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jay versus goliath (abbey)


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Hi people have just started to look into claiming unfair charges brought against my girlfriend. There have been so many charges that she is overdrawn over her overdraft and are getting nasty. For over three weeks she had no money from her wages as they were eaten up by charges.

What i want to know is where do you send a prelim letter stating the claim for charges beung returned. Any help that anyone feels they can give would be great.

Jay

abbey

sent prelim and schedule Abbey17/08/2006 After £1.200 plus

Recieved usual response apologising that we are unhappy with Abbey. Said they would look into and let us know in four weeks:lol:

Sent LBA on 31/08/2006

Sent N1 form off to local court 21/09/2006:|

Recieved offer of £783, 22/09/2006 this is being rejected as court action is already in process.:razz:

Recieved notice of issue which was issued 26/09/2006.

Abbey paid £710 into account.

Sent for request of judgement 01/11/2006 (seems there may be no defence entered)

 

Halifax

Sent prelim letter and schedule to Halifax claiming £354.92 14/09/2006

sent LBA 09/10/06

Recieved normal bumf (sorry I am not happy with account blah blah blah:razz: )

Recieved an offer of £148.00 17/10/06

Sent refusal letter 17/10/06

Sent N1 1/1/2006

recieved notice of issue 03/11/2006

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hi yes she has another bank account which her wages are being paid into. We came to an agreement with abbey where they state they need to have her wages paid back into abbey to up the overdraft limit and to pay the debt off.

Is this an ok thing to do as i asked them to freeze the account and they have refused.

I have most of her statements going back about three years which is good enough. for us also wondered what do they mean schedule of bank charges.

cheers jay

abbey

sent prelim and schedule Abbey17/08/2006 After £1.200 plus

Recieved usual response apologising that we are unhappy with Abbey. Said they would look into and let us know in four weeks:lol:

Sent LBA on 31/08/2006

Sent N1 form off to local court 21/09/2006:|

Recieved offer of £783, 22/09/2006 this is being rejected as court action is already in process.:razz:

Recieved notice of issue which was issued 26/09/2006.

Abbey paid £710 into account.

Sent for request of judgement 01/11/2006 (seems there may be no defence entered)

 

Halifax

Sent prelim letter and schedule to Halifax claiming £354.92 14/09/2006

sent LBA 09/10/06

Recieved normal bumf (sorry I am not happy with account blah blah blah:razz: )

Recieved an offer of £148.00 17/10/06

Sent refusal letter 17/10/06

Sent N1 1/1/2006

recieved notice of issue 03/11/2006

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Hi all hope everything is going ok with others out there. I have started to make a schedule of bank charges and my prelim letter. I was wondering if there is a particuler address to send these to or must i just send it to my local branch? also wanted to know who to address a letter to about freezing interest and charges and how i stand legally with this concern.

I asked when i was at the bank the other day if they would freeze the account so as to start paying it off and was informed that i couldnt. I know they are talking crud :lol: as I know they can but how do I force them to do so?

As always any help that can be offered by anyone would be greatly appreciated and gladly recieved. anyways heres to screwing the banks as they like to do to us.

 

Also wondering looking at the staements it states that we were charged £20 for going over our overdraft limit, how would this be stated in the schedule?

many thanx to karnevil

Jay

abbey

sent prelim and schedule Abbey17/08/2006 After £1.200 plus

Recieved usual response apologising that we are unhappy with Abbey. Said they would look into and let us know in four weeks:lol:

Sent LBA on 31/08/2006

Sent N1 form off to local court 21/09/2006:|

Recieved offer of £783, 22/09/2006 this is being rejected as court action is already in process.:razz:

Recieved notice of issue which was issued 26/09/2006.

Abbey paid £710 into account.

Sent for request of judgement 01/11/2006 (seems there may be no defence entered)

 

Halifax

Sent prelim letter and schedule to Halifax claiming £354.92 14/09/2006

sent LBA 09/10/06

Recieved normal bumf (sorry I am not happy with account blah blah blah:razz: )

Recieved an offer of £148.00 17/10/06

Sent refusal letter 17/10/06

Sent N1 1/1/2006

recieved notice of issue 03/11/2006

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Charge for UN Overdraft

Charge for clearing 1 x Xheque (or however many were cleared at that time) Unpaid DD charge

Interest charged

 

 

Hope this helps, please dont let them bully you and dont let them make you had over cheque books or debit cards because they might pay your refund straight into the account and "forget" ever to send it to you

 

We are all here to support you both in this, best of luck

  • Confused 1

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Hi people need some help getting the bank to freeze the account to stop them adding more and more charges. Is there anyway of doing this?

