Letter recieved re the telephone call sat morn. Thanks for you recent call.I'm sorry to hear that you're unhappy as you've recieved charges on your Abbey account. As discussed, an investigation of the charges relating to your account has been carried out. As they have been applied in line with our current tarriff of charges and haven't arisen as a result of a proven Abbey error, no futer refunds will be appiled. Please be assured I've carried out a full investigation for you and I hope you feel I've offered a fair response to all of the issues you've raised. I'll keep your file open for the next eight weeks and if I don't hear from you withtin that time, I'll assume that everything is resolved and will close your file. If you remain dissatified though, the leaflet you'll find with this letter explains your rights and how to take your complaint futher with Abbey. The leaflet also explains your ultimate right to refer your complaint to the Financial Ombudsman Service. Yours sincerly, Antony Turbitt. Manager, Banking Servicing. Any thoughts folks??

Letter recieved today from Eqidebt on behalf of Capital One: With reference to your recent correspondence your comments which have been duly noted (doesn't make sense I know, but I'm just noting down what they have written to me). Capital One has confirmed the correct balance outstanding on your account is £463.98 and you are liable for this amount. Interest charges have been added to your account as per the Terms and Conditions which you agreed to when you signed your application form.(I'm not disputing the interest....I want unfair charges back!!) Capital One requires all information regarding your dispute in writing to : Executive Office, ERC Dept, Capital One Bank(Europe)plc etc etc etc. Please note without your firm realistic proposals on the full balance outstanding, we are under our client's instrustions to continue action on this account. Yours sincerly, Equidebt. Do I just send my LBA to equidebt now or to both or not send at all? Chica

I have decided that I am claiming my Abbey Money back first and then with the proceeds I can get my money back form Halifax. Jonni2bad....any word back from Bankfodder with regards to the legality of the letter you were helping me compose? Thanks Chica

I've opened up a parachute account with the co-op and I am going to transfer everything to there. This month I am also going to file my moneyclaim online. Things are very tight moneywise here but my car broke down and is irrepairable so daddy is buying me a new one and lending me the money to pay for the claim. I have decided I'm doing Abbey first, then Halifax(£+default), and then when my money comes back to me, pay for the others I've got on the go. Thanks everyone for your support. I really appreciate it. Roll on next week for my moneyclaim!!!!

Got my £220 back. They didn't call back within an hour so I called them again, told them they had half an hour more to call me back. Within 5 mins got a call saying they will refund these charges as a goodwill gesture with exceptional circumstances!!! No mention was made of my claim so I didn't remind them!!hahaha And therefore nothing was said about full and final settlement or partial!! Got my £220 back!!!

I don't suppose you are going out to rob my bank for my money back are you?!?!?!?!? (I am joking by the way!!!) Will keep you updated on the situation.... 30 mins left!!!

said can't do anything till monday........told them I want this resolved today...they said will arrange a manager to call back sometime within 24 working hours...i said no, you can return my call within the hour, today is my food shopping day, I have no food to feed my two small children, I want this resolved within an hour, got put on hold again......they promised they will do their best to contact within an hour. I said fine,if I don't hear within an hour I will be back on the phone waiting for you to reslove this!! Was very calm and collected(which is ssoooo unlike me!!!) Waiting for call back now!!

have put me through to the banking centre..........have explianed the situation calmly asking how can i feed a family of 4 on £2.97???? put me on hold again, the telephone company is going to love this!!!! have quoted the relevant part of the letter saying will reverse charges.....

Am on the phone now listening to some silly hold music.

Thanks Karnievil Will do as you suggested. They did give me advance notice as it was noted on my last months bank statements.

Thats right, they said we'll reverse pending charges of £220 due out on the 18th August. I accepted as partial settlement and sent it back in their prepaid envelope. And now they have took £220 out of my account yesterday for charges!!!

The Shabbey sent me a letter on the 26th July as posted above saying that as a gesture of good will etc etc they will refund pending charges on my account if I replied within 3 weeks. That takes us up to 17th August. I replied 11 August saying thanks I'll take the £220 back as part settlement etc etc. And now they have took the £220 out!!! One other thing is that they are charging me for an unpaid standing order that was CANCELLED 3 months ago!!! I need this £220 otherwise I have no food or bus fares!!!!!!!!

I have bad credit,CCJ's and such so no chance of getting credit anywhere or even an overdraft. I'm thinking of phoning to have a go...what do you think?

