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shaun fleming

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  1. Something that might help all of us. My son went for a part time job with Nationwide he was given a test. He and his friends had to make 5000 key swipes in 5 minutes. we had a D/D paid by Abbey even though that put us over our overdraft, cost for this £30 and because we went over our overdraft we were then charged £20 = £50 for 1 D/D. How many key swipes 248 = 20 seconds work according to Nationwide maths. 3* 20 seconds = 1 minute = £150 = 60 seconds in a minute = £9000 per hour! Think my maths is correct? Marks Please? From 'The Grim Reaper'
  2. My Belief is that if you have requested the statements from the bank they have to provide 6 years worth. If they do not and you can prove you have written to them the court will help you with a reasonable estimate and make an order with this regard if they think the bank is behaving unreasonably. But I would write to the Ombudsman and the OFT first and complain about your treatment and ask them to write to the Bank within the next 14 days, to supply you with your copy of the accounts! good luck from 'The Grim Reaper'
  3. Hope this thread is not to late. Sorry to read about your problems. But unless I am mistaken a contract can not be enforceable if their is imbalance within it and the fees are only suppose to cover the admin so anything over that is unfair and so unenforceable? On the OFT web site, under PN09/00 3 February 2000. Court says First National Bank used unfair contract term. (First National ,a subsidiary of Abbey National). To type this all out would take 1 finger wonder here hours. But the court of appeal ruled that first National Bank was acting unfairly in the way it charged debtors. In the notes 'The Office took action under the Unfair Terms in Consumer Contracts Regulations' these are the same rules we are working under so the banks know their charges are unfair. Also in a paper 68/06 5 April 2006 HEADING; Current credit card default charges unfair. There is plenty of information in this paper. But the one I liked is where they said that, in paragraph 3, " A Default charge is not fair simply because it is below 12." (12= £12) They have to justify their charge if they cannot they have to refund the full amount. I also have tapes of radio programs that have been on BBC and ITV and on the Money Program, 12th December 2006, 10pm. "The Ombudsman staff were happy for customers to accept Banks offers but no longer. Last Month the Ombudsman told the banks to prove their penalties were legal or pay their customers claims in full." Walter Merrick's (Chief Financial Ombudsman) said that... "What I've said to the Banks is I do need them to help me resolve these complaints by either offering to refund 100% of the charges that people are claiming, or if they are not prepared to do that and they want to argue the point then I have to start down the road and investigate myself." You maybe able to write to the BBC to try and obtain a copy of the transcript of the program and use some of the quotes from the program. Their were some very interesting people on the program, including a Barrister! Stick to your guns and get enough information as possible form this site. Also just looking through my file I have found some info that was sent to me from some working on behalf of the CAB. Headed; Penalty Charges on Credit Cards and Current Accounts. St Austell CAB outline the law relating to bank charges and how these might be challenged when excessive. It was under Quarterly Account issue no. 78 Winter 2005/2006. Hope this helps and that anybody else who has info for you can post helpful address. Please remember we have all struggled against the Banks. But their are great people who have helped us on this site. They have been invaluable and gave us strength. This money is legally yours, and be as strong as you can. Good luck from 'The Grim Reaper' (the Banks boggyman)
  4. Just read terms and conditions from Abbey on their current accounts, in it they say. Under section 5. Interest and Charges. sub section 5.4. e) To reflect any regulatory or guidance, or any change in the law or a decision or a recommendation by the court or an Ombudsman. I am interested in the Ombudsman part as on the 'Money program BBC2 12th December 2006 @ 10pm the members of the public were informed that. And I quote as I have a tape of the program and also full transcript. That...."The Ombudsman staff were happy for customers to accept Banks offers, but no longer, last month the Ombudsman told the banks to prove their penalties were legal or pay their customers claim in full." And from Walter Merrick's (Chief Financial Ombudsman)said that.... "What I said to the Banks is I do Need them to help me resolve these complaints by either offering 100% of the charges that people are claiming, or if they are not prepared to do that and they want to argue the point then I have to start down the road of investigating myself." You maybe able to quote this fact to your Bank but please take some advice or if their is any body out their who may wish to correct me then please do so. But do not give up and get as much information as you can from any form of transcripts, video or audio tapes. And although a long drawn out process could prove invaluable when backing up your claim. And remember most of all you have some great support out here. I have already been successful against Abbey, and presently trying to reclaim from our other account, and if it was not for these good people would never have got this far. Good luck from 'The Grim Reaper'
  5. Jason tell Abbey that you have worked out your charges and interest owed by Abbey from the court paper work (you would of had leaflets when you filed your court papers) and that you will leave it to the court to dicide if they are going to award the full ammount. When I filed to court they did not have to supply any statements so when the solicitors contacted me and asked how I had worked out the charges they were informed that I was self employed and that maybe their client had not informed them of the charges and maybe they should go back to their client for the statements. We also asked for how they would like us to work out the interest so that I could sit down and work it out for them and come to court with their figures and allow the court to dicide!!! Received payment notlong after that. From 'The Grim Reaper'
