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LordLee

Charges refunded. But they now want them back.

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Hi,

 

I'm SOOOO glad i've discovered this forum. I wonder if anyone can offer me advice.

 

I Bank with Abbbey and for months... dare I say years, on and off i've been charged over £100 a month in bank charges etc.

 

Now reading posts here and on 'Martin's Money Tips' people are saying this is all 'potentially' reclaimable.

 

But surely it's my fault. I have been careless with my account. And the odd ridiculous charges aside (like being charged £30 for iTunes Music store taking 79p later then expected, hence me going overdrawn) i really only have myself to blame.

 

I can't quite comprehend reclaiming all this cash. I've sorted my finances out now. But am i really in with a chance of reclaiming all this cash? And now quite a few people are doing it... should i be quick before the banks find a legal solution?

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But am i really in with a chance of reclaiming all this cash?

 

The simple answer is yes, you are in with a chance as long as you know that ultimately you might end up in court against the bank(s). The main crux of the argument is that the banks charges are punitive in nature and that no way does it cost what they say it does when they charge you for going overdrawn, bouncing a direct debit etc, regardless of whether it was your fault or not.

 

Read around, look at the FAQ's section and everything you need to know on what to do should be covered in there.

 

Good luck - we're all in it together :)


Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Have a read of the FAQ's - you should already have read the rules of course.

 

The reason as to why you incurred penalties is largley irrelevant.


<font face=arial size=1>Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.</font>

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cheers guys. i've had a good read of the FAQ and all sounds clear.

 

just 1 question... it was a bit confused whether the Data Protection Act Request Letter or Preliminary approach for repayment letter should be my first action? should i be giving them a phone call first?

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You can do it either way you want. However, do realise that it is not an automatic cashback system. You may have to go to court and you will have to convince a judge.


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Do you know the full amount of the charges that you want to claim back?

 

If not send the Data Protection letter.

 

If you do (for definite), send the Preliminary Approach one.

 

As for a phone call, it's up to you...I kept mine strictly written, sent by recorded delivery, so I had evidence of everything.


Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Do you know the full amount of the charges that you want to claim back?

 

If not send the Data Protection letter.

 

If you do (for definite), send the Preliminary Approach one.

 

As for a phone call, it's up to you...I kept mine strictly written, sent by recorded delivery, so I had evidence of everything.

 

I fully understand that i may have to go to court. But it's worth it as i'll be defo claiming under £5000.

 

I know how much to claim for if i just go for the last 6 months... but, i'll have to go the data protection letter route if i go back any further.

 

hmmmm i have a decision to make. if i go the longer route (data pro letter) any chance the banks will have covered their arse by then?

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Not unless they invent a time machine to go back to 1915 and change the law! :lol:

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The banks consider that they already have their rear-ends quite covered.

It will be up to you in a courtroom to pull the veil aside.


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What address do we right to with Abbey? Head office? Local branch? There are conflicting reports on here...

 

Is there anyone on here who has gone through this and had a decent response? If so what address did you use?

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It really doesn't matter - just like it says in the FAQ's - which I'm assuming you've read.

 

Send it to any of their registered offices.


<font face=arial size=1>Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.</font>

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I sent my DPA request and the 40 day deadline is 2nd May. However I did not send £10. So... 2 weeks ago i sent a postal order for £10 and a letter reminding them the deadline runs out of the 2nd May.

 

I still have heard nothing. I would follow it up but do not know who to call or email.

 

Anyone reckon they are gonne be slimey b*stards and give themselves 40 days from receipt of the 2nd letter and £10 postal order?

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Anyone reckon they are gonne be slimey b*stards and give themselves 40 days from receipt of the 2nd letter and £10 postal order?

Quite possible, and it is likely that you may have to adjust your timetable accordingly. Technically the 40 days does not start umtil they receive the money. If this happens you will have to grin and bear it, unless they have acknowledged the start of the 40 days elsewhere.

 

However, good luck and chin up.


Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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thanx. but i would like to follow it up with a call. anyone know what dep i need to speak to? or even a number?

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Since you have not received a reply to this specific question, I think you might as well use the following... copied from contact details at the top of Abbey's page

 

Dawn Hoyle is the head of :-

Customer Satisfaction Centre

Abbey

PO Box 5129

Milton Keynes

MK9 2YN

Tel :- 0845 600 6014

Fax :- 0845 600 1378

Minicom :- 0845 600 1344


..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I sent my DPA request and the 40 day deadline is 2nd May. However I did not send £10. So... 2 weeks ago i sent a postal order for £10 and a letter reminding them the deadline runs out of the 2nd May.