Jay

abbey

sent prelim and schedule Abbey17/08/2006 After £1.200 plus

Recieved usual response apologising that we are unhappy with Abbey. Said they would look into and let us know in four weeks:lol:

Sent LBA on 31/08/2006

Sent N1 form off to local court 21/09/2006:|

Recieved offer of £783, 22/09/2006 this is being rejected as court action is already in process.:razz:

Recieved notice of issue which was issued 26/09/2006.

Abbey paid £710 into account.

Sent for request of judgement 01/11/2006 (seems there may be no defence entered)

 

Halifax

Sent prelim letter and schedule to Halifax claiming £354.92 14/09/2006

sent LBA 09/10/06

Recieved normal bumf (sorry I am not happy with account blah blah blah:razz: )

Recieved an offer of £148.00 17/10/06

Sent refusal letter 17/10/06

Sent N1 1/1/2006

recieved notice of issue 03/11/2006

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Hi yes we have. We have her wages paid into that account as she is £300 plus over the overdraft limit due to charges. Is there anything I can do?

Has anyone noticed that SHabbey charge £30 for paying a cheque but charge £35 when they bounce it. I have noticed that they have paid cheques around the same time they have bounced others go Figure

Jay

abbey

sent prelim and schedule Abbey17/08/2006 After £1.200 plus

Recieved usual response apologising that we are unhappy with Abbey. Said they would look into and let us know in four weeks:lol:

Sent LBA on 31/08/2006

Sent N1 form off to local court 21/09/2006:|

Recieved offer of £783, 22/09/2006 this is being rejected as court action is already in process.:razz:

Recieved notice of issue which was issued 26/09/2006.

Abbey paid £710 into account.

Sent for request of judgement 01/11/2006 (seems there may be no defence entered)

 

Halifax

Sent prelim letter and schedule to Halifax claiming £354.92 14/09/2006

sent LBA 09/10/06

Recieved normal bumf (sorry I am not happy with account blah blah blah:razz: )

Recieved an offer of £148.00 17/10/06

Sent refusal letter 17/10/06

Sent N1 1/1/2006

recieved notice of issue 03/11/2006

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hi Karnevil

 

Thanx that is great you have been an angel, I see you help a load of people that is so cool. will send the letter off straight away.

cheers Jay

abbey

sent prelim and schedule Abbey17/08/2006 After £1.200 plus

Recieved usual response apologising that we are unhappy with Abbey. Said they would look into and let us know in four weeks:lol:

Sent LBA on 31/08/2006

Sent N1 form off to local court 21/09/2006:|

Recieved offer of £783, 22/09/2006 this is being rejected as court action is already in process.:razz:

Recieved notice of issue which was issued 26/09/2006.

Abbey paid £710 into account.

Sent for request of judgement 01/11/2006 (seems there may be no defence entered)

 

Halifax

Sent prelim letter and schedule to Halifax claiming £354.92 14/09/2006

sent LBA 09/10/06

Recieved normal bumf (sorry I am not happy with account blah blah blah:razz: )

Recieved an offer of £148.00 17/10/06

Sent refusal letter 17/10/06

Sent N1 1/1/2006

recieved notice of issue 03/11/2006

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Hi People

sending my prelim off tommorrow 17/09/2006 here's to fun and games for a few months. Looking at doing Barclays as they are trying to get £802 out of me which i owe from three years ago for charges they wacked on me. Swines

 

 

jay

abbey

sent prelim and schedule Abbey17/08/2006 After £1.200 plus

Recieved usual response apologising that we are unhappy with Abbey. Said they would look into and let us know in four weeks:lol:

Sent LBA on 31/08/2006

Sent N1 form off to local court 21/09/2006:|

Recieved offer of £783, 22/09/2006 this is being rejected as court action is already in process.:razz:

Recieved notice of issue which was issued 26/09/2006.

Abbey paid £710 into account.

Sent for request of judgement 01/11/2006 (seems there may be no defence entered)

 

Halifax

Sent prelim letter and schedule to Halifax claiming £354.92 14/09/2006

sent LBA 09/10/06

Recieved normal bumf (sorry I am not happy with account blah blah blah:razz: )

Recieved an offer of £148.00 17/10/06

Sent refusal letter 17/10/06

Sent N1 1/1/2006

recieved notice of issue 03/11/2006

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  • 2 weeks later...

