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Posts posted by browny1979

  1. This topic was closed on 03/06/19.

    If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

    If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

    - Consumer Action Group

  2. This topic was closed on 03/06/19.

    If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

    If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

    - Consumer Action Group

  3. Hello,

    I have now just sent a letter to Abbey stating that their offer to pay half of the 2k they owe is unacceptable and that the only way we can come to an amicable agreement is if they settle the full amount.


    I have also just received the Allocation Questionnaire from the Court, which I will complete ASAP. Just one question....the fee associated with the questionnairre is £100...can I claim this back too and if so, when/how is this added to my claim ?



  4. Hi there,

    I've just received Abbeys defence informing me that I will soon be receiving an Allocation Questionnaire from the court.

    The letter I have received is as follows:


    "Regarding the charges, you will see from the Defence that Abbey takes issue with your claim on a number of points. For the purpose of this letter though,we shoukd like to mention in particular that your claim seemsto be based on an argument that you should not pay any charges at all. It cannot be correct that Abbey cannot charge anything at allif you become overdrawn or do not meet direct debits as Abbey must remedy the issues with the account and this incurs expense. This is in line with Banking Industry practice and the Terms and Conditions under which you opened the account. Even if it were correct(which is not accepted ) that the charges are greater than Abbey's actual loss in dealing with your account, Abbey would still be entitled to charge you something for the expenses. Further, you will see the charges are liquidated damages, and not penalty charges and therefore valid pre-estimates of loss. "


    They then go on to ask if I would accept..as a matter of goodwill half of what my claim is £1023.12 as a full and final settlement.


    Is this letter a standard reply ??? Do I have to contact Abbey to reject their 'goodwill' offer or do I just wait for the Allocation Questionnaire from the court ?


    One final point..it may or may not be important. On the Defence form Abbey sent me the 'Legal Officer' (James Arrandale) from/on behalf of Abbey hasn't signed the Defence form anywhere even though there is a section for his signature.

  5. Hi there bank busters !!!!

    Issued my N1 claim form for the reclaimation of just over £2k to the court 10 days ago and i've received a letter from the court in response to Abbeys Acknowledgement of Service with their.. 'intention to defend all of the claim'.

    So I believe Abbey have now got just over 2 weeks to put MY money where their mouth is !!!

    This is very exciting !!!! Ive even put the wheels in motion to open another account elsewhere....just in case Abbey spit the dummy.

    So far so good. Thanks to everyone on this forum for their help and encouragement. I'll keep you posted.

  6. Welcome Jim,

    I'm in a similar position to you in that my partner was afraid to take on the banks,so I offered to do the 'leg work' for her,having myself got an understanding of it all by reading over and over again the various threads and FAQ's.I am currently at the 'Court' stage.

    I would definatley go for reclaiming the charges for your son if I were you. If there is anything you are unsure about then just post on he forum and someone will always advise you and offer support.


    Good Luck (not that luck is needed) and keep us posted



  7. Hi everyone !!!

    Just submitted the N1 form to the court and I have to say I quite enjoyed doing it !!!

    I think the wry grin on the womans face behind the counter told me I wasnt the first to have submitted the form against a bank !!!! ha ! ha !....... F*** 'Em

    Can't wait to get Abbeys reply...or not as the case may be.


    Keep going everyone !! I'll keep you posted

  8. Thanks for the quick reply Rooster. Sorry to be a pain in the ass, but I can't find anything about what to put in the "solicitors name" section. Should I just enter N/A....as I assume if it gets that far I'll be representing myself ?!?

  9. Hi everyone,

    I hope someone can help !!!!!!

    I'm just filling in my N1 court claim form vs Abbey and I'm just wondering if I have to add a solicitors name where it asks ( I havent got one, so do I need to get one ) ?


    Im also unsure as to whether the interest under s.69 county courts act is refering to the 8% per year interest ?


    Please help,


  10. Thanks !!

    Please HELP.....again !! In the 'Value' section of the N1 form.

    I'm not sure what to enter under the Overdraft interest section..Can this just be included in the s.69 county courts act 1984 (interest accrued through the charges) section ?? Some of the charges listed on the statements refer to unauthorised overdrafts....is this what the overdraft interest section is referring to ??


  11. Hi,

    I'm just completing my N1 Claim form and appreciate some advice please !

    It all seems pretty straight forward but just wanting to check that the Defendants address I put (Abbey) is the same address as i've been sending all previous correspondence to (ie my main branch)..or is it their national headquarters that I should list as their address ?



  12. The story so far:

    Statements received

    16th December: Request to refund charges sent


    19th December: Reply from Abbey stating that the charges are valid are not 'unfair' and will stand and if they feel the 'customer relationship has broken down completely' they may close the account.


    5th January: 'Letter before action' sent to Abbey giving them 14 (more) days to reconsider before I take further action without any more notice....(Am I correct in thinking this LBA is very similar to the request for charges refunding letter ??)


    8th January: Letter from Abbey saying they are sorry I didnt receive their letter (above 19th Dec) but here's another copy (exactly the same as they already sent).


    Is my next step to do nothing until the 2nd 14 days expires then start the court proceedings ?? I think I'm understanding the correct procedure but just want to make sure.


  13. I sent Abbey the letter requesting my charges refunding (totalling just over £2000 inc interest) and giving them 14 days in which to "respond positively". I have just recieved their reply saying they believe the charges to be fair and if our relationship continued to deteriorate they would consider closing my account.