 

I still have heard nothing. I would follow it up but do not know who to call or email.

 

Anyone reckon they are gonne be slimey b*stards and give themselves 40 days from receipt of the 2nd letter and £10 postal order?

 

Yes they will. It's what they do.

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Although I sent my DPA request and am still waiting response, I also have obtained the last 14 months of statements via the Abbey website. It took about a month.

 

I have calculated the charges i wish to claim for within the 14 months. But should i wait till Abbey pull their finger out with my DPA request? Or can i claim for this 14 months and the rest later?

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You are best advised to wait for the DPA return, and make one claim.

 

This takes care of the manual intervention issue too.


..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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You are best advised to wait for the DPA return, and make one claim.

 

This takes care of the manual intervention issue too.

 

OK... could you just clarify what the whole manual intervention thing means? I'm not so sure what i can gain from knowing this information?

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Guest Lueeze

Have you read the forum?

 

It is clear that the banks charge this amount to you to cover there so called 'costs'

 

To disprove this theory and to proove the computer does it all, you need to request this information so that you have more ammunition if it went to court.

 

Please read everything over and over, without knowing all the in's and out's you will not be confident.

 

Have faith it will be fine...

 

Lou x

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I'm a bit nervous doing this as Abbey finally responded to my DPA request and sent me everything since mid 2000.

 

If i went for every charge I would be claiming for over £5500. But as these boards have advised to keep the claim under £5000 i'm going to claim from a later point and go for £4800.

 

I'm very worried as this seems to be one of the biggest claims i've read about on these boards. (Also embarressed for the way i've run my account... and i'm sure Abbey will bring this up.)

 

Should i go for less? Could'nt they counter claim for an amount that would take it over £5000 so somehow it doesn't stay in the small claims court?

 

Any advice welcome.

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Hiya,

 

You've come to the right place.

 

There can be problems if your claim is above £5K, so shaving a month or two off may well be a good option. However, if you have to reduce your claim by more than six months it may be worth making a claim for the earlier period first, waiting for it to settle and then bringing another claim later.

 

You could also do a search for the word "sever" in the forums, and read up on this. You need to be advised to not run the claims at the same time to avoid the risk of consolidation by the bank. A good thread is this one: http://www.consumeractiongroup.co.uk/forum/showthread.php?t=651

 

As for how you have managed your account - we all have difficult times, and poor account management cannot always be helped. If the banks stuck to the banking code guidelines, and treated us more sympathetically, then a lot of us would not be here to start with.

 

Good luck, and keep us posted.


Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thank you. I will probably just go for the £4800 and write the rest off. I know you cannot comment on what the Bank will do... but am I in a higher risk category for claiming £4800 than say £900? I'm gonna have to pay more to make the claim i know... but i guess i'm just a bit nervous taking on, what appears to be, a mammoth task.

 

 

Hiya,

 

You've come to the right place.

 

There can be problems if your claim is above £5K, so shaving a month or two off may well be a good option. However, if you have to reduce your claim by more than six months it may be worth making a claim for the earlier period first, waiting for it to settle and then bringing another claim later.

 

You could also do a search for the word "sever" in the forums, and read up on this. You need to be advised to not run the claims at the same time to avoid the risk of consolidation by the bank. A good thread is this one: http://www.consumeractiongroup.co.uk/forum/showthread.php?t=651

 

As for how you have managed your account - we all have difficult times, and poor account management cannot always be helped. If the banks stuck to the banking code guidelines, and treated us more sympathetically, then a lot of us would not be here to start with.

 

Good luck, and keep us posted.

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Thank you. I will probably just go for the £4800 and write the rest off. I know you cannot comment on what the Bank will do... but am I in a higher risk category for claiming £4800 than say £900? I'm gonna have to pay more to make the claim i know... but i guess i'm just a bit nervous taking on, what appears to be, a mammoth task.
The upper limit is £5K - and no amount below this is any riskier than any other amount. If you are happy with £4,800 (including the penalty interest they have charged you) then go with this. Don't forget, the 8% APR is a claim ONLY when the issue has been raised in court, and therfore does NOT count towards your £5K upper limit...

 

Don't be nervous, be FULLY prepared. Make sure you read all the available material in the FAQs and library, as well as in the Abbey forum. If you need support or encouragement then post your woories on this thread - it will be picked up on...


Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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