Hi, its been a while since I have used this site but I need help urgently. I am actin on behalf of my mother on this matter. The basic scenario is, my mother has received an N1 and is the defendant. The POC are basicaly that "perpetual Yearly Rentcharge (chief rent)" have not been paid. There are several points to this, namely 1) The defendants Name on the N1 is incorrect- This is my mothers old married name, which was changed by depole. However, this is the name as it still appears on the land registry. 2) My mother has a deed of release from 2003 when she believes she bought out the chiefrent, and has had no communication from any company until a few months ago since that date requesting any monies. This new company is argueing that it "merely redeems there rent and not the overriding rent" Please can someone advise on how best to proceed, and what to do about the incorrect neame on the claim form. Many Thanks..... Sam

YEAH, after paying for a holiday in full, they took £600 from ny bank account via my debit card. They then said they did not have my card details on file and then a few days later they took a further £1000. The reason for the SAR was to find out what information they did have on their system. Under the DPA they are not allowed to keep card details on file if it was used for a single payment and no reoccuring policy was set up and authorised. also, the DPA covers what they are allowwed to do with that information and how it is stored. To take £1600 from my account for no reason and then state they do not have my details on their system is an blatant and outright lie. As a result of them taking £1600 from my bank without authority to do so ruined a holiday i have now come back from as that £1600 was our spending money so we ended up skint in Cyprus. A SAR was served on them yesterday (by hand), along with a prelim request letter requesting the £1600 they removed, also the cost of the holiday we were on (flights, accomodation, transfers etc). As we were not able to have the holiday we should have had if they had not taken the money which was not theirs to take. Low and behold, the £1600 appeared back in my bank today. They have 14 days to reply to my prelim letter described above. Then a LBA will be issued. They don't have a leg to stand on, and as most comunication has been via email, i have records of them stating they dont have card details on file, and proof that after that they removed even more money! I also requested a full copy of there complaints procedure in writing almost 2 weeks ago and have had no reply to that. (as for your questions about baggage, we have not gone on the holiday with OTB yet, the holiday booked with OTB is paid in full and we are due to travel in July. The holiday i have just got back from was booked with Thomas Cook, and it was that holiday that OTB ruined by taking money from my account when no money was owed to them!)

Everyone said my claim against the Abbey National would not reach court.... but it did. I need to start getting organised in preparation for my court bundle. I like to have all the facts before i start to go into battle! A SAR and CCA will be issued as soon as i get back in the UK. I have informed them of my intention to file a SAR upon return to the UK and that i will be seeking all my money refunded, costs reimbursed and compensation for the holiday i am currently on as i have not been able to do the things i wanted to do whilst on holiday as they have unlawfully cleared out my bank account! They have admitted that they should not have taken the money as the holiday has been pain in full!

