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ohoh4312

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Everything posted by ohoh4312

  1. Just wanted to say hi and good luck, and thanks for all your help and advice. Wish I could return the compliment but feel a bit of a thicko on here :o - you all seem so knowledgeable! Anyway best of luck - got everything crossed for you! Jo xx
  2. See - told you! Good luck with it Regards Jo xx
  3. Did you send standard SAR quoting Data Protection etc? If so and it is over 40 days you can complain to the Information Commisioner because they are witholding personal information from you. Will get back to you with the details, but as everyone else is so much more knowledgable they will probably post the info beforehand. brb Jo x
  4. Oh I see - thanks so much for that Andy. Has made me feel better to know that maybe they are not victimising me then. Thanks again Jo xx
  5. Its just happenned again!!!!!!!!!!!! Went to pay for something and card was declined. Can't ring them again - so mad I am sitting here in tears. Anyone got any suggestions as to how I can sort this out please, please please! Jo xx
  6. Was ironing and took a break - and sat on my glasses and completely trashed them!!!! So am struggling to see computer screen, but all I will say is could not find any other info - Abbey seem to be hiding - followed loads of links on their own website for help re T & C's but pages have been deleted. Funny that!?!?! Good luck Jo xx
  7. Hi badboy I can't find anything in the T & C's about restricting or downgrading your account, only these two clauses, which you may already know: 16.4 Terminating or suspending use of your card or cheque book a) We may terminate or suspend your right to use a card or cheque book at any time if we believe that it is necessary for our protection. Unless we consider that more urgent action is necessary, we will give you at least 7 days' notice. 24 b) We may close your account without giving any reason. If we decide to do this we will, wherever possible, give you at least 30 days' notice unless there are exceptional circumstances, e.g. fraud. What I couldn't find anywhere is where it says, or should say, what recourse the consumer has should Abbey take action as above without proper grounds. Any contract surely must be retrospective; it cant work that one party can take action and the other party cannot challenge that action if it believes the action taken is unfounded. (Hope you can make sense of what I am trying to say!) All it says is that you can close the account/cut up your own cards if you so wish! And also that parts of the contract are governed by the Consumer Credit Act 1974, but only if you have signed the agreement binding you to the legislation of the Act. You have got me going again now - heads spinning again! Gotta go feed my hungry monkeys now, but I will do a bit more research later and get back to you if I find anything. Jo xx
  8. Aw thanks Leecabs:) Just a bit down at the moment, and probably over-reacted. Other half gone to Gibraltar to work, and I am left looking after kids, house etc and this claim on top. Just feeling sorry for myself. And I can't move some of the DD's yet because they are in joint names and need his signature on the new instruction - blooming typical! Thanks for your kind thoughts, I will pick myself up and try to carry on regardless! Jo xx
  9. Oh my God thats awful badboy - I really hope you get it sorted x But thats exactly the sort of thing I think they are up to with me, and I think I know why: We opened a parachute account before we started the whole process, just in case, so there was not as much money going into the Abbey as usual, just enough to cover the bills. Didn't move all the DD's - thought we would do that at a later stage. After we had started the claim, we received a letter saying they had noticed the way we ran the account had changed, and they may have to consider withdrawing the overdraft - what a surprise! Anyway, last week - 5th June to be precise - we paid a very large cheque into the Abbey, the proceeds from a loan which had to be paid into the joint account unfortunately,: Coincidence 1 - it was the 6th June the GoGW was put into the account. Lunchtime today my card is declined: Coincidence 2 - I transferred a large chunk of the cheque proceeds into my Nationwide savings account on Friday, which cleared in there this morning. Most of it is already spoken for, but I get a good rate of interest from the Nationwide, even for a short time, so why the hell not? Seems like they are monitoring the account very closely to me, but none of the above constitutes abuse of the account. I am entitled to move my money wherever I like. Problem I have is now they have seen that money they will think I don't need any more from them! Sometimes I really wish I had never opened this can of worms; the way bad luck follows me around, I think this is just a taster of what is to come. Jo
  10. Ok, I rang them again - quote: its the two websites I used the card on that have the problem!!!!!!!!!!! They insist they have not stopped my card or frozen my account - "maybe I entered the wrong details?" I am the Queen of armchair shopping - I know all my card details off by heart, and would not have input the wrong info 4 times!!!!! So, after the phone call I tried to pay for something else on another site, and lo and behold the card worked! Still think its darn fishy, but it must just be a coincidence - after all, the Abbey would never stoop that low, would they? Jo x
  11. Now I am LIVID! Ordered some stuff for my holiday over the net last week, and got a letter yesterday saying unfortunately the order had been cancelled because the card issuer had declined the payment. Guess which card it was?! But I wasn't too bothered, thought I had probably keyed wrong info. But I have just tried to pay my Council Tax online today, and my card was DECLINED! There is over £3,000 in the account - only wanted to pay £121. Just rang them, and they said they hadn't declined it, but tried three times and got same message. Something very fishy is afoot here, and I don't like it. What should I do? Any suggestions/help/advice gratefully received. Thanks Jo x
  12. ohoh4312

    Hi everyone...

