Benson vs Abbey *** WON ***

[MARTIN3030]

The temp letters can be modified to take account of replies.

Very often things cross in the post because banks leave things to the last minute.

 

You only need to reply imbetween if offers are made.

 

Work out what stage you are at.

If its lba time then send that out you could add a line in there that you will be claiming........ but you have reasons to believe there are more charges and will be claiming these as well, once those figures are in your posession.

[dave]

They haven't been visited yet - they are due a visit from the IC in September.

[MARTIN3030]

Good that you confirmed this.......I have been looking for the source,I was of the understanding that a visit had already been made.

It therefore gives more reasons as to why everyone who has been made to wait or not got their statements should complain and add weight to an overdue visit.

[Guest Niklowe]

When making a complaint to the Information Commissioners Office, what address on the complaints form, should I put for Abbey?

[MARTIN3030]

HEAD OFFICE: ABBEY HOUSE WELLINGTON WAY WEYBRIDGE SURREY KT13

[Guest Niklowe]

Thanks Martin

[Willbenson69]

Right, i have finally recieved a letter back of them.this confirms receipt of my £10 for fee for statements which says they will send me this information but that it does not come under data protection act so they cannot tell me how long it will take.I assume this is delaying tactics again.They recieved my original request letter on 3rd august.So basically they are saying that all this info is stored on microfiche and i will receive these shortly.Shall i just stick to my original time frame.In that sense,when do i send my lba? shall i sit tight and wait for them to send me this info as stated on the letter they have sent or just keep going?

 

I assure you i will be donating to the site at the end of all this.

[MARTIN3030]

Carry on and see what comes forward.

 

[Glenn UK]

I disagree martin

 

Personally i would respond rejcting thier claim that the data doesnt comply.

 

When you get to court they may try to act innocent by telling you they didnt think their data complied and you accepted it by failing to respond.

 

I am not sure what credence the court would give, but for me if you reject it everyone kows where they stand when you finally submit you court action.

 

JMHO

 

Glenn

[Willbenson69]

So if that is the case then what letter do i send back to them? Plus if i have no records of the charges yet, then how can i fill out the LBA and send it back as some bits are irrelevant as they have sent one years worth of transactions ands the LBA template goes on about how disgusted you are that none of this info has been sent.They have said all this info will be with me shortly.Is it just not worth waiting for these? Or alternatively shall i just call the number that they have advised me to ring with any queries and hassle them over the phone to see when i will get all this?

[Glenn UK]

FWIW

 

This is a self help site, so you need to amend any templates you want to send to suit your particualr circumstances as a start point.

 

If you uncertain whether you are saying anything wrong in the letter after youve had a go, post it and people will comment.

 

The key thing you should remeber is that the process you are starting may end up in court. you are starting the process to sue the bank!

 

If you choose not to do something but sit and wait, then it may reflect on your case shold it come to court. if you do not force them to send your data then why should they?

 

If the 40 days passes then imho start legal proceedings. if they dont know you are not accepting thier claims as to the status outside of the data why should they do anything?

 

Ultimately the choice is yours and I am only giving my untrained view.

 

Personally i am trying to conduct my claim in a 'legal way' to reduce the possibility of any delays or aggro for when it gets to court.

 

JMHO

 

Glenn

[MARTIN3030]

My answer was based on the assumption that the mf arguement letter was sent.(or should I say would be sent)

 

Abbey have started to comply with a lot of requests from people using the temps letters from here.

As previously mentioned recently,there are lots of people trying to claim back charges who have not got the benefit of such temp letters.

Abbeys standard replies therefore should not always be taken at face value.

[Willbenson69]

Have received 1.5 years worth of statements from abbey now.I am going to start a claim with the estimates i've got which amounts to £1,491.05 so far.I have however requested that they still send me a list of charges for the last 6 years.I am going to send this letter but i have ammended it a little to let them know this my first claim and once i receive the other info i will be claiming for that.Can someone have a look and let me know if this letter should do the trick or if it will hinder my claim

 

cheers

 

 

Dear Pam Speed

Account no: xxxxxxxxx

Over the past six years, you have charged me for exceeding my credit limit/for visa payments when no money in account and for bill payments for the same reason. It has come to my attention that this is unlawful at common law, and under statute and recent consumer regulations.I shall be filing also for further charges when I am in receipt of further statements I have requested inline with the data protection act detailing charges on my account for the past 6 years, of which I have only received 1.5 years worth

In the terms of the contract which you agreed to at the time that I opened my account, it is implied that you will conduct yourselves in a manner which complies with UK law.

I require full repayment of these charges, which I calculate at £1,491.05. I also ask you to remove any default notices on my credit record that are related to these charges. A correction or amendment to the entries are not acceptable.

If you do not comply fully within 14 days, I shall begin a claim against you for the full amount, plus interest and costs, plus a claim under ss.7 and 13 of the Data Protection Act 1998.

