My Daughter Sue cancelled her subscription to Fitness First on Sept 6th 2007.Last payment on 17th Sept. '07 Her DDSO was cancelled at her bank and at the gym in person, not by letter. Although, recorded on computer at the gym where she was a member. The Fitness First head office re-instated the DDSO on the 19th Sept. '07. Stupidly, my daughter did not check her bank statements. So 12 payments of £34.95 were paid out. When the mistake was realised, Sue immediately informed her bank (Lloyds) and they stated that they could not retrieve more than 6 months payments. This being due to the indemnity rules, they say. Local Fitness First would not provide, as proof of the cancellation, a printout of the cancellation on file because of 'Health and Safety', so they say. The question is; How do we ensure a full refund of 12 payments, a total of £419.40? We will be over the moon if you can advise us of our rights.

Sorry, part of my message has got lost. The problem is that my daughter signed up for a club membership and signed a ddso. Because of severe back problems she could not use the club for any strenuous excersise. She was told that her membership could be put on hold. She was given an acknowledgement to that affect. She was happy with that. But the club began to take payments on the ddso without warning, or permission. They did not tell her that they were re-instating the monthly payments. The money is around £200. What to do now?

What I need to know is, the best form of action to take to get the unauthorised subs back. I have to say that it's partly her own fault for not checking her bank statements. However, it seems to me that to just restart a payment scheme put on hold, without any authorisation or notice is underhand and bordering on dishonest. Please can you advise on the steps to take to put the frighteners on these nice people who will not refund the money they took.We have tried to be nice and ask politely but they refuse to make a refund.

Today I have won. A final payment cheque arrived in the morning post. The funny thing is that the cheque was drawn on the NatWest!! Don't Abbey trust their own bank?

I have just got my Judgement by Default from the court office. Abbey did not acknowledge receipt of the forms nor post a defence. So I can assume they have lost. But I suppose that I must go thro' the rigmarole of waiting for them to apply to have the Judgement set aside, or whatever process is is legal. I would love to have bailiffs with me to march into my branch and threaten to remove goods to the value of my claim!!

Got 'em, I have now Judgement for Claiment (in default) notice. Abbey did not defend, nor acknowledge receipt of claim form. I suppose this a means of further dragging out the process. They can always say they did not receive the forms, so they can petition to have the Judgement set aside. If that happens, what would be my next step?

Hi,Robd, Thanks for the help to date. Just one more numpty question. To whom, do I send the scans? As for the Abuse of Process Order, do I send it in with my summons, or hold on for later on.

This is it. Thursday 17th May is when I lodge the court papers. I wish I knew how to get the experts a look over the paperwork before it goes into court, but I don't know how.

I feel a bit of a twit. I've got it, so no worries folks.

Sorry to be a numpty, but I can't input into the court Particulars Of Claim form. What do I need to do so that I get my stuff i.e fiill it in ,onto the form?

What a service!! You are the best!! Next question. I can't find the page with the Abbey Head Office, need it for the court form. Please , if you will. I will make the offer to Abbey, not that I expect any kind of sensible reply. They never acknowledge my letters if they think I am getting serious. Should the offer be by phone or letter?

Thanks for that Robdblynd. And good luck to you too. Just had a letter from Abbey telling me that they will cancel my overdraft 1st July, and want all money back. They have not acknowledged my 'LBA', they just want to screw me over again.

I set the 'Letter Before Action' dated 31st April. Still some days to go before going to court. There is one question, there is more fees added since I calculated the claim sum. I know I can add on extra at a later date, but what is the proceedure? Please advise.

I sent the Letter of Intent on 31st April. When the 14 day deadline is reached I will start proceedings.

Here is the situation to date. 26th March; I sent letter asking for all charges and interest charged to my account to be returned. No threat mentioned. 29th March; Received from Abbey Letter telling me that they will 'investigate' my complaint and that it will take four weeks to complete. 30th March; I respond that I am not prepared to wait for investigations and I want an answer by return whether or not they are prepared to repay my money. Should I include a threat of court action at this point? (I have not yet sent the letter)

Thanks for that. Now I know!!

Thanks Nick, I actually had a bundle of statements in the post within days of my request/demand. All I need to do is to calculate the the total penalties and go for it. Just one point, is the interest charged that which relates to the cost of the overdraft, or is the interest they charge when they have levied penalties which put me further unorthorised overdrawn?

I sent an SAR to Abbey on 14th Feb, Had reply on 23rd Feb. I would like to post the entire letter here, but me not know how. Advice please. Firstly, Abbey sent back my £10 cheque.This what they wrote. "The transactional information you require is available on our systems and will be forwarded to you, free of charge under separate cover. Therefor we are returning the £10 fee for this service. With regards to any 'manual interventions' that may have been made on your account. We consider 'manual interventions' to mean an action that is not automatic or computer-driven. Not all manual interventions are recorded, for example if a member of staff looks at a paper document relating to an account, a record is not always required. Similarly some interventions may relate to work carried by a department rather than individuals where no record of activity is kept because this is not the kind of information we need, or more importantly, that a customer would usually request. " Thats it. Now how should I respond? Any ideas, or is this a situation that I can just let run out to the 40 day i gave them in my SAR letter?

Thanks JOSAMOLLY, that is very helpfull. It looks like it's all there. I sent my SAR letter to Abbey on the 14th Feb. Received their reply today 26th Feb. They write that, The transactional information I require is available on our systems and will be forwarded to me free of charge. They have sent back my £10 cheque. They go on to say that; " With regard to 'manual intervention' that may have been made on your account. We consider 'manual intervention'to mean an action that is not automatic or computer driven. (Stating the obvious) Not all manual interventions are recorded, for example if a member of staff looks at a paper document relating to an account, a record is not always required. Similarly,some interventions may relate to work carried out by a department rather than an individuals where no central record of activity is kept because this is not the kind of information we need, or more importantly, that a customer would usually request." Incidentally, they did send me acopy of an August 2006 copy statement which I did not order!! I detect 'flim flam' here. Do you agree, and if so what to do next?

Sending SAR to Abbey, dated 14th Feb. 40 days should end 28th March.

Hi Spicester, I 've read your thread and the bastards made you suffer plenty. Good luck to you and I hope you squeeze them dry;-)

Thanks for that. Nice to know there is someone out there. Just a little cloud on the horizon. I was supposed to pay in a regular something per month which I have n't been able to since the job I was doing came to an end. Now, Could Abbey counter claim that I have broken my end of the bargain because of the lack of regular unputs? Just for the record, I have been busy all afternoon preparing the Data letter and the repayment of charges letter all ready to go when I have the correct figures.

I have the Abbey habit, and I want to give it up. I want to be a non-Abbey. I am starting the process. Will keep you informed

I need to find the Abbey section. I want to get 'em. Can you put me right. but I'm gradualy getting the hang of it.

Ok here goes, q#1. How do I start a string?