mariejader v Abbey **DEFENCE STRUCK OUT!**WON**

**mariejader** · 28th February 2007 12:22

Having followed all the details on here I have now completed my N1 returned it to the court and it was served on Abbey icon

last Friday they have till the 9th of March to reply.

I have just received a letter which I think is slightly different to most of yours:-

Thank you for your letter dated xxx about bank charges. I am sorry you feel these contravene the Unfair Terms in Consumer Contracts Regulations 1999.

Having carried out a full investigation, we are satisfied the charges do not contravene those regulations and therefore cannot agree to refund them.

The regulations say that we must explain our charges in plain language and that we have to act in good faith, which, according to the OFT, means dealing fairly and openly with customers.

I therefore reviewd the literature and information you received when you opened your account, including the terms and conditions. This explains that charges will be applied if you do not keep to the terms of the account. Because of this, I believe we have been fair and open in telling you about them. The charges were correct because you did not have enough money in your account to cover payments requested from it. When I looked at the history for your account I found that, unfortunately, this was not the first time this has happened.

I am confident that I have been fair and have taken into account all the points you made in your letter, but if you have any additional points that you would like to discuss with me, please call me on xxxx. I have enclosed a leaflet about the fos, in case you are not happy with my investigation or decision. If so, you should contact them within six months of the date of this letter, enclosing a copy of it, as they would need tthis for their investigation.

I hope we can work together to help you avoid charges in the future. Little things can help, like checking your account balance as often as possible and looking at the dates of direct debits to make sure they are teken shortly after money is paid in. In addition, we might be able to help by providing an overdraft facility to give you more flexibility. This could help to keep your costs down, as there are no charges unless you exceed your overdraft limit. So, if you would like to talk to someone about the options available, please call our telephone banking centre on xxxxx. Alternatively, if you think you might need longer-term help to manage your bank account, please call xxxxx and we'll be happy to help.

Any comments?

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**mariejader** · 28th February 2007 12:26

I hope we can work together to help you avoid charges in the future. Little things can help, like checking your account balance as often as possible and looking at the dates of direct debits to make sure they are teken shortly after money is paid in. In addition, we might be able to help by providing an overdraft facility to give you more flexibility.

They quite clearly have not looked at my account the last time a charge was applied was March 2004 and then interest September 2004.

Since then I have no dd or payments going out of this account and it's just short of £500 in credit.

What do you think I should do give them a call and point out the above or just sit and wait?

To date I have not received any GOGW offers like the rest of you

**mariejader** · 1st March 2007 12:00

bump

**mariejader** · 6th March 2007 10:53

seems like I am the only one replying to my thread

Well Abbey icon

have till Friday to respond to my N1 claim, I can't wait

**Kerrie78** · 6th March 2007 10:59

It's a standard letter, they probably didn't even check your account before sending it to you.

**mariejader** · 6th March 2007 11:03

that's what I thought obviously they have not looked properly into my case before sending out their usual standard CR*P

**charleyfarley** · 6th March 2007 12:26

Hi Marie,

Just had a quick read of your letter and it's word for word the same as a letter I received on 12thFeb apart from I had a two line paragraph about a GOGW payment they'd made, and they offered me an increased overdraft icon

where they offered you an overdraft facility.

Otherwise it's identical and it's so obvious that they haven't really done anything because they withdrew my o/d facility on Jan 1st, and here they are 6 weeks later offering me an increase!!

**mariejader** · 6th March 2007 13:12

It does seem stange to me that they say they have investigate fully but obvioulsy they have not!!!

Also everyone else apart from me has received a GOGW offer, I wonder if this is because I have been a good girl since 2004?

I am in two minds if I should call them or just sit and wait until next week?

**Kerrie78** · 6th March 2007 14:42

I am on my second claim with them because since starting my first claim (which is at court stage) they have taken another £700 since November. I have not used the account since this date and my account was within the od limit when I left it, but now I am over the overdraft icon

limit and they are sending me nasty letters saying they will send my account to a credit reference agency and default me for not making any payments.
The 2 letters I have received off them for my second case are word for word the same as what I got for my first claim! They must just have a stack full of numbered letters and they pull one of the top and send it out, whether it's relevent or not.
I haven't had any joy with phoning them, and now I have been advised to wait until my court date is through until I try again.

I hope you have better luck than me, because I started in July!

**mariejader** · 6th March 2007 15:06

Thanks Kerry I started in March it took them until July I think from memory to send the statements (sorry all dates were in my signature icon

) but due to other matters at home I did not do anything till December.

**KnellyK** · 7th March 2007 00:17

Hi Marie

They haven't offered me a GOGW yet either so I feel a bit left out of the Abbey icon

GOGW club too!

KnellyK

**jcaps** · 7th March 2007 09:27

they offered me £60 which I took more as an insult

**mariejader** · 7th March 2007 10:37

KnellyK if you don't mind me asking is your account in credit? Don't feel you have to answer that

Just wondering if there was a pattern to the offers they are making

**mariejader** · 7th March 2007 14:59

well I have phoned the court to see if there have been any correspondence receive from Abbey icon

and guess what?

They acknowledged my claims on the 27th Feb 2 working days after it was served and they are defending in full, so now they have until the 23rd March so I am told to reply to the court.

Can someone answer this as I am now confused, the lady at the court said that this means they have a further 2 weeks which takes them to the 23rd March, does the two weeks start from the date they were orignally to reply which was this Friday 9th or does the two weeks start from the 27th which would then take it to the 13th March?

**mariejader** · 7th March 2007 15:16

think I have found the answer if someone can just confirm

It's 28 days after service has been served which would take me to the 23rd.

**KnellyK** · 7th March 2007 23:17

Hi Marie
As a matter of fact, the account is over the agreed overdraft icon

limit (because of their damn charges) I tried to arrange to pay them off over a month (we get money paid in at various times in the month) but, when I said that a couple of the credits were benefits they seemed to stop listening to what I was proposing, kept saying they'd cancel all transactions on the account and take payments from the other non-benefit credits! So that's what happened and now we have a useless bank acount til the charges are paid! That was the straw that broke the camels back and made me decide enough is enough! So, maybe that's why I'm not in the GOGW club! (I can wait!)

KnellyK

**mariejader** · 10th March 2007 21:41

Received the paperwork from the court yesterday advising Abbey icon

has filed an acknowledgement of Service on the 25th Feb.

When I took my original paperwork to court (3 x N1 and list of charges etc) I left them all there,

It took a week for the court to raise the notice of issue which they sent me a copy, however I have not received my copy of the N1 back should I have a copy?

**Mad Nick** · 10th March 2007 22:15

Marie, I believe you should, yes - a nicely court-stamped copy with the claim # entered on it. Regards, Mad Nick.

**joneshousehold** · 11th March 2007 08:20

Good luck with your claim Marie. I have had pretty much the same experience as Kelly, my second claim has produced the same letters as my first. Abbey icon

will just string you along until the final deadline and then pay up. Hold tight. You will probably need to produce a bundle to the court and an allocation questionnaire icon

so you might be wise getting some research done about what these entail so you are ready when that stage is reached.

**alexted** · 11th March 2007 09:25

Originally Posted by Mad Nick

Marie, I believe you should, yes - a nicely court-stamped copy with the claim # entered on it. Regards, Mad Nick.

Oh no I think I've screwed up!

I sent 2 copies of the N1 to the court and KEPT a copy for myself, which obviously means it doesn't have a court stamp on it. Is this going to be a problem?

Sorry for highjacking your thread, Marie.

Thread: mariejader v Abbey DEFENCE STRUCK OUT!WON**

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