Teebum V Abbey **** WON !!!! ****

[teebum]

Thanks, this is scary for me, never took on anyone before

[Lula]

LOL most of us havnt, I have never taken anyone to court before and there was me the other night filling in my moneyclaimonline thingy and I got the paperwork through from the court today, its empowering, take a good read through the forums and you will be very surprised at how powerful we really are as consumers and customers

[teebum]

Is there anaverage time that these claims take?

[teebum]

Thanks, I am an ex employee and quite nervous about this

[teebum]

I will go for co op on Monday, will keep all 2 weeks apart

[teebum]

Will try to be organised for once

[teebum]

Have you ever dealt with the co op

[sandrajl]

Hi karnevil,

ive just worked out that since 6/12/05 -6/7/06 ive had £507.93 charges taken from my acct so how do i work out the last 6 yrs ...please dont say download the spreadsheet template cos i just cant get it to download on my comp as im no good on this thing... ???

[teebum]

Got the standard 12 months statements today, when I list charges do I list them earliest to latest?

 

 

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

31/07/06 sent Data Protection letter to Abbey.

09/08/06 Recived fob off letter

14/08/06 Sent second DPA letter

15/08/06 Received 12 months of statements

[teebum]

thanks, is spreadsheet easy

[teebum]

Do I use simple or Advanced version

[teebum]

Thanks again

[teebum]

Do I include charges for unauthorised overdraft

[keren29]

hi - yes, you do.

 

For some reason, my jobs have never given me much exposure to Excel but I found that the spreadsheet was easy to use. I typed in the charges (earliest to latest) on the 8% page. I then copy and pasted all the cells with the dates/type of charge/amount of charge (without the 8% bit) into a Word document and sent that along with the prelim and the LBA. I then had the figures already inputted when I was doing the claim itself, all I had to do was change the date on the spreadsheet to the day of the claim.

 

Good luck. I'm a bit ahead of you, but if you have a read through my thread (keren29 v abbey) I've updated it as I've gone along, so it might help you.

[teebum]

Have added up one years charges and it comes to £1811, and with interest £1903. If I times this by 6 it will be well over the £5000 limit.

 

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

31/07/06 sent Data Protection letter to Abbey.

09/08/06 Recived fob off letter

14/08/06 Sent second Data Protection Act letter

15/08/06 Received 12 months of statements

[teebum]

Sorry, but is there a template for this?

[teebum]

God have no idea how or what to say

[teebum]

The prelim letter is a template?

 

 

 

Data protection manager

Data protection team

Regulatory compliance

Abbey House

201 Grafton Gate East

Milton Keynes

MK9 1AN

 

 

16 August 2006

 

 

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: 72

 

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter

 

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

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.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

 

 

 

 

 

 

 

Yours faithfully,

 

 

 

 

 

[name]

[teebum]

Thanks, I feel dumb

[teebum]

Got some more statements today from 2005, looks like micro fiche. Should I be doing anything else now?

 

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

31/07/06 sent Data Protection letter to Abbey.

09/08/06 Recived fob off letter

14/08/06 Sent second Data Protection Act letter

15/08/06 Received 12 months of statements

17/08/06 Received another 2 months of statements from 2005

[teebum]

March and April,,, how did you know??

[teebum]

till when, then what?

[teebum]

Have not sent prelim letter yet, will do it tomorrow. Do I include 8% interest

[teebum]

Thanks, will send it today

[teebum]

Does this sound right?

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £ £1,980.36

from my account between 09/04/2005

and 10/07/2006. Additionally I estimate you have taken £7920 from my account between 09/04/2000 and 09/04/2005 - this is a reasonable estimate based on the statements I have. I reserve the right to amend this amount on receipt of my information from you, requested under the Data Protection Act on 13/08/2006. I enclose a schedule of the charges which I am claiming with this letter