money grabbers

[IR2365]

Claiming back £6,000 in charges from Abbey Abbey want overdraft back

However my company have mistakenly paid money into the Abbey account and are now trying to get it back, so far without any success. The account is now closed to me i.e all cards etc. have been handed back. Does anyone know if they are allowed to keep this money as the payment was made in error? :?

[Guest Old_andrew2018]

hi

 

Well it was a mistake by you employer, I my opinion Abbey will keep that money, claiming it is owed to them.

From looking at your other thread they have a claim, as it will reduce the overdraft.

 

You must urgently speak to your payroll department, and ensure it does not happen again.

You also must try to do deal with any direct debit payments due from your parachute account,in order to prevent charges/ defaults.

From a moral point of view its most unfair,

Regards

 

Andy

[breeze1996]

there was a thread on here from another person they had got the money back by claiming the account was in dispute would this work here?

[Ladidi]

I believe it would only work if the account is in dispute..I claimed back the money they had forcefully taken off me and had the overdraft temporarily reinstatedlieve it would only work if the account is in dispute..I claimed back the money they had forcefully taken off me and had the overdraft temporarily reinstated pending the outcome of the "test" case.

 

Read my thread and you will see on the last pages what I did to claim back monies they had taken for debt owed and had it overturned.

[Ladidi]

Just in case you have some difficulty finding my forum I am pasting the information here for you..

 

Good Evening all,

 

I thought I would take the trouble of sharing some information with you about what I have spent this past week doing with the "Abbey".

 

As you all know I am claiming my bank charges back through the courts and like the rest of you this has been placed on hold while we wait for the Judge to come back with is decision and findings based on what has been said and given in cout.

 

Anyway, during the process of me claiming back my bank charges which began in March 2007 myself and my husband had a £500 overdraft with Abbey. As everything was on hold and there was nothing we could do we carried on having some money paid into this account to keep the account open and active so we can get our refund when due smoothly.

 

In December 2007 they decided to take away the overdraft leaving us with a £500 debt owed. I argued they could not do this, they argued they could stating it is their money and they want it returned. In the end I spoke to a nice lady in abbey complaints who knew what I was talking about and dealt with everything or so I thought.

 

Come January 2008 the overdraft facility was removed and we was now in debt for £500 and the abbey was singing at the top of their voices to get their money back. I argued you can have your £500 if you repay my £6000. They said No can do, and kept putting the phone down on me when ever I called or spoke to someone.

 

In the end my husband called and they stated they wanted their money back at £100 per month and there was nothing we could do about it so there

 

They began taking their money and we handed in our cards and got cash cards, I warned them if I found out other wise I would be back

 

Sure enough, I did find out different. I stated to the abbey that under section 13.6 of the banking code and under the administration of justice act 1970, thay have breached both of these regulations and have acted unlawful by forcing us to repay a debt when the account is in dispute and has been since March 2007 and has not been resolved satisfactorily by both parties concerned, that they should refund my money immediatley and have my account placed on hold pending the outcome of the test case!

 

It wasn't easy to begin with, they kept tellin to write to "Legal". Turns out Legal are "Ashurst" so I emailed them and quoted the above 2 regulations, they emailed abbey and told them account should be on hold and that no further action should be done on this account nor should the debt be collected.

 

I then had this confirmed and instructed them to return the money they have already taken from my husband and myself for the said debt as the collection was illegal. They informed me that, as the account was now on hold they would have to check all of this out. I informed them to do that, and ended up with a very helpful lady in complaints who informed me that as the money is going to be repaid that meant the debt would increase back to as it was, I said fine do that as you have caused me hardship by forcefully collecting this, as I have to wait for my money Abbey can wait for theirs. It has took a long 48 hours to keep reminding them I was not going to go away and I wanted my money back. Today they have finally agreed to reinstate the overdraft temporaily until the outcome of the test case and reimbursed me £300 with immediate effect!!

 

Not a bad ending to a stressfull week, which begs the question...as I got the refund of monies paid back to me for a debt owed...is there some good news around the corner from the good Judge himself???????

__________________