    You need to send a letter declining the offer as full settlement of your claim, but in most cases they dont take it back - I got some put in my account, and was told it was mine whatever I decided to do! Not very good with links and things, but there are templates for rejection letters, have a look in the library, or hopefully some clever old stick here will post you a link direct to what you need! Best of luck Jo x
  13. Thanks badboy - already sent rejection letter last thursday, as above. Got what I presume is Stage 2 letter today, from Richard Harris, stating they need another 4 weeks - what a surprise! But my letter gives them 14 days, and I am sticking to that. The 14 days is up on the 21st June, and I intend to have everything ready, and will be walking up to the court on the morning of the 22nd, N1 in hand, if they haven't replied, which I really dont think they will. The whole court thing still scares the hell out of me, but the more they mess me about, the stronger I am getting (or maybe thats just anger!), and I am going to see it through to the (hopefully glorious) end, walking away with a possible 10 grand (omg!) and sticking two fingers up at Abbey! Jo x
  14. This could almost be funny: Postman was really late today, but when he came there were TWO letters from Abbey. One is dated 4th June, and is from the Banking Specialist Team - standard letter saying their charges are correct etc etc and offering me £480 as a goodwill gesture (this includes £50 of charges for last month where I went £4 over the overdraft, that they have magnanimously cancelled!) Also says case is closed in essence, unless we respond within the next eight weeks. The other letter is dated 5th June, and is from Complaints Dept., and it says that although it has been 8 weeks since we first contacted Abbey, the investigation is still on-going and they are unable to give a full response just now! Case of right hand/left hand me thinks! Anyway, I have sent a response today by Special Delivery, quoting the two letters and asking them to clarify what exactly is going on. I also wrote: However, notwithstanding our confusion, we hereby decline this offer as full settlement of our claim, but, as the interest we are entitled to claim if the case goes to court is accruing daily, we are prepared to make a final offer of settlement, namely: "Standard without prejudice paragraph for the original lower figure we offered to accept, less the £480." For the avoidance of doubt, should we not receive £6,375 within 14 days of the date of this letter, we shall commence proceedings through the County Court without further warning. Don't suppose this will provoke any reaction, but hopefully will look good in Court, if it goes that far, that their letters contradict each other, and also that we tried again to settle before court proceedings. Any thoughts/suggestions welcome. Jo x
  15. Yep I have followed all the procedures - last letter on 15th May was LBA, giving them till 29th to cough up or else! Just compiling letter now - will go Special Delivery 3pm this afternoon to be delivered before 1pm tomorrow. Tempted to be rude and tell them where to stick their £430 (!) but of course I won't be Jo x
  16. Yes thats precisely what you can claim - Cleared transactions, Unpaid Direct Debit Fees and Unauthorised O/D Fees. Have a look at the FAQS at the top of the frorum. Good Luck x
  17. Thanks Leecabs and feater - was writing my latest post while you were replying to me! Cheers for the advice and reassurance. Jo x
  18. Right, I have just spoken to Josh in the Abbey Complaints Dept., to be told that £430 is a GoGW which they think is a fair amount! £430 out of £7,500? I don't think so! But I kept very calm and just politely asked why I had not been informed they were doing this, and why I could not decline the offer BEFORE the money was put in the bank? Apparently there should be a letter to me about it, but they think it is a "nice way" to do things, oh and by the way, quote "the money is yours now whatever you decide to do!" Whoop dee dooo! "Are you declining this offer then?" Josh asks. (Well what the hell do you think!) "I am afraid so" I politely reply. "OK then, we will have to move your claim onto Stage 2." Put on hold for 5 minutes. "Hi there, ok I have moved you onto Stage 2, and you will hear from us in the next 5 working days." So what now? If I file at court before I have received their "Stage 2" letter, whatever that might be, do I compromise the situation by not allowing them time to write to me, or what? Does anyone know what Stage 2 actually is? He wouldn't go into to details, just said I would have to wait for the letter. Help/Advice/Anything PLEASE!!!! Thanks Jo x
  19. Ok, so telephone bankinhg have no idea what these refunds are for - what a surprise! Quote: "there is probably a letter in the post to you regarding them. If not you will have to write to Banking Services and ask for an explanation." Probably a letter in the post? Have to ask for an explanation??!!? I am getting angrier by the minute - these "refunds" constitute just over 5% of the total claim - I call that an insult! And where do they get off just putting it in my account without informing me? I cant accept/reject something I haven't even been officially offered. If I touch this pittance, does that constitute acceptance by default? PLEASE HELP! I feel as though they have me cornered, and I really would appreciate any advice on this. Thanks Jo x
