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can the banks add unlawful charges whilst u r suing them?** WON **
currently suing Abbey via MCOL, at the 'acknowledged' stage.
recieved a delightful letter explaining that they are going to deduct £470 from my account due to unpaid dd, etc on 10/12/06.
i have sent the following email to them:
re: account number
dear sir/madam i am writing to you to express my disgust at your banks desire to continue to levy illegal bank charges against my abovementioned account. i read with dismay on my latest statement that you are planning to withdraw £470 from my account on 10/12/06 - two weeks before Christmas. As you are aware, I am suing your organisation in the county court as I want a refund on all illegal charges relating to my account, for the last 6 years and this claim was acknowledged to the Court by Abbey on 24/11/06, meaning that the illegal charges are 'in dispute'. For you to add further charges whilst my account is 'in dispute' is frankly unbelieveable and unlawful in England and Wales, under the Unfair Terms Act. I will be making a complaint to the OFT and FSO regarding your illegal practices, and will be taking further legal action if you do indeed withdraw the aforementioned £470.
regards
if they take the £470, i will sue them again, but can i prevent them from taking it in the first place?
Re: can the banks add unlawful charges whilst u r suing them?
Hi. I'm in the same boat as you. I filed MCOL on Nov 8th, Abbey actually acknowledged it yesterday. But on 14th Nov they took £297 in charges from us, and there will be at least another £120 for them to take this month.
I haven't had any luck in writing letters or speaking to them on the phone - in fact they actually transferred my account to debt management - even though I have been told it is the in-house debt team and not a collections agency.
Settled at 50% Clydesdale £155. Should have been £310 charges, plus interest Husbands Account.
SETTLED IN FULL: MBNA £1230. For Hubby.
Halifax £39.
RBS £342. For Hubby.
Cap One £200.
Abbey: Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!
COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.
Re: can the banks add unlawful charges whilst u r suing them?
The only way you could do it is to get an injunction but that will cost money.
P.
Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.
MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06
Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06
Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.
Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!
Re: can the banks add unlawful charges whilst u r suing them?
The charges aren't illegal, they are unlawful. I'm not sure that it is unlawful to add charges whilst the account is in dispute either.
This just goes to prove that the charges are automated. I agree it's a pain in the rear just before Christmas, but you're dealing with a bank here - they don't care.
Re: can the banks add unlawful charges whilst u r suing them?
Originally Posted by Kerrie78
Hi. I'm in the same boat as you. I filed MCOL on Nov 8th, Abbey actually acknowledged it yesterday. But on 14th Nov they took £297 in charges from us, and there will be at least another £120 for them to take this month.
I haven't had any luck in writing letters or speaking to them on the phone - in fact they actually transferred my account to debt management - even though I have been told it is the in-house debt team and not a collections agency.
Kerrie my query is a bit different than yours, mine being that the charges are due to come out AFTER the bank have acknowledged my claim
Re: can the banks add unlawful charges whilst u r suing them?
Fron what I have read whether it is lawful or not they will still do it. I have seen loads of threads started by people who are on their second or third claim with the same bank due to charges being added whilst they were in the process of claiming.
Last christmas Abbey took £390 on December 15th. It was my little boys 5th birthday aswell, it took all of my husbands Christmas bonus and we could have bought loads of extra pressies with that.
Settled at 50% Clydesdale £155. Should have been £310 charges, plus interest Husbands Account.
SETTLED IN FULL: MBNA £1230. For Hubby.
Halifax £39.
RBS £342. For Hubby.
Cap One £200.
Abbey: Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!
COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.
Re: can the banks add unlawful charges whilst u r suing them?
My claim is for a total of £4751.67 inclusive of charges, interest, S69 interest and £120 court fee. And while they're phaffing around it is rising by 86p a day
Settled at 50% Clydesdale £155. Should have been £310 charges, plus interest Husbands Account.
SETTLED IN FULL: MBNA £1230. For Hubby.
Halifax £39.
RBS £342. For Hubby.
Cap One £200.
Abbey: Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!
COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.
Re: can the banks add unlawful charges whilst u r suing them?
I know. The majority of them came from 2004 when my husband was made redudant for 3 months. Abbey charged us, then during the week that they had taken them we accrued the following set of charges due to them leaving us with nothing to live on, so each month the charges just kept mounting up. Since then we have never got back out of the overdraft, they just kept increasing it to cover the charges, so it has got so big now that it's time to take action. Even if they do pay me back what I am claiming I will be able to pay the whole od off completely, plus have the extra £1700 to credit our new a/c with. It's just a matter of waiting until they decide to play ball (and hoping I don't mess up along the way).
If you do get anywhere with your letter can you keep the thread updated so that i can check progress.
Settled at 50% Clydesdale £155. Should have been £310 charges, plus interest Husbands Account.
SETTLED IN FULL: MBNA £1230. For Hubby.
Halifax £39.
RBS £342. For Hubby.
Cap One £200.
Abbey: Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!
COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.
Re: can the banks add unlawful charges whilst u r suing them?
Well - I received a letter off Abbey yesterday - I posted on my own thread KerrievsAbbey but nobody has replied.
It just says
"We are in the process of reviewing this claim and preparing our response. A defence will be filed in due course.
In the meantime, we note that you have claimed the sum of xxx in respect of charges that you say have been made on your Abbey account. However, you have not provided details as to how this sum was calculated. Similarly, you have failed to provide a Breakdown of the xx claimed by way of interest, showing how that amount is made up with reference to each charge.
As you will appreciate you will need to produce clear evidence to the Court regarding these amounts, and this information should have been supplied by you when you filed your claim. We should be grateful if you would provide such details to us as soon as possible"
I already sent at least 3 copies of my schedule of charges, with a clear breakdown. On Nov 17th I posted to Abbey and the court manager, and abbey signed for it on Nov 21st so I don't know what more they want??
Whether it is just a scare tactic i don't know.
Settled at 50% Clydesdale £155. Should have been £310 charges, plus interest Husbands Account.
SETTLED IN FULL: MBNA £1230. For Hubby.
Halifax £39.
RBS £342. For Hubby.
Cap One £200.
Abbey: Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!
COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.
Re: can the banks add unlawful charges whilst u r suing them?
i think that both of our claims were issued on the 8th.....? its my understanding that shAbbey has until 6/12/06 to file a defence or we win by default
Re: can the banks add unlawful charges whilst u r suing them?
Yes mine too was issued on the 8th. The way I read it was that it was deemed served on the 13th, so they had 14 days to acknowledge or file a defence, this had to be done before 27th Nov, but as they have acknowledged it extends their timeframe until 11th December, but their defence must be in before that date.
Knowing Abbey they will issue it round about the 14th though and still manage to get away with it.
Settled at 50% Clydesdale £155. Should have been £310 charges, plus interest Husbands Account.
SETTLED IN FULL: MBNA £1230. For Hubby.
Halifax £39.
RBS £342. For Hubby.
Cap One £200.
Abbey: Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!
COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.
can the banks add unlawful charges whilst u r suing them?** WON **
via MCOL, at the 'acknowledged' stage.
Reply With Quote
Husbands Account.
Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!
Originally Posted by Kerrie78