I am not sure where best to post this as I am after advice on where i stande in regards to a holiday company taking unauthorised transactions from my account. I will try and keep it as simple as posible. Basically a holiday was booked for 4 people in Oct 08 to go away in July 09 and a deposit paid. 2 more people were added to the booking in Feb 09. These extra people paid the cost off adding themselves imediately in full in a one off card payment to OTB. So the only money left owing on the account was the money for the original 4 people minus the deposit they paid. The original 4 (lead name) tried several times to make payments, eventually after loads of emails they recieved a letter stating they owed about £600 pounds and were to send a cheque. They agreed that the amount was correct and sent a cheque. However, 2 days after the date on the letter requesting a cheque, they took a payment from the card that was used by the 2 added people. After speaking to the fraud team at the bank we found out who took the money....OTB. So they took £600 from the card(unauthorised) used by the 2 added people (my card), even though they had just requested a cheque from the lead name on the original booking. I called OTB, they stated that they had taken the money by accident, and they were in reciept of the cheque. They said the money would be refunded on to the card within 5 days. The problem was i was due to fly out the uk for 2 weeks (Different holiday), they assured me that the funds would be paid into my account via the card and they took all the card details again. I am currently still out of the UK and its now 2 weeks after they said the money would be refunded. I recieved an email stating that they did not have the card details to refund the money and to call they, but i am abroad. I checked my bank again to see that now they have just taken a further £1000 from my account! again unauthorised! So they say they do't have the details to refund to my card, yet they have taken the money from my card!again!. The whole holiday has been paid off in full by all parties as they cashed the cheque. Now they have £1600 of my money, and left me buggered whilst on holiday with no funds. I bit the bullet and called them from abroad, i recieved a call from a manager this morning (9am), (the one that said wee would have the £600 refunded almost 2 weeks ago), He said that under the circumstances he would do a transfer straight into my bank account for the £600 and the £1000 immediately. The money has not been paid into my account! What is my best course of action to recover monies they have taken from my card unauthorised. From a card they say they done have details for to refund to then take mkore from it? I want money back now for all the expenses i have incurred, 1 hour phone call from abroad etc, also, the holiday i am currently on has been ruined as a result of my haveing no funds whilst here to do anything as a result. The manager stated that he would do an immediate refund to my bank account, so he could have done that straight away whilst i was in the UK! Fuming does not come close to how i am feeling right now. I am thinking i need to write a letter (recorded) requesting all the money plus expenses plus cost of this holiday (currently on) giving them 20 days. If i get not response, then issue a Letter before Action, before comencing legal action and issuing a N1 claim form. Does anyone have any advice on laws that would cover this? Case law, similar cases etc? Or better still, any help on what to say in the prelim letter and LBA. Please please help, i am way out of my comfort zone on this, gimme a bank to take on for charges anyday!

DS, i would presume all their offers are written "without predjudice". It is still an offer and you have it in writing. So the offer should stand. Also, i was told (by a barrister) that i could include "without predjudice" letters in my court bundle where an offer was made that could be argued not to be a genuine attempt to resolve the claim. You may want to check that for yourself as i have no legal knowledge myself.

LOL, you never know. They are wanting to claim charges themselves from the banks. The will probably sit down n have a few beers and a laugh. If they hear anything they are really interested in they may ask if they can interview you.

DS, i agree, do nothing except what the court tells you to do. Like you said they have to honour the offer made to you, but you do not have to ask them to honour it untill you know the outcome of the test case. That way you can see which is more beneficial to you.

Just a thought..... if its in a high court, will it be an "open" court or behind closed doors? I really would like to sit in and listen to the case

I may be able to clear up the "Test case today". The BBC news said OFT was starting a test case today...i believe it was unfortunately worded and what they meant was that test cases were being started today....not being heard in court today. I too thought it meant there was a hearing today untill i listened to the News broadcast for the second time. I may be wrong....again... but that is my current understanding,

ROFL@ their new charging regeme... i am suprised its taken them this long to change them..... as it was the obvious step for them to make claims a "little bit trickier" as you would be reffering to 2 different tarrifs. Masked panalty charges aont wash at all. Abbey have stated that they are not going to settle any claim now untill the test case is heard.... so let the interest mount up.... DS, good luck with the mortgage account. I was going to start on mine a while back... but it got shelved for the time being..... although with mine they did not withdraw the charges but added it to my mortgage balance....meaning i will be paying interest on those charges for the next 17 years!! I am curious with the test case's as to whether a Judge can set an amount that he thinks is a fair amount for charges, or will it be black and white? Lets hope the go for £2 for breach of contract or unlawfull full stop without complete disclosure!

