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    • Yes BF. I was about to issue that evening before I wondered whether the summons should actually be issued to them (Barclays Partner Finance at their head office) or to Clydesdale who own them? Or even to Barclays  as the owners of the groups. Thing is, I will issue as soon as I know and they have had a few more days grace if they think an NBA during Covid should allow more time.  
    • Johnson and Gove must think that Scottish independence is a certainty and Irish reintegration in the EU very likely - and they dont give much of a monkeys about wales Knowledge of Scotland not essential for government’s new ‘union unit’ jobs https://www.independent.co.uk/news/uk/politics/scotland-uk-union-unit-jobs-gove-b1800250.html   "The job ad at Michael Gove’s department demands candidates “demonstrate good political judgement” and have the “credibility to build a strong network of relationships across Whitehall”. " "However, it states that “understanding of policy issues relevant to Scotland, Wales and Northern Ireland” is only “desirable”"
    • many thanks DX I will do follow this advice.    one comment on what I've read on here. IDR  / the banks seem to rely on the non exclusive jurisdiction clause. However surely that would mean once its been through court here, it would no longer be active in UAE. Of course that is not how they work ie they would go for both UK and UAE if you ever returned. Is there not a way of highlighting and fighting there use of this clause on that basis?
    • Did you apply for a refund before you took any reclaim action?  If Ryanair refunded you for your flight then you have chosen to "end your contract" with them and they have no further liability for your travel.  This is pivotal because as long as you have a paid up ticket (and booking reference) then they have full liability and responsibility for you.  The minute they refund you, they have discharged their duty and you are on your own.   I am still trying to understand the basis for your claim.  The law says that if you are delayed then you have the option to refund or re-route (but not both which seems to be the case here).  You can go with the original carrier or not despite what Ryanair would have you believe.  You should tell them what you intend to do so they cannot claim later that you did not give them the option.     If I were to apply the best case to your situation it would be that the flight was delayed, you somehow told Ryanair that you were re-routing and off you went with your alternative travel arrangements.  You then put in your claim and waited.  If you then asked for a refund after your travel claim went in then you (and they) could argue that Ryanair has already part-paid your claim but you have a better case.  If you asked for a refund before your claim went in then the emphasis sits more with you to say you made a procedural error and they have a stronger defence.
    • There is a 'pharmacy' based one within range, although I understand the vaccinations are done by the pharmacy team at a nearby (otherwise closed) community centre - not the pharmacy   Have no idea why. probably space.   They are vaccinating with O/AZ as most seem to be apparently due to pfiser shortages
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 27 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

Taking my first steps towards making a claim - **IT'S WON!!!**


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Hi guys,

 

Just read some of the forum tonight following a link from moneysaving expert.com. My wife and I have been customers of the Abbey for a long time.

My wife opened her account nearly twenty years ago and I became a joint account holder approx 3 years ago. Due to various changes in employment etc we have incurred a lot of charges.

 

From the 26/03/04 - 26/11/05 our bank charges have totalled £3901.00.

 

These charges are for a mixture of unpaid D/D's, returned Cheques, and items paid whilst overdrawn.

 

Our account is now held by Abbey's debt management department and we have a "managed down overdraft" to repay an overdraft of £3000 at £120.00 per month. We no longer have any cheque books, debit cards or credit cards from the Abbey.

 

What are my chances of getting any of the charges back in members past experiences ??

 

Any replies would be gratefully received.

 

Regards

 

Tim

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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Welcome, please read the FAQs and around the forum..It should take a couple of days - then come back with any questions

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Any chance that you have your original contract of 20yrs ago?

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Hi there,

 

I doubt we have the original contract, although I am a bit of a hoarder so I will have a look through all of my paperwork.

 

Regards

 

Tim

 

p.s now read through most of the FAQ's and will be sending my first letter shortly.

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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Hi tim,

 

my situation and amount with abbey were very similar to yours, managed down overdraft claim around £3000 and with the debt management dept.

 

I made a claim, they acknowledged and defended. the solicitor didnt agreee with the amounts so he offered me 50% of what he thought it was, I declined. after going through statements i concluded that while the figure wasnt correct, neither was theres, my final claim was £2250. The solicitor agreed to settle in full for the revised figure and my cheque is on its way.

 

So go for it!