Hi people

 

Just got this response to my prelim letter to abbey:rolleyes: . I can honestly say that I haven't come across this one while looking through this site.Is it just me or are they trying to change tact with their responses. Does this mean that I will have to wait the four weeks or will should I continue with the LBA ?

Cheers Jay

 

Dear Miss Osborn

Thank you for contacting us and I am sorry that you have been so unhappy that you have felt you must complain.

One of my team will be responsible for investigating your complaint and I have enclosed our Complaints leaflet, which explains our procedure for doing this. High quality customer service is of great importance to us at Abbey and we will do everything we can to resolve your complaint in a timely and satisfactory manner.

I know it is important to you that we resolve your complaint quickly, but we want to do a thorough investigation and sometimes this can take time. If we have not contacted you before then, we will write to you in four weeks to let you know what is happening.

Although I do not know what the outcome will be, I do hope that we will be able to find a solution that you are happy with.

Yours sincerely

 

 

Marc Winder Head of Complaints

Enc. Complaints Leaflet

abbey

sent prelim and schedule Abbey17/08/2006 After £1.200 plus

Recieved usual response apologising that we are unhappy with Abbey. Said they would look into and let us know in four weeks:lol:

Sent LBA on 31/08/2006

Sent N1 form off to local court 21/09/2006:|

Recieved offer of £783, 22/09/2006 this is being rejected as court action is already in process.:razz:

Recieved notice of issue which was issued 26/09/2006.

Abbey paid £710 into account.

Sent for request of judgement 01/11/2006 (seems there may be no defence entered)

 

Halifax

Sent prelim letter and schedule to Halifax claiming £354.92 14/09/2006

sent LBA 09/10/06

Recieved normal bumf (sorry I am not happy with account blah blah blah:razz: )

Recieved an offer of £148.00 17/10/06

Sent refusal letter 17/10/06

Sent N1 1/1/2006

recieved notice of issue 03/11/2006

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Fancy a laugh????

Here is a copy of the complaints procedures for the Abbey.

Jay:D

We can

At Abbey we want to keep our customers happy, but we realize sometimes we make mistakes.

This leaflet tells you how to make a complaint. If you tell us about the problem, we'll try our best to put it right.

Please note that if your complaint relates to an Abbey insurance product, different procedures apply. Please look in your policy booklet to find out who you need to contact for your particular insurance product at each stage of the complaints process.

Step 1 - Contact the department you have a complaint with This may be your local Abbey branch or office. When you contact them you will need to have some key information to hand so they can help.

- Your name and account or policy number

- The reason for your complaint

- How you think the problem should be resolved

- Photocopies of any relevant documentation.

We promise to

- Let you know within five working days that we've received your complaint. If we need more time to investigate, we'll keep you posted.

- Try our best to deal with your complaint within four weeks. If we need more time we will let you know.

If you are still unhappy

If we have been unable to resolve your complaint, please see step 2 for what to do next.

 

Step 2 - Contact Complaints

You can contact Complaints on 0845 600 6014. Lines are open from 8.30am to

5.30pm, Monday to Friday and from 9am to 1pm on Saturday, or please write to:

Customer Complaints

Abbey

PO Box 5129

Milton Keynes

MK9 2YN

We promise to

- Send you our final response within eight weeks of your original complaint to us, or write to you explaining why we haven't completed our investigations and when we will have done so.

If you are still unhappy

If we have been unable to satisfactorily respond to your complaint or haven't sent you our final response after eight weeks from the date you originally complained to us, please see step 3 for what to do next.

Step 3 - Contact the Financial Ombudsman

Once you have given us the chance to put things right, if you are still unhappy

you can contact the Financial Ombudsman Service. The contact details are:

Financial Ombudsman Services

South Quay Plaza

183 Marsh Wall

London

E149SR

Telephone 0845 080 1800

Using your own Solicitor or third party complaint-handling firm

Employing a third party complaint-handling firm, or a Solicitor or Financial Adviser, does not affect how we review your complaint. However, please be aware that:

- Abbey does not charge you to investigate your complaint

- Abbey will not be liable for any costs incurred if you decide to employ a third party to handle your complaint during this review

- Abbey, in general, will only make payment directly to the policy holder(s) if your complaint is upheld and redress is due.

abbey

sent prelim and schedule Abbey17/08/2006 After £1.200 plus

Recieved usual response apologising that we are unhappy with Abbey. Said they would look into and let us know in four weeks:lol:

Sent LBA on 31/08/2006

Sent N1 form off to local court 21/09/2006:|

Recieved offer of £783, 22/09/2006 this is being rejected as court action is already in process.:razz:

Recieved notice of issue which was issued 26/09/2006.