Furthermore, I shall submit to the OFT a complaint under the Consumer Credit Act 1974 upon the basis that you have failed to comply with their direction of 5 April 2006 and are therefore not 'fit and proper' to hold a consumer credit licence under the 1974 Act.

Yours faithfully

William Benson

[Willbenson69]

Hi guys and girls.Seriously need some advice now.Sent off my lba asking for 1,500 back and all i got was a leaflet advising me how to complain to Abbey.What now? send another lba advising them they have however many days left of the 14 to refund my money or just start court proceedings now? and if so, is there a thread on here showing how i go about this.

 

HELP!

[Glenn UK]

Hopefully you have followed the advice here with regards to timings generally in respect of prelim letters?

 

Assuming you have then it seems a standard response, you write to abbey say give it back, they send you a helpful leaflet.

 

At least thats what they did to me when i sent the pre lim in.

 

Dont worry stick to your timetable. if they dont respond then after 14 days submit your claim.

 

If you fgeel generous you could wrtie to them at 7 days and say you have 7 left if you want.

 

HTH

 

Glenn

[NinaNeedsMoney]

Hi there

Do you know if you can claim back charges on a credit card account that you have already closed?thks

[Willbenson69]

Hi there

Do you know if you can claim back charges on a credit card account that you have already closed?thks

 

 

not sure im afraid.

[Glenn UK]

Hi there

Do you know if you can claim back charges on a credit card account that you have already closed?thks

 

You can claim it back, theyve taken moeny illegaly and your asking for it back.

 

All the accounts im chasing are closed

 

HTH

 

Glenn

[NinaNeedsMoney]

Thks so much

Nina

[Willbenson69]

Hi again.Its now coming up to 14 days and charges have not been refunded.I know i should now start my claim through the courts but am a bit unsure of how this process works.Can anyone help.I cannot find the templates or the section i should go to.

 

any help would be most appreciated.also it is almost past the 40 day deadline for the microfiche thingy.what course of action if any should i take to get the rest of the information (i have info for last 18 months which is what i am usuing to file my claim.

 

thanks in advance

[Lula]

Wikll, all the templates, and FAQ's and a link to moneyclaim are at the bottom of my signature, Hope this helps

[Janeyh]

Hi again.Its now coming up to 14 days and charges have not been refunded.I know i should now start my claim through the courts but am a bit unsure of how this process works.Can anyone help.I cannot find the templates or the section i should go to.

 

any help would be most appreciated.also it is almost past the 40 day deadline for the microfiche thingy.what course of action if any should i take to get the rest of the information (i have info for last 18 months which is what i am usuing to file my claim.

 

thanks in advance

 

Will, check your PM

 

Janey

[Willbenson69]

Right i'm filling out the money claim bit and was goingto put this down

 

 

 

I have a contract with the defendant since

2001 conducted on their standard terms and

conditions.I claim return of money taken by

the defendant in charges over the last

6years plus interest levied on those

charges. The charges are a disproportionate

penaltyand thus unenforceable as they are

contrary to common law. Also as a

disisproportionate penalty they are invalid

under the Unfair(Contracts) Terms Act 1977

s.4 and the Unfair Terms in Consumer

Contracts Regulations 1999. Para.8,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. I have asked the

bank to justify their charges but they

declined. I claim a sum equivalent to the

total amount unlawfully debited since

01/02/05:£1,491.05.I also claim £119.28

interest under s.69 of the County Courts

Act 1984 at 8% a year from 01/02/05 to

30/08/06 and interest at the same rate up

to the date of judgment or earlier payment

at a rate of 23.6p/day.

 

 

is there any of this i can lose as it is too many lines and does this look ok? Also,i'm being thick,but when you are on the partucluars of claim section and it says sign (initials and surname) do you just type that in on your pc?

[Lula]

The claimant has an accountXXXXXX with

the defendant since XXXX until the

present date.Between XXXX and XXXXX

the defendant made various deductions from

the account in respect of unauthorised

overdraft fees and 'returned payment' fees

If the defendant is able to establish that

the contract between the claimant and the

defendant did contain terms purporting to

entitle the defendant to levy these

charges, the claimant will contend that

they are unenforceable at common law, being

penalty clauses rather than being

liquidated damages clauses. The claimant

claims from the defendant a sum equivalent

to the total amount unlawfully debited to

the claimant?s account during the above

mentioned period, being £XXXXX The

claimant further claims interest pursuant

to s69 of the County Courts Act 1984 at the

rate of 8%pa, being the sum of £XXXX and

interest at the same rate up to the date of

judgment or earlier payment at a daily rate

of 0.00022%. Plus the court fee.

 

 

There you go, it fits, just fill in the blanks

[Willbenson69]

Thank you thank you thank you.If there was a bowing down praising you smiley i would insert it here.