish to claim all these charges back.
Use one of the stock teplate letters from this site.
Read the Faqs and follow the tried and tested proceedure.
You should not lose if you follow the advice offered by members of the action group and the information contained on this site
Thanks for your quick response Jakebear. I have written to Abbey on 3 occasions using the templates from this site. Eventually, after an unsatisfactory response I decided to take court action. I completed the application on Money Claim Online and at the momernt we are in the defence stage where Abbey have sent me a copy of their defence, denying all liability. Is this scare tactics and should I pursue to the end. If I do lose will I have to pay their costs?
Iam at the same stage as you.
I have received a copy of thier defence and am awaiting the Court Allocation form.
In the meantime Abbey sent me £893 as a goodwill gesture.
I have written to them stating that this is not satisfactory and I will be claiming the full amount.
I have also given them chance to pay up in full and avoid court.
I believe that I can win this case and so should you.
They have taken your money and deceived you.
Get it back it belongs to you and not them.
No bank has gone to court as yet they are just posuring in the hope that you back down.
Don't let the beggers grind you down.
Thanks for your advice. I will await the next step and let you know what happens. I am only owed £1360, so I am hoping they won't go to court. If I get a GOW I will accept it as part payment and continue until I am repaid what I am owed.
Thanks once again. Will let you know on progress. Will you do the same.
Abbey Victim V Abbey ***WON***
which amounted over £1500 and received appx £500 back as a gesture of goodwill
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Re: Abbey Victim V Abbey
Originally Posted by olympic1805