I am well pi$$ed off with the Abbey. As posted above I recieved a letter saying we'll refunded your £220 charges as a gesture of goodwill......I replied saying thanks I'll take it as part settlement...guess what ....the B*****DS TOOK MY MONEY YESTERDAY!!!!!!!!!!!!!!!!!!!Leaving me with £2.97 for the entire month!!! Hello, family of four, no food in cupboard, no petrol in car etc............what the f*** am I going to do!!!???!!??!!?

Finally recieved my info after having to wait the full 40 days!!! They owe me £478 and I owe them £463.98. I'll have my card cleared and my £14.02 back aswell please!!! Request for repayment letter sent 120806.

I'm assuming that all this money to pay out gets refunded when I win my case? Cos so far its £10 DPA, £150 court costs approx, £100 Allocation Fee, someone has mentioned £65 for a warrant of execution....... I don't have this money lying around because the bank had already took it all!!!

I have received my statements from the halifax after they charged me a further £5.00 for the privledge. So just to clarify you have paid them £15 for your statements? I thought they were only allowed to charge £10 and this was a set fee!! Good luck aswell (not that we need it)!!!

Thanks I mean they could have been anybody couldn't they? I know what they were after ...money!!! Halifax know the account is in dispute as do Blair, Oliver and Scott but as of yet I haven't told Logic group cos I didn't even know about them until yesterday!!

I haven't submitted my claim yet, mainly because I can only afford to submit one claim per month really and I have two claims at the same time. One for the Abbey for £1791 and one for the Halifax for £1790 + removal of default. Which do I claim first? Any ideas?

For background please read Chica v's Halifax. Basically, Halifax told me that Blair,Oliver and Scott were dealing with my account. They told me this less than 3 weeks ago but yesterday I recieved a letter from the Logic Group acting for Halifax. I owe Halifax £1005.76 but am claiming £1767 plus interest etc from them for unlawful bank charges. Logic have phoned me today. Conversation went something like this: Me: Hello, hello, hello? (Just about to put phone down) Them: Mrs Chica? Me: Yes? Them: This is ... calling from the Logic Group on behalf of the Halifax. Can you cofirm your name, address, postcode and date of birth please? Me: No, you've got it infront of you haven't you? You've phoned me... Them: Its about your outstanding balance. Me: I know what it's about I recieved your letter yesterday. I'm in dealings with the CAB and have written to inform my creditors as such. Them: Can you confirm your details please? Me: No. Them: Well then I suggest you seek legal advise.( and hangs up) What was all that about? Have I just cocked up mega style or something? Advise please!! Chica

Letter recieved from Abbey today: 26 July 2006. Dear Chica, Thank you for your letters of 26 June 2006 and 12 July 2006. I am sorry that we have given you cause to complain in relation to the charges incurred on you Abbey Current Account. I have carefully consider the points you have raised, namely that you feel the charges are contrary to the Unfair Terms in Consumer Regulations 1999. The fact remains however that charges in question were promted by payment requests against insufficent funds. As such, they are valid and in line with our Terms and Conditions. Furthermore, having reviewed the history of your account, I can see this is not the first time you have incurred charges. I note you say that you are unhappy with the charges you have incurred over the past two years. If you felt at any time the charges were unfair or incorrect, then the matter should have been raised at the time. We do not feel that Abbey's charges are unfair under these regulations. When you opened the acoount with Abbey, you were provided with Terms and Conditions that detailed the charges taht become applicable should you breach the terms of the account. Abbey is upfront and transparent about all its banking charges as set out in the tariff of charges. The Office of Fair Trading accounment was in relation to credit cards default charges and not overdraft default charges or to other products, such as bank accounts. This means our tariff of charges continues to apply. Abbey's current account is good value and our charges compare fairly with other banks. For most people, banking is free and they do not incur charges. However, as a one off gesture of goodwill, I would like to offer to reverse charges which are currently pending on your account totalling £220, in full and final settlement of your complaint. Please confirm your acceptance by signing and returning the enclosed form in the prepaid envelope provided within 3 eeks. If Ido not hear from you in this time, I will have to assume you are not accepting the offer and it will be withdrawn. If the complaint escalates unto a claim in the county court, we will review each case individually, and if we feel that our relationship with our customer has broken down completely, we may decide to give notice to close the account under the T&C's. I accept that you did not set out to incurr charges. Ultimately however, it is your responsibility to moniter your account and ensure there are sufficent funds in your account at all times, even in exceptional circumstances. Any future charges will therefore have to stand. This is my final resolution letter. However if you would like to discuss this letter or have any new points you belive should be taken into consideration, and which may make a difference to the outcome of the investigation, please contact me within 14 days of the date of this letter on the above number. If I do not hear form you by then, and you have not askedus to extend that deadline for any reason, I will file my papaers accordingly. Should you remain dissatisfied with the outcome of our investigation, I would like to remind you that can refer your complaint to the financial ombudsman service. I enclose a booklet explaining how to take your complaint to the fos and should you wish to do so, there is a time limit of six months from the date of this letter. Yours sincerly, Simon Stokes Customer Resolution Manager Complaints. Enclose is a prepaid envelope and a letter saying: I acknowledge receipt of your offer to reverse pending charges totalling £220 on my Abbey Current Account and accept in full and final settlement of my compliant. Obviously I am not accepting £220 on a claim of nearly £2000!!! What's the next step? Anyone else had this? Chica

