MBNA/Abbey CC Charges - RESULT

[joseph]

Hi Guys,

 

I have become so annoyed with Abbey, ever since the takeover they have been very unhelpful.

 

I sent a letter last Thursday for a claim of £360. I gave them 10 days to respond. 8 days have passed with no response.

 

Next step is the Sherrif court (I'm in Scotland).

 

I sent the letter to Abbey PO Box 382, Prescot St. London E1 8RP. I used the one from the Govan Law Centre, because it is more geared towards Scot's Law.

 

I'll keep you posted on the results. I'm making a seperate claim against Bank of Scotland too. So I'll post the details in their thread.

 

Joseph

[Bookworm]

Welcome, and well done.

 

Yes, do let us know

[Natasha]

Hello and welcome!

 

i understand how your feeling as i am in the same boat, keep us updated

[joseph]

I received a letter from Abbey yesterday in response to my threat of legal action. Here is the letter:

 

Dear Mr .....

 

Thanks for contacting is and I'm soryy that you've been so unhappy that you've felt you must complain.

 

One of my team 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, be we want to do a thorough investigation and sometimes this can take time. If we haven't contacted you before then, we'll write to you in 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.

 

Yours sincerely,

 

Dawn Hoyle (Auto Signature)

Head of Customer satisfaction centre.

[joseph]

I told them to refund the charges within 10 days or I'd take legal action. So I guess that's what I'll do now. What do you reckon?

[joseph]

Sent a letter to MBNA claiming £30 in over limit fees. Gave 7 days for a response.

 

Will keep you posted.

[Bookworm]

Welcome, well done and thanks.

[BankFodder]

If that's what you said then that's what you do.

[joseph]

Well I've filled out all the forms for the court, I'll take them down to the court tomorrow. Do I have to do it all in person?

[richardc]

It is probably best to.

[joseph]

I went down to my local Sheriff court today and submitted all the paper work payed the fees etc...

 

Now I'll just sit back and wait for their response from Abbey.

[richardc]

Well done. Keep us posted.

[joseph]

Small Claim Summons - joseph v. Abbey National Plc

 

Ref: 62822006

 

Kilmarnock Sheriff Court

 

Amount £304 plus expenses & interest.

[joseph]

Got a second letter from Abbey today. They tell me that they have carefully considered the points in my letter.

 

Well, i beg to differ. Firstly they threaten to close the account if I take them to court, ok, it's already closed you numpty. Secondly I won't be taking it to the county court because I'm in Scotland it will be the Sheriff court. Thirdly they said I'd received charges prior to the ones claimed for, also not true.

 

I don't care the claim has already been lodged with the courts.

[joseph]

Here is my second letter to Abbey:

 

23rd March 2006

 

 

Dear Mrs XXXXXX,

 

Re: Your refusal to refund bank charges - NOTICE OF LEGAL ACTION

 

A/c: 090126 XXXXXXXX

 

I write in response to your letter refusing my request for a refund of bank charges. I note

your position is that I am not entitled to a refund because the terms and conditions of my

account allow you to impose charges where I have insufficient funds in my account.

 

I also note your suggestion that I can complain to the Financial Services Ombudsman if

dissatisfied with this decision. However, please be advised that it would be inappropriate to

complain to the Financial Services Ombudsman where the only forum which can determine

a dispute on the legality of charges is my local court. I would ask you to note the following.

 

Your bank insists it can impose charges in accordance with its terms and conditions of

contract. However, those terms and conditions are subject to the common law and the

Unfair Terms in Consumer Contract Regulations 1999 (UTCCR). Indeed, the UTCCR

takes precedence over any contractual term where the court finds a term to be ‘unfair’. The

court can then treat that term of contract as having no legal effect.

 

The question that arises is this: are your charges unfair in terms of the UTCCR? 0n 26 July

2005 the OFT stated that 'a charge is likely to be disproportionately high if it is more than a

court would be likely to award if the lender sued the cardholder for breach of contract'. So

what would the court award your bank for my minor breach of contract?

 

As you will be aware, the court will only award (in a non-negotiated consumer contract) a

sum to reimburse actual loss. Your charges do not reflect actual loss. Rather, they include

a massive profit margin or penalty. Alternatively, they subsidise the bank's global debt

recovery costs and lending losses. There is parliamentary evidence for this assertion.

 

When the UK banks gave evidence to the House of Commons Treasury Committee on how

bank charges were calculated they said:

 

"[bank charges] are going to pay for all the people we have who pursue debt, collect

debt, speak to customers and chase payments. The way these charges are arrived

at is by taking these total costs and making some assumptions about the volume

that is going to come through to arrive at the individual charges" (House of

Commons, 2nd report, 25 January 2005, paragraph 50).

 

Accordingly, your charges do not reflect the actual loss in my case. They are an illegal

penalty charge designed to recover money unconnected with the conduct of my account.

Please advise whether you have an appeals procedure, and if so, please treat this letter as a request for an appeal against your decision not to refund charges.

 

I have already lodged papers at my local Sheriff court seeking redress in regard to the matters outlined above. I will, naturally, call off any proceedings if you agree to refund the charges that I have requested plus the £39 court fees already paid. Notice of legal action is therefore, hereby given.

 

I looks forward to your response.

 

Yours faithfully,

 

 

 

 

Joseph XXXXX

[Natasha]

Wow joseph thats one hell of a lettter!

 

Best wishes and keep us updated

[joseph]

Not mine I must admit except for the last few paragraphs. The majority is from the Govan Law Centre.

[Spiceskull]

Well done - don't give them breathing space and stick to the timetable you have set.

[booboo]

go joseph...

 

After receiving nearly £1000 in fines and charges in just 12 Months!! for various DD's which never shouldve been paid in the first place (bank only offered £30 refund for the mistakes) , I have decided to follow your lead and today have posted an Initial letter to the bank..

 

Ill keep you guys informed

[richardc]

Welcome and well done.

 

Can you start your own thread for your claim please. It makes it far easier to follow.

[joseph]

Hi Guys,

 

Just a quick update. I got a letter from the Sheriff Court today my case number has changed, it is now: SA332/06.

 

The Abbey have until 19/5/06 to respond to the claim. The hearing is set for the 26/5/06.

 

I hope I don't have to wait that long.

[joseph]

I forgot to post that I had written to MBNA, they were the last to reply. I phoned a number given on the reply and they offered half the charges back, so £15. I said no, that I was serious about legal action and that all the cases I was aware of in Scotland had been won by the pursuer. I was immediately offered a full refund of £30.

 

RESULT!!!!!!

[Bookworm]

Well done!

[genesco]

Do you have the address you wrote to.

[joseph]

The address I used was:

 

MBNA Europe Bank Ltd.

Stansfield House

Chester Business Park

Chester

CH4 9QQ