 

Pink_Fairy

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It's interesting reading about all these bank charges from the Abbey, but can you tell me if the same applies to the Mortgage deals they have with penalty clauses if you pull out within a certain period. For example, I have just applied for a new rate having been with them nearly 20 years. The deal I got was 1) 5.1% no penalties - or 2 ) 4.7% over two years with a penalty that equates to about £11000. with the current normal rate of 6.4% the savings I will make if I took the 4.7% is about 6k. Why should I be penalised another £5,000 if I sold my house within the two years - is that not a penalty too?

Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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Hi guys,

 

Thanks for your kind replies.

I have read through much of the forum and the FAQ's and have now written my initial letter.

 

The claim is for £3992.44 inc overdraft interest

 

I will be posting my letter recorded delivery first thing tomorrow.

 

Wish me luck.

 

Regards

 

Tim

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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Break a leg

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Hi guys,

 

I sent off my first letter today Recorded Delivery (of course) to the Triton Place address.

I have read the advice in the Step by Step instructions and will be following this letter up if I don't get a reply within 14 days.

 

Incidentally should I follow up after 14 days, or 14 working days ????

 

Regards

 

Tim

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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14 days. We work a 7 day week.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Thanks Richard,

 

I also work a 7 day week, but you know what the banks are like. I want to do this by the book.

 

Regards

 

Tim

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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By the book. by the calendar

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Hi there,

 

Received a reply from Abbey today, it reads as follows: -

 

"Thanks for contacting us and I'm sorry you've been so unhappy you've felt you must complain.

 

One of my colleagues will be responsible for investigating your complaint and I've enclosed our Customer Satisfaction Leaflet, which explains our procedure for doing this. High quality customer service is of great importance to us at Abbey and we'll do everything we can to resolve your complaint in a timely and satisfactory manner.

 

I know it's important to you that we resolve your complaint quickly but we want to do a thorough investigation and sometimes this can take time. We'll write to you within the next four weeks to let you know what's happening.

 

Although I don't know what the outcome will be, I do hope we'll be able to find a solution that you're happy with.

 

Your Sincerely

 

Antony Turbitt,

Manager, Banking Servicing."

 

I am not happy with the four week arguement, and I will stick to my original deadline of 29th March, but how should I word my second letter.

 

Any help would be appreciated.

 

Regards

 

Tim

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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Presumably if you knew your charges you sent the Preliminary letter giving them 14 days to reply? Once the 14 days are up (and ignoring their 4 week response time :twisted: ) send them the LBA (Letter Before Action) - Stick to your timetable, don't deviate - they will soon get the message that it is you who is calling the shots from now on not them!

Status:

 

Halifax - DPA sent 03/03/06.

Prelim Letter - Sent 27/03/06 ignored.

LBA sent 10/04/06 - Ignored

Moneyclaim filed - 26.04.06

Acknowledgement received 3rd May. Halifax state they intend to defend.

Halifax Settled in Full - 17 May 2006

 

If you've found this post helpful, I would be grateful if you could click on the 'Scales of Justice' button in the top right corner of this post.

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Hi there,

 

Yes I know my charges, they are £3841.00 plus £151.44 in overdraft interest. Total £3992.44.

 

I sent the preliminary letter on the 15th March, so the 14 days is up on 29th March. Do I wait until then before sending the "Letter Before Action", or should I send it now ???

 

Regards

 

Tim

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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yes wait till the 29th of march then if they havent complied then send the letter before action.

 

best wishes

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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Hi in EXACTLY the same boat as you. Just wondered if you sent the standard letter from the library to Abbey or did you alter it at all to reflect your position, ie, it being with teh Debt Recovery Dept? Have you said you think it is their fault. I have not sent my letter yet - will do so tomorrow - I am going to try and alter the main letter slightly but not sure if this is a good idea.

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Dave,

 

The first letter I sent was the the one from the Library labelled "Letter - Preliminary approach for repayment". This was sent on the 15th March, in the text of this letter is the following: -

 

"I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments."

 

Therefore my plan of action will be :-

 

1) Wait until March 29th for any further communication from the Abbey

2) If no further communication then send Letter before action as per letter in library giving them until 12th April 2006.

 

Hope this helps.

 

Regards

 

Tim

 

p.s in answer to Chardonnay123's post, no I did not change the letter much from the one in the library. I hope they would know the account was with Debt Management and they would probably be able to work out that my present £2400 overdraft was largely down to their charges.