Hi all, Thanks for changing my title!!! In answer to your pm Jonni2bad. I am claiming £1671 charges, £119.91 interest, £10 dpa request fee, court costs and 8% from the date of my claim. I'm gonna borrow from the bank of dad I think for my court fees, but I have two claims that are due to be filed at the same time. Which do I do first? This for £1671 plus extra or the Abbey for £1916 plus extras????? Thanks everyone for all your support and help...I'm starting to get excited but at the same time I am extremley nervous!!] Chics

I was due to file my claim yesterday but I have no money. Can I file my claim the next time I get paid or am I best going to the bank of Dad?!?!?!?

Hi Jonni2bad This is the first letter I sent to halifax: my request for repayment of charges. 30 June 2006 Adrian Percy HBOS plc Trinity Road Halifax HX1 2RG Account Number: xxxx Dear Sir: Request for repayment of charges: My Request I am writing to ask you to refund to me the charges that you have levied from my account over the last 6 years. I now understand that the regime of fees, which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth, are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs. Additionally, it has now been confirmed that your particularly high level of penalties are consider to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary. Your responsibilities I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of the contract that you would conduct yourselves lawfully and in a manner that complied with the UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I consider that your repeated representations that your charges are fair and reasonable are deceptive and that you have deceived me into agreeing to pay for them. Your concealment of the true nature of your charges has prevented me from asserting my right until now. What I require I calculate that you have taken £1676. I enclose a schedule of the charges which I am claiming with this letter. My targets to resolve this matter I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment. If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline. This is the second letter LBA: 12 July 2006 Lianne Sailsbury Po BOX 607 Trinity Road Halifax HX1 2UJ LETTER BEFORE ACTION Dear Sir/Madam, Re number: I am very disappointed that you have failed to respond to my letter of the 30 June 2006. I now understand that the regime of ‘fees’ that you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. I would draw your attention to the terms of the contract that you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner that complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I calculate that you have taken £1676 plus £119.91 which you have charged me in overdraft interest for the sum which you have taken. Total £1795.91. I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 30 June 2006. Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity’s caused directly by the taking by you of penalty charges which you had applied unlawfully to my account. In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable. I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice. With regards to the debt recovery agents, Blair Oliver and Scott, a repayment plan has been in place since February 2006 at a rate of £4.57 per month. As you have accepted these payments I have reduced my moneys owing to you accordingly. I have sent a copy of this letter to Blair Oliver and Scott at the address you provided. I hope I have worded these correctly and I'll pm you later with details of other defaults. These were mainly caused (sorry not helped) by bad advice from debt management companies. We got into financial trouble soon after we bought our house and I sought help form a company in Nov 04. They advised me to stop paying, and to not even give token payments as some creditors may end up with more than others. We then looked into doing an IVA. The 1st company took money from us and then told us we couldn't set up the IVA and passed us on to someone else. They took money from us also and then told us we didn't have enough disposabile income to do an IVA, and passedus onto a third company. They took money from us and set us up on a DMP in feb 06. Since then I have recieved two CCJ's, one of which has culmiated into a charging order on our house. I am now in dealings with the CAB who are trying to help sort out this mess!! PM you in a while Chica

I was defaulted for £1027 on the 24.12.04. The charges at that date were £1620. I have only been charged £28 * 2 since then. This is another of the reasons why I thought all interest etc had been frozen on the account along with the fact that I'm in a DMP with them. Have they cocked up here or something? Sorry I haven't been on for a while. Just started back at work after an abscence of 8 weeks and have been shattered!!