    Am I to assume this is their way of trying to frighten me to go away ??? I believe my next step is, once the 1st 14 day deadline is up, to send them the LBA giving them a further 14 days to reconsider before I start court procedings ? Is this correct ?

  14. I have received 6 years worth of statements yesterday from Abbey. However, I am struggling to work out, how to calculate the interest. Can anyone give me any assistance or any simple solution/formula how to do it.

    I have had a look at the spreadsheets re.interest calcs but I'm still struggling !!!

    Any help would be appreciated...... Thanks

  15. Thanks everyone,

    I've just posted the authorisation form for £10 to be deducted from my account.

    I also pointed out that their microfiche system IS covered by the Data Protection Act and so have 40 days from Monday 20th Nov to comply with my request.

    Thanks again for you help !!!

  16. Hi,

    The story so far,

    I sent the DPA request, taken from the templates, to Abbey (recorded delivery) on 23rd October, I have just received the following letter from Abbey.


    'Thankyou for you letter dated 23rd October 2006, which we received on 27th October 2006 requesting information on your bank account.

    although arrangements have been made to send you the last fourteen months of transactions in the form of duplicate statements, most transactional information between 2000 and 2005 has been archived onto microfiche and is not available on our computer system. Please note that there is a fee of £10 for the provision of this information, and we are unable to deal with your request until the fee has been received'


    They then went on to inform me that they keep no records of any manual intervention. They also enclosed an Authorisation Form for the £10 charge, even though my original DPA request letter gave them permission to deduct £10 from my account for this purpose.

    Does this 'microfiche' story mean that I won't receive statements between 2000 and 2005 ? and does the 40 days keep running from the date of my original DPA request letter,or when they alledgedly received it or from when Abbey deduct £10 from my account.


    Can anyone give me any help or advice ?

  17. Hi all,

    I got a letter from Halifax saying I had incurred a £39 charge due to Halifax having to return a Direct Debit as unpaid. This charge was due to be taken from my account today (24th). Being an avid follower of Bank/Consumer Action group for quite a while now I thought i'd see what would happen I phoned up and complained about the charge,(with me knowing full well they couldn't justify it !).

    I phoned Halifax telephone banking and simply asked the (quite polite !!) woman straight out if she would cancel the charge as I didnt think it was fair. I nearly dropped the phone when, after me being put on hold for a couple of minutes because her system had 'frozen' ,(whatever !) she said she would cancel the charge 'this time as a goodwill gesture' and then promptly gave me the 'you should be more careful with your account' lecture. If she hadn't given me the finger wagging lecture I might have let it go ,so I decided to give it to her with both barrels.......

    ...............I couldn't resist informing her that however much 'goodwill' this was, they couldn't justify charging me £39 and so I would have been prepared to go through the procedure of reclaiming the charge through the courts if neccesary,as this charge was unlawful, unless the Halifax could prove otherwise, which to my knowledge they so far, in previous claims, had not been able to do.

    I think her response to this information was 'oh....errr'. I proceded to thank her for her time and put the phone down with a rather large grin on my face !!!!

    Happy Days !!!!

  18. Hi,

    A few weeks ago I was experiencing constant difficulties with my Sky+ box whilst watching recorded programmes. The sound and picture was freezing frequently making viewing virtually impossible.

    I phoned the technical department and went through a sequence of procedures to try and correct the problem ,20 mins later, after wiping everything I had recorded (girlfriend wasn't happy !!) the problem seemed to have been sorted..... not for long !!

    I was advised (by someone who had done it ), to ,(if I was on the full £50 package, which I am) phone Sky and immediately ask for the cancellations dept and state that you want to cancel Sky with immediate effect due to the unwatchable service they are providing. Explain to them what the problem is, and insist that you want to cancel.

    They will probably suggest YOU pay for an engineer visit... DO NOT accept this... insist that you want to cancel. They may then offer you a half price engineer visit... refuse and explain to them that you are paying them £50 per month for a service that you cannot use and are NOT willing to pay any more and so want to cancel.

    They then said to me that looking at their records could see I had been a Sky customer on the full package for X years and would be willing to send out an engineer to fix the problem, WHATEVER it may be at no cost to me.

    The engineer came out a couple of days later and replaced the Sky+ box straight away, no questions asked ...... problem solved !! PLEASE NOTE: As far as i'm aware they will only offer this if you are on the full Sky package.

    This method did work for me, however my concern was, if they called my bluff and said 'OK, consider Sky cancelled', I don't know haw I would have coped without my Sky Sports !!!

    If you really want to push it, you can also claim 'loss of viewing' and receive money back for the time you have been unable to view Sky.

    Apparently, the phone operators at Sky are allowed to offer this FREE engineer service to a certain amount of customers per month, but most customers either pay the full price engineer visit or accept the half price visit instead of standing their ground. Hope this helps !! GOOD LUCK

  19. Having studied the various Bank Action Group forums for a week or so, I have been given the confidence (to know what I'm going to be talking about) and now pursue my bank for MY money back !! Just phoned Abbey to get them to send me my statements for the last 6 years and they are (alledgedly) going to send them without cost !!!

    A big thankyou to everyone who has entered info/stories on these forums, you have given me the confidence to try and reclaim what is MINE.

    Goodluck to everyone. Up the B.A.G brotherhood !!!!

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