  20. Thanks for that Leecabs. But I am still in the process of asembling everything for the court claim - haven't actually filed yet, so do I deduct these charges from the claim? And if I do, I don't even know which ones they are refunding, which makes the interest calculation difficult, if not impossible (I could take them from 2001, say, and they could say they were from 2004), meaning I lose out on the interest for the oldest ones, if you se what I mean. My head is spinning and I really am stuck. I think I will call the Abbey telephone banking and see if I can get some sense out of them. (not hopeful!) In the meantime, if anyone else has had, and resolved, a similar problem I would love to hear about it, so I can stop doing the "headless chicken" thing! Thanks all Jo x
  21. Oh my goodness! Have just checked account online, and there are 15 "miscellaneous fee refunds" credited today, totalling a paltry £430. They have given me no notification of this, and seeing as my claim is for £7500, I am pretty damn angry! What should my next course of action be? Should I query it with them, or still go ahead with court claim? Please help - I would have rathered they had done nothing than this! Any help much appreciated Thanks Jo x
  22. Well, I am no expert, but if ever there was a case to be investigated by the Financial Ombudsman (or similar), it's this one. I can't believe they have suspended your account before you even asked for the money back! You really need expert advice on this one - this could open the floodgates for complaints re Abbey banking practises. I would write to the Abbey complaints dept. in Milton Keynes, detailing the order of events, and threatening them with legal action and the Ombudsman, as (I believe) they have no grounds for withdrawing your account. You also need to get a copy of the Terms and Conditions relating to your account, and check if there is a clause in there regarding them breaching their own T & C's, and quote that in your letter. Also see in the T & C's what grounds they give for being able to withdraw banking services. Hopefully they have shot themselves in the foot! Hopefully someone else on here can give you more detailed legal/expert advice, but I seriously think you have a good case and wish you the very best of luck. Jo xx
  23. Thanks badboy - yes I was wondering about leaving "value" box blank. On the N1 form it doesnt ask about overdraft interest, but to be honest it doesnt amount to much and is too difficult for me extract the correct figures, but I am quite happy going after the "Shabbey" for 7.5 k plus statutory interest - total figure £9,500 - that will do! Thanks so much for your help, and good luck to you Jo xxx
  24. Thanks AmeythystDragon - now I need to pick your brains a bit more! I am very new to this site, and originally used the calculator from MoneySavingsExpert.com to compile my spreadsheet, but it will be easy to transfer the data from mine to this one. On the post I read re the N1 claim form, it said to leave the "value" box on page 1 blank - is that correct? The Particulars of Claim I cribbed from said post are as follows: 1. The Claimant has an account - a/c no xxxx - ("the Account") with the Defendant which was opened on or around (date). 2. During the period in which the Account has been operating the Defendant has debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant. 3. A list of the charges applied is attached to these Particulars of Claim. 4. The Claimant contends that: a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of costs incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect ofany breaches of contract on the part of the Claimant; and are not intended to represent or relate to any alleged actual loss, but instead unduly enrich the Defendant which excercises 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 Contract Regulations (1999), The Unfair Contract Terms Act 1977, and common law. 5. Accordingly, the Claimant claims: a) the return of all amounts debited in respect of the afore-mentioned charges in the sum of £xxxx, and any interest charged thereon; b) court costs; c) interest pursuant to Section 69 of The County Courts Act, as set out on the attached Schedule of Charges, or at such rate and for such periods as the Court deems just. Is this sufficient/acceptable? Thanks again - I really ought to pay you a commission! Regards Jo
  25. Wow, thanks - did wonder about MCOL because of size of claim, but couldn't find any info on alternate ways till now. Printed off form to work out what to put on it, found exactly what I needed to write from another post, so thank you thank you thank you! Do I have to take the forms to my local court personally to be processed when they are done then? And also, I created a Schedule of Charges initially to send to Abbey showing the 8% interest also, but I didn't put what each charge is for. Do I need to that, and is that Schedule sufficient for the court claim, or do i need to include all the bank statements as well? Sorry for being thick but like everyone I have only one chance to get it right. Last thing (!) - the Schedule I did has the interest calculation as at 11th May, the day I was sending it to Abbey. Do I need to recalculate it all (help, it took me a whole day to do!), to the date of submission to the Court, or will that be done automatically? Seriously appreciate any help. Thanks so much x
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