Travesty vs abbey

[Travesty]

Hi folks.

I recently started my claim of with abbey over charges.However, I had to go away for work for a week and a bit so came back on monday to find 2 letters from abbey.

First dated 19 july acknowledges the reiept of my claim and goes on to explain some reccomendations from the fsa and includes an fsa factsheet on unfair bank charges.

The second which is dated as 30th july is a default notice for the account.

Should I just proceed with sending the secondary letter in regards to the charges? And is there anything I can do concerning the default notice as it was filed after I had instigated my claim?

Any help much appreciated.

[sea-sidelady]

The first letter sounds like the standard letter they send out.

 

As for the second letter, the can't default you as your account is in dispute.

 

Send them this letter..

 

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

Re: Account in dispute

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account. I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

The current Banking Code (Section 13.6) states: We may give information to Credit Reference Agencies about the personal debts you owe us if:

You have fallen behind with your payments,

The amount owed is not in dispute; and

You have not made proposals we are satisfied with for repaying your debt, following our formal demand.

I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive This includes ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

 

Yours sincerely,

[Travesty]

Thanks Lady

[sea-sidelady]

Your welcome.

[Travesty]

Sent the letter above concerning the default. Got another letter this morn asking for me to go pay the full amount owed off over the counter at my local abbey and that I do not ignore the letter. I take it I can ignore it?

[Travesty]

Since sending the follow up letter I've had one mre letter asking me to go and pay the outstanding balance off over the counter at my local abbey and had a text from them asking me to phone them on an urgent matter.

Do I still just wait?

Thanks

[Travesty]

Since sending the follow up letter I've had a letter asking me to pay any oustanding overdraft off over the counter at my local abbey and a text asking me to phone them on an urgent matter. Do I still just wait?

Thanks Sam

[Travesty]

Bump ;-)

[Travesty]

Update. After having a few problems, court failing to send out n1 forms twice :-s, I'm finaly ready to go ahead with the final step. Just been looking at the info to include on the n1 form, do I have to include everything in the post? I tried to copy nd paste onto the pdf included but couldn't get it all onto the back of the form. Help apreciated as always

[Travesty]

Anybody?

[**Tilly**]

Hi

 

You will need 3 copies of everything

 

3 copies of n1

3 copies poc

3 copies schedule of charges

 

if you have run out of room you can use an extra page

[sea-sidelady]

Since sending the follow up letter I've had a letter asking me to pay any oustanding overdraft off over the counter at my local abbey and a text asking me to phone them on an urgent matter. Do I still just wait?

Thanks Sam

 

I'm just wondering if you did anything about this. When you get your charges back, it will clear the overdraft off then. You don't need to contact them over this. If they carry on contacting you, send the harassment letter.

[Travesty]

Thanks for the replies:-) Bloody demon leading me a merry dance so I've not been able to get much done claim wise.

Heres an update anyway.

Abbey's in house credit people kept pestering me with letters, almost identical letters for a month. Don't think I even bothered to open the last couple. They then tried the default thing for the second time so I sent another copy of the do not default me as the account is in dispute letter.

Along witht this I sent them a latter offering to accept a lower payment. I heard back from their credit people on the 10th of nov, the letter just said 'Thanks you for your recent letter.In order for me to help plase telephone your account manager on ...within 7 days to talk about your situation.'

As I was unsure as to which letter they were refering, I gave them aa call. Aparently all they wanted was to ask me if I wanted to make a payment over the phone. I said no the account is in dispute. They said that after a while they'll send the account back to abbey who will then send it to an outside dca. I said thanks, bye. Theres 4 days left on the reduced payment thingy i sent. Although I don't expect to hear anything.

[Travesty]

Update.

Abbey have now stopped contacting me other than by sending the occasional statment. Since my claim started they have added a further £130 in charges to the account.

My question is that with all the delays that have occured during my claim and with the extra charges that they have added, is it worth my while to start my claim over?

Or do I just carry on even though some of the dates have been overshot and make a further claim for any additional charges added once the original claim has been settled?

Thanks for any replies

Edit: I contacted my local county court to see if they could advise me at all in regards to the matter and they told me that as the cases were being stayed and that all I had done so far was give preliminary warning concerning action that there should be bno problem with my contibueing with the clsim as is.

Edited December 11, 2008 by Travesty

[sea-sidelady]

Sorry your thread has been quiet. I have been offline for a few weeks.

 

You handled the phone call perfectly. If they call again, just tell them, any thing they want from now HAS to be sent by post, and hang up.

Don't start over, carry on with your claim. Amend the spread sheet, add all new charges.

 

Have you filed it at court yet?

[Travesty]

No worries, thanks for the reply! ;-)

Not yet no. I'm at that stage now, is it posible to just add the extra charges when filling in the n1 without letting abbey know that the claim will be for a larger amount?

[sea-sidelady]

Fill in your N1 with all the new charges, make 3 copies of everything, the court will send 1 copy to Abbey. You don't need to tell them anything.

 

If you need any help filling it in, just ask.

[Travesty]

Thank you!

[Travesty]

Hello, me again

I thought I'd use this thread instead of adding a new one as its still abbey who are the only real pain in the bum I have left. Long story short, had a mental 2009, but through it all managed to get myself on an even keel in regards to my debts. However, as I had put abbey on the back burner, it didn't go any further in regards to taking it to court; it would of just remained on hold anyhow til nov. Even after novembers decision, didn't hear anything from abbey til january this year, just a letter saying that I still owed them money. They've now sent it on to the collectors, recieved a nasty letter 2 weeks ago demanding that I pay the full amount instantly or face a visit/court action.

As I've not heard anything to the contrary I take it that the whole charges thing hasn't changed since november? Is there anything I can do now or can abbey just keep on til they get their money back and I not be able toreclaim anything?

Thanks for any help as always