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Is it good or bad that we had almost all of our statements on our joint account with Abbeyfrom 2001? We spent most of last weekend reading up on what to do, listing the charges and downloading the template letter. It was posted on Tuesday and today we received the 'Sorry you've been so unhappy you felt you must complain' letter! Whilst we're impressed with the speed of the response we're not going to let them delay us by a further 2 weeks, we're preparing the lba so it's ready to go a week on Tuesday! Fingers crossed they'll be as quick with the refund!
It's good I think..........I had most of my statements although my OH went on a shredding spree last year, so the really old ones had gone but as far as I was concerned the recent ones are the important ones.
Knelly, we all felt that way at the start, and at various stages throught the process. But you are correct, you are not alone, and we are all in this together.
Best of luck with the claim, keep posting, and you'll be fine.
With that attitude you will sail through this process and have your money back sooner rather than later. You have really grabbed what this site is all about, which is self help, but with all the back-up, support and confidence boosting you could wish for.
Well done the pair of you. I'll keep an eye on both your stories and follow the action.
Thanks Airbag and Louis for the moral support and encouragement!
Sadly, I've suffered a bit of a set back today! I tracked my 'signed for' lba that I posted on 20th February only to get a message saying "try later " (I sent it 1st class and it should have arrived the next day), I phoned Royal Mail, they tracked it and got the same message, they explained that the letter won't be listed as 'missing' til 10th March! They also said that it could be because the letter was to a PO Box, it may have been delivered but no signature has been provided yet! (If I were a cynic I might think that this was an Abbey delay tactic!).
So, I've considered the options, I can either wait and see if the letter is signed for before 10th March or I can send another copy with a covering letter explaining that I sent the original on 20th, inform that them that my action will commence 14 days after I see the confirmation of delivery of either of the letters! Also, if I send another letter I'm edging my bets, the timescale only moves back a week and most importantly, I can add the 'pending' charges that they'll be taking on 10th March to my schedule so that they're not shocked when they're included in my N1.
I'm going to post another letter to Abbey tomorrow!
I sent the original letter to PO Box 32, the 'sorry you feel you have to complain' letter came from Milton Keynes but this is also a PO Box so, I think I'll gve the Triton Square address a whirl!
If you've still got the tracking paperwork that's proof you sent it and that's all you need, although obviously if it's tactically better to send another letter with amended charges you can do so.
Yes Advoc8, you're right, I have proof that I sent it, but I suppose they'd have the opportunity to argue it's not proof they got it!
I think I'd feel better sending the 2nd letter as I can amend my schedule and give them the (correct!) impression that I'm on the ball and keeping an eye on the 'ticking clock'!
If there is suddenly a 'problem' with the po box address, and with Abbey I wouldn't bet against it, consider trying this.
Take 2 copies of your letter into your local branch, Get the staff to date stamp both copies, (both should have a line in it somewhere stating what you have done), and get them to send one copy through internal mail. You keep the other as proof of posting.
It is a touch long winded, but makes sure the job is done.
My local branch is only open part time BUT... the good news is, it is open on a Wednesday, which is tomorrow so, after I've checked the Royal Mail website (Just in case there's confirmation of delivery - wouldn't want to look a nit!) I'll pop in and ask the staff to do that for me! And it's not as long winded as if I'd had to wait 'til Friday which is the next time they're open!)
At lunchtime today I deposited my letter - explaining that I know that the 'signed for' letter hadn't yet been signed for, I enclosed a copy of the original letter and an updated schedule, including pending charges! - at my local Abbey branch. The girl there was happy to date stamp and sign both copies and put one copy in the internal post for me and I've kept the other copy!
Just 14 days to wait now and i'll be completing my my N1!
Just further proof that where there's a will there's a way.
The branch staff, in my opinion, are quite fascinated about reclaiming bank charges, and will go out of there way to talk about/help your claim if possible.
The waiting in between letters is a bit frustrating, but the best thing is that its YOUR timeframe, and not theirs. Its ironic in my opinion that this entire process is really turning the world of 'high street banking' on its head, and for the first time ever, WE are in control.
Well done Knelly, your right on top of this, Abbey must know by now that you have them by the short and curlies, and are not afraid to give them a squeeze.
Yesterday I received a letter, dated 8th March, telling me they're still investigating my 'complaint', that they're sorry for the delay, thanking me for my continued patience and telling me their research is taking longer than expected so it'll take tham another 4 weeks! But my complaint is very important to them!
I don't remember making a complaint! I do remember sending a request for my money back, this was followed by the lba - interestingly the one sent 'signed for' in the post still hasn't been signed for! (and I have the PO looking into that) but I do know that the one I took into the local branch was signed and stamped as received and put into the internal post, so they have received that! - My deadline for that is Thursday 15th and that's when the N1 will be taken to court!
Last week I was moaning that we hadn't had a GOGW, it seems I need to take that back because -also on 8th March - there were 8 credits of fee refunds made to my account although as yet, I've had no explanation as to what they're for! Or even if they are a GOGW! These refunds total £245, my claim is for over £4,000 charges that they've taken from me over 6 years!
Knelly I used mcol for my n1, simple to use and fast, heres a good template for the statement.
Account account number xxx.During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of breaches of contract on the part of the Claimant.3.The Claimant contends that:a)The charges debited to the Account exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.b)The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations(1999),the Unfair Contract Terms Act 1977 and the common law.5.Accordingly the Claimant claims:a)the return of the amounts debited in respect of charges in the sum of £xxxx and interest £xxxx charged thereon; b)Court costs;c)Interest pursuant to section 69 County Courts Act.
Another update!
Today I received another letter, also dated 08 March, thanking me for my letter dated 06 Feb - (preliminary request) it was from Duncan Ford - Senior Customer Resolutions Manager (I hope that doesn't mean I'm a senior customer!!), in this letter he states, 'Although the charges were correct and lawful, as a gesture of goodwill I am happy to cancel £350.00 inclusive of any charges yet to be debited to your account.'
He also adds, 'You have requested a Breakdown of how our charges are apportioned and I regret that I am unable to provide you with the specific information that you have requested.'
So, for my next step, I'll write back to thank him for cancelling the £350 and tell him that I really wanted a full settlement, but I'll cancel £350 (including the ones not yet charged to the account) on my schedule of charges and add a note, so that the court can see why I've done this, and I'll inform him that I'll be sticking to the timescale as stated in my lba!
KnellyK v Abbey***WON***
so it's ready to go a week on Tuesday! Fingers crossed they'll be as quick with the refund!
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