thanks to you both, will keep you posted.

where did all these people come from ...lol...?

karne, not sure if anyone else has got the jist of whats going on, but as you are aware that abbey gave me a miscellaneous fee refund of £575 and we didnt know where this came from as i have asked for them to refund £4959.54 and i am only at the lba stage, i received a letter this morning basically saying they had received my prelim and they could not agree to refund the full ammount but as a gesture of good will they have refunded £575 back in to my account. so they didnt even offer me £575, they just put it into my account without my knowledge! do i accept this refund as a partial payment, and deduct it off the £4959.54? im due to start court proceedings on the 31st of august.

Not giving up now - sending letter from Karne thanking them for the refund and telling them I will be proceeding with court action on 31/8 for the rest !!! Do feel as if I am getting somewhere now though.

I have also just had a load refunded but they still owe me a load according to my estimate as still no microfiche, received letter today stating basically as a goodwill gesture they have refunded ££ and loads of other crap. Going to reply as already sent LBA. Going to thank them but want remainder by 31/8 or proceed with court action

received today Having carried out a full investigation I can assure you the charges do not contravene those regulations and therefore I cannot agree to refund all of them. As a gesture of goodwill I am happy to offer a refund of £575 and I have cancelled charges of £145 that would have been applied to your account shortly. 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 office of fair trading means dealing fairly and openly with customers. I therefore reviewed the literature you received when opening your account including the terms and conditions. This explains that charges will be applied to your account if you do not keep to the terms. blah blah blah I am confident I have been fair enclosed ombudsman leaflet blah blah blah then a bit about looking after my account and maybe having my overdraft extended any suggestions !!

not a bad idea

definitely! hopefully il get the rest soon.

good, that sounds great, just been on my e-banking and next to where they credited the charges it just says miscellaneous fee refund, how would the court see this? cant complain though, im at the v festival this weekend the extra money will come in handy.

Yes sorry - only just got up

ok! yes i have read through lots of threads and i thought everyones case was different, im feeling anxious and just want to be certain of things before i take my bank to court, i thought it would be ok to ask.

received reply from abbey for prelim, "we are sorry that you have been so unhappy that you have felt you must complain, we want to do a thorough investigation, we will write to you in four weeks to let you know what is happening" etc etc. im due to send lba on 15/08 do i stick to my deadline?

i didnt want to put it like that, how do i get one of those avitar things?

thanks baro, ive just checked my e-banking account, only goes back couple of months. im fairly happy with my estimation, but i dont think they will be, and if they dont like it they will have to send me my statements.

im not surprised, you have been a great help, and ive noticed browsing through alot of the other threads that you seem to be everywhere.

karne, have you been promoted?

sent prelim letter with estimated charges last week recorded delivery, something funny going on with this months charges, recieved bank statement today expecting around £400 of charges (last month was tuff) should have been 16 charges but they have only charged me for 4 which is £110 they even credited back £30, i have even recieved 16 seperate letters telling me i will be charged for each one? (im not complaining)

hi sara, wife and i are in the same boat, 43days also, already sent reply letter to microfiche arguement, didnt make a blind bit of difference, i think we will estimate our figure useing the statements they sent us for the preliminary letter.

Thanks karne, will take your advice - fingers crossed, will send tomorrow night if you think of anything else that maybe important please let me know. Wayne

Microfiche - Is this a possible way round my problem: If I add this somewhere in the prelim letter - let me know what you think As it was not to my knowledge or in my control that you chose to file my personal data under Microfiche and to save any more time and inconvenience on both our parts, using the bank statements you were able to send me under the Data Protection Act I have estimated the total figure you have taken to be £xxxx.xx

No we are both with Abbey - sending all at the same time

Its just my account - wifes is a lot less. Was hoping to keep it fairly simple and below the 5k. Can I jut put a 5k estimate on if there is £1350 on 12 months (estimate 5k over the 6 years) or will they want to know how I reached that figure.

Can anyone tell me if I add interest in my prelim letter and if so how do I work it out and is it different to the interest that you add when you start court proceedings. I have charges totalling in one year to £1345 but they haven't sent any more statements and the 40 days is up so I have estimated £1345 x 6 (£8070) is this o.k.

How does this sound, used preliminary letter and adaped last paragraph as still waiting for statements and 40 days is up. Using the bank statements in my posession 25th february 2005 until present date, as you have failed to supply the statements requested under the Data Protection Act I have estimated the charges for the rest of the period August 2000 until January 2005 and I have calculated that you have taken etc etc

Thank you will keep you posted!!