Hmmm, so its going to take longer to get your pennies back, having said that lets try and be optimistic...... if it takes another 9 months to get your charges back, just think of all that extra interest you will acrue!! :grin: Reka

TV interview went well, was about half an hour long. The 5PM news just had snippets of it but this evenings one should be longer..... no links to it yet but i did watch the 5pm one. I no longer bank with the Abbey so didn't know they had new T&C's, what changes are in them in relation to charges? I just hope these test case hurry up and make reclaiming chatges a mere formality..... Reka(sam)

Rofl @ DIY shows, well i havent been approached by the naughty channels yet, but anything is possible, if they pay me enough

hmmm, Ronan wants to contact you, that could be interesting. I think (pretty sure) that the test case's will go in our favour. The charges may get set for a nominal amount...eg £5, meaning you will get the difference. Ronan may be offering a last minite settlement, or advising you that all claims are suspended. Please let me know what Ronan says as i am curious as to what their game plan will be! If hr offers to settle for an amount less than what you wanted, i would ask him for 48 hours to concider his offer. It may be a way to get peeps to settle for very small amounts? I put nothing past them

Okies, Channel M interviews are being aired today at 5pm and 9pm, they are not the same interviews, filmed another 2 today. I need to go and feed the nicoteen monster now after that!

erm, random request...but does anyone have any objections to a film crew turning up to the manchester meet? Channel M have left my house, and they are very interested in turning up to the meet as their office is at the Urbis in manchester just next to the printworks!

When is the test case being heard? BBC News 24 said the case is being heard THIS MORNING!! Surely not? I expected them to have a few months to prepare?

Due to the test case that is being brought to high court, Channel M are doing a programme on "Bank Charges". A film crew is in its way over to my house as we speak, they are due to be here at 11am, i am not sure if its going out live or going to be a full feature.... will post back when i know more. Its about time there was a definitave rulling!

Ooooooh, its all getting interesting now, you are all going for the 100%, wicked news... (I am still reading but its summer hols so don't get asmuch time atm to be on here)

Erm, i am not worthy of hero status, but i am pleased you found the thread interesting. I could not have done it without the help of CAGers, especially, Gary H, Jules, Icy, Kia, Hedgey, Stephen, DS to name but a few I am intending on sticking around on the boards for some time yet

Jules defo go for broadband Feel free to pm me if you are concidering going on BB, as there are loads of offers, i may be able to point you in the right direction as the subtle differences between different providers (avoiding their rip offs aswell )

LOL! Thanks for all the support peeps! tee hee.

Finally, at last! The cheque has cleared in my bank acount, wooo hooooo! I can now write to the court and call the bailiffs off

okies, a quick update. LBA for pre action disclosure got ignored...suprise suprise! I also emailed a bloke called "Michael Duncan" at RBS..this is the reply i got back "Thankyou for your email to Michael Duncan, transmitted on 22nd June 2007. I am replying as i hold responsibility for customer relations throughout the Royal Bank of Scotland Group, including NatWest. My understanding is that you were sent statements relating to account number 1xxxxxxxxxx. No statements were originally sent for account 2xxxxxxx, as this is a step account on which no charges are payable. Howerer, these statements have now been ordered and will be sent to you shortly, if indeed they have not already reached you. Yours sincerely Trevor Collins" Now there are a few rather interesting things contained in that letter. Firstly, as neither account is a "royalty" account, saying they were not sent due to the second acount being a step account on which no charges are payable. Well why did we recieve charges. he draws a distinction to the 2 accounts, where one is liable to charges and the other is not, but as neither is a royalty account,,,,hmmmmmm. Secondly, he openy admitted that statements were deliberately not sent out as the account gets no charges. Since when did the status of an account allow them to not adhere to a Formal Subject Access Request! If i request the info and pay the money, then they are obliged to send out the information requested. I may have some fun with this letter, and will be compiling an adequate response.....and early next week will be submitting the Pre Action Disclosure to Manchester County Court unless i do infact recieve the staments beforehand.

I am pleased it gave you a boost! Remember, it is uncommon...well i should rephrase that....it's not the norm for the Abbey to drag it out as long as they have with my claim, you should recieve your money in a much more timely fashion, making it more "pallatable". Good luck with your claim