  6. You need to have confirmation of any withdrawal of Abbeys agreements in writing as required by the bank codes of practice which you can find on the web by typing in 'banking codes'. Tell them you require all of your bank statements and give them at least 14 days to produce these. They will have to keep these for tax purposes. If Abbey is taking you to court they will have to provide a defence . My guess is that if you counter sue them in the same court they may not wish to provide evidence as they may have to tell a court how they come to their excessive charges, but that is a question you may wish to ask the forum? Good Luck and be strong this money is yours! From 'The Grim Reaper'
  7. We had been given a date of the 9th May 07. I had been chasing them for over a year and had my case stayed back in October 2006. If you have you case stayed you must wait until the date of that stay passes, and then ask for it to be lifted by the court as you have not reach a settlement. The court will then fix a date for the hearing. The case took so long as I had to be careful not to upset our other account as all our bills go out of that account, hence the length of time for a settlement. Abbey will take you to the limit but stand firm this money is yours!!!! If you want any further information I can post on some of the files I have, or where to find some information if you want? Good Luck form 'The Grim Reaper'
  8. Abbey (MBNA) is only a link to Abbey they do not have access to you accounts with Abbey. Abbey are now in the process of setting up their own credit card business, but you need to set up an account with another bank, savings or current account. Have a simple savings account with Abbey, trans fur your money from current account to savings, have an Abbey cheque drawn down immediately to self, and pay into new account in another bank. Abbey can not touch your money and shift any where they like ( although this maybe in material breach of their settlement with you if they do take that money?) buy placing the money in savings account you avoid the charge that the bank wants to levy (£10 was the last I heard?) for the writing of cheque. Good luck. Abbey will take you to the limit but stand firm. When their solicitors spoke to me last they said they were in the process of contacting all the claimants? Best wishes from 'The Grim Reaper'
  9. Yesturday I posted a thread saying that I have received our money from Abbey. Went to bank today to transfur funds arround to pay debuts. Money showing on account but I have to wait for the requied 4 days for funds to clear? It would appear that they do not even trust thier own cheques and systems. So when they say that they accepted that they have to pay, you wait to send acceptance letter until the money is in your account as they might welch on your account. And that happens you will still have your court date just in case. We have all learnt not to trust these people the hard way! Best wishes from 'The Grim Reaper'
  10. Abbey have just settled our claim £3187.02 of charges and a total of £5218.27 including costs.. That's one small step for man kind, one giant pay of, of our debuts for us. You can not believe the grin I have on my face. Thank You All for your help I'm going to need a few days to get my head around this. From 'The Grim Reaper'
  11. Hi jo welcome. Use all of the above but be prepared the banks will slow you down by asking these forms of questions when they have all this information at their fingertips. My bank Abbey did not realise I am self employed an thought I had pulled some rabbit out of my hat. They will also start to ask you how you came to the interest, another delaying tactic. Be cool and persistent their are plenty of people to help you and maybe even buddy up. Good luck from 'The Grim Reaper'
  12. To day at 12.40 Abbey's solicitors phoned me to ask how much we are prepared to settle for. I informed them that we want 100% of our claim. I also informed them that I have contacted the SFO and registered a complaint with them. I also informed them that our other account they charged us £30 for paying a DD that put us over our over draft and £20 for going over or over draft a total of £50. Basing the figures on Yorkshire and Clydesdale timings that means they are earning £6000 an hour and I intend to bring this information to court to show the court how much they maybe illegally charging us and other customers. They also questioned the way the 8% interest was arrived at? Which I then informed them that I will leave it to the judge to settle that question. I also informed them that when we go to court that I intend to ask the court to grant me cost for the amount of work I have spent on this case, approx 30hrs and counting. But we may not get to court stage as the Abbey are now informing their solicitors to seek settlements. So I hope you can all enjoy looking forward to these bank charges being returned to you all soon. I will keep you all posted as and when. Best wishes form 'The Grim Reaper'
  13. I have not posted on this thread for a while as I am now waiting and working towards my court date on the 9th May 2007. We have noted all your advice in this thread with regards writing back to the SFO and once our case is settled, will be sending all relevant copies of case to all bodies including SFO, DTI, CPS, FSA, OFT and our sympathetic Cornish MP. We will then look at chasing our money back on our other account, if all goes well! Thank you everybody and good luck. From 'The Grim Reaper'
  14. You will need to be patient with Banks especially Abbey. With the courts staying appearances as they are so many waiting to come to court you maybe tempted to give up. DO NOT these charges are legally yours and they have been illegally charging their customers for years. I only ask you one thing. We am presently owed £5000 by Abbey and if we win or case we intend to give 10% to this web site, could I ask if possible for all of us to do the same as we would not have been able to get at the truth via our banks. Thank you from the Grim Reaper!
  15. In July 2005 I complained to my Bank, Abbey, and I was rebufed. But due to listening to Radio found out about you guys and I am now claiming my bank charges back knowing the Law is on my side, and my confidence is high. Thanks and Happy Birthday to us all. From 'The Grim Reaper'
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