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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Hi there,

 

Got confirmation from Natwest yesterday that my application for a 'Step' account has been approved. Then this morning received my cash card, this means I now have an alternative account so I am now prepared for the fight ahead with the Abbey.

 

Roll on the 29th March when I will be sending my letter before action.

 

Regards

 

Tim

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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"I know it's important to you that we resolve your complaint quickly but we want to do a thorough investigation and sometimes this can take time. We'll write to you within the next four weeks to let you know what's happening.

 

Although I don't know what the outcome will be, I do hope we'll be able to find a solution that you're happy with."

 

I am not happy with the four week arguement, and I will stick to my original deadline of 29th March, but how should I word my second letter.

 

As you have already said, send your Letter before Action in accordance according to the timescales you have already set.

 

I would be inclined to make it clear that you are setting the timescales and reiterate these to them. Also that the only 'solution that you're happy with' would be a full and unconditional refund of the entire amount.

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Hi guys,

 

The Abbey have sent me another letter today, nice to see they still cannot be bothered to send out anything other than an automated reply.

 

The letter reads: -

 

--------------------------------------------------------------------------

 

"Dear Mr Dunlop

 

Thank you for your letter dated 13 March 2006, I apologise for the delay in coming back to you.

 

With regard to your request for a refund under Common Law, Statute and recent Consumer regulations, we don’t believe that Abbey’s charges are unfair under these rules.

 

When you opened the account with Abbey, you were provided with Terms and Conditions that detailed the charges that become applicable should you breach the terms of the account. Abbey is up front and transparent about all its banking charges as set out in the tariff of charges.

 

Abbey’s bank account is good value and our charges compare fairly with other banks. For most people, banking is free and they don’t incur penalty charges.

 

If the complaint escalates into a claim in the County Court, we will review each case individually, and if we feel that our relationship with our customer has broken down completely, we may decide to give notice to close the account under the Terms and Conditions.

 

An investigation of all the charges relating to your complaint has been carried out. As they’ve all been applied in line with our current tariff of charges and haven’t arisen as a result of proven Abbey error, no further refunds will be applied.

 

Please be assured I’ve carried out a full investigation for you and I hope you feel I’ve offered a fair response to all of the issues you’ve raised. I’ll keep your file open for the next eight weeks and if I don’t hear from you within that time, I’ll assume that everything is resolved and will close your file.

 

If you remain dissatisfied though, the leaflet you'll find with this letter explains your rights and how to take your complaint further with the Abbey. The leaflet also explains your ultimate right to refer your complaint to the Financial Ombudsman Service."

 

Yours sincerely

 

Jackie Hammond

Banking Servicing

 

--------------------------------------------------------------------------

 

So glad they took the time to send me this letter. When my wife rang me today to tell me it had arrived in the post my first reaction was "Oh good, thats exactly what I was expecting, Game ON !!!!!"

 

Funnily enough tomorrow is the 14th day since I sent my first letter, so tomorrow I will be sending a "letter before action" as per the draft in the library.

 

Any advice ??

 

Regards

 

Tim

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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You've obviously been doing you reading, so no further advice apart from stick to your timetable and follow the step by step guide.

 

Keep us posted.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Hey what a coincidence - we had a very similar letter yesterday. We apparantly merited some extra abuse - it's on our thread 'Another claim'. Ours was from Rosemary Kennedy, Customer Resolutions Manager, Complaints. Otherwise there are great chunks exactly the same. Obviously they are on the run!

Good luck with your claim.

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Hi there,

 

Letter before action posted recorded delivery this morning.

Given them 14 days from today. Deadline is 12th April 2006.

 

I await there response.

 

Regards

 

Tim

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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  • 2 weeks later...

Morning all,

 

Just had todays mail and still no reply from the Abbey.

I had given them until 12th April to reply, so unless a cheque for my refund appears in tomorrows post (what do you reckon are the chances of that !!!), I will begin filing my claim tomorrow.

 

Regards

 

Tim Dunlop

Claimed against Abbey for £4284.86.

Settlement negotiated with them for an amount of £3333.65 (75% of original claim).

I am over the moon.

Please PM me if you are unsure about any part of your claim, if I can help I will.

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Please note that this topic has not had any new posts for the last 734 days.

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If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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