Abbey paid £710 into account.

Sent for request of judgement 01/11/2006 (seems there may be no defence entered)

 

Halifax

Sent prelim letter and schedule to Halifax claiming £354.92 14/09/2006

sent LBA 09/10/06

Recieved normal bumf (sorry I am not happy with account blah blah blah:razz: )

Recieved an offer of £148.00 17/10/06

Sent refusal letter 17/10/06

Sent N1 1/1/2006

recieved notice of issue 03/11/2006

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Hi people

 

Just got this response to my prelim letter to abbey:rolleyes: . I can honestly say that I haven't come across this one while looking through this site.Is it just me or are they trying to change tact with their responses. Does this mean that I will have to wait the four weeks or will should I continue with the LBA ?

Cheers Jay

 

Jay, its a standard response, continue with your LBA and use your time frame, not theirs :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 3 weeks later...

Hi people

 

Here is my version of a brief detail of claim for the first page of the N1 form. Hope it helps.

Jay

The Claimant has a contract with the defendant bank dated XXXX and which is conducted on their standard terms and conditions. The Claimant is claiming the return of money taken by the defendant in the way of charges over the last xx years plus the interest they have levied on those charges. The Defendants charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law.

Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

The Claimant has repeatedly asked the Defendant to justify their charges but they have declined to do so.

abbey

sent prelim and schedule Abbey17/08/2006 After £1.200 plus

Recieved usual response apologising that we are unhappy with Abbey. Said they would look into and let us know in four weeks:lol:

Sent LBA on 31/08/2006

Sent N1 form off to local court 21/09/2006:|

Recieved offer of £783, 22/09/2006 this is being rejected as court action is already in process.:razz:

Recieved notice of issue which was issued 26/09/2006.

Abbey paid £710 into account.

Sent for request of judgement 01/11/2006 (seems there may be no defence entered)

 

Halifax

Sent prelim letter and schedule to Halifax claiming £354.92 14/09/2006

sent LBA 09/10/06

Recieved normal bumf (sorry I am not happy with account blah blah blah:razz: )

Recieved an offer of £148.00 17/10/06

Sent refusal letter 17/10/06

Sent N1 1/1/2006

recieved notice of issue 03/11/2006

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  • 1 month later...

Wehey got £710 from abbey only taking as part payment

Jay

abbey

sent prelim and schedule Abbey17/08/2006 After £1.200 plus

Recieved usual response apologising that we are unhappy with Abbey. Said they would look into and let us know in four weeks:lol:

Sent LBA on 31/08/2006

Sent N1 form off to local court 21/09/2006:|

Recieved offer of £783, 22/09/2006 this is being rejected as court action is already in process.:razz:

Recieved notice of issue which was issued 26/09/2006.

Abbey paid £710 into account.

Sent for request of judgement 01/11/2006 (seems there may be no defence entered)

 

Halifax

Sent prelim letter and schedule to Halifax claiming £354.92 14/09/2006

sent LBA 09/10/06

Recieved normal bumf (sorry I am not happy with account blah blah blah:razz: )

Recieved an offer of £148.00 17/10/06

Sent refusal letter 17/10/06

Sent N1 1/1/2006

recieved notice of issue 03/11/2006

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  • 3 weeks later...

Hi people

Just a quick one.

Won by default against Shabbey as they didnt enter a defence just have to get the money out of them.

Also scored against halifax sent me a check for £404.92. They say they would defend it but it would cost them too much and they would net be able to reclaim the court costs.

In the letter they state that they are not admitting liabilty but here is the money. £290 for charges incurred, £64.92 and finally £50 for the court fee.

Yeeeeee HA

 

Jay:D

abbey

sent prelim and schedule Abbey17/08/2006 After £1.200 plus

Recieved usual response apologising that we are unhappy with Abbey. Said they would look into and let us know in four weeks:lol:

Sent LBA on 31/08/2006

Sent N1 form off to local court 21/09/2006:|

Recieved offer of £783, 22/09/2006 this is being rejected as court action is already in process.:razz:

Recieved notice of issue which was issued 26/09/2006.

Abbey paid £710 into account.

Sent for request of judgement 01/11/2006 (seems there may be no defence entered)

 

Halifax

Sent prelim letter and schedule to Halifax claiming £354.92 14/09/2006

sent LBA 09/10/06

Recieved normal bumf (sorry I am not happy with account blah blah blah:razz: )

Recieved an offer of £148.00 17/10/06

Sent refusal letter 17/10/06

Sent N1 1/1/2006

recieved notice of issue 03/11/2006

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