kermit1986 vs Abbey (new to claiming)

[kermit1986]

I got linked to this site by a friend earlier today after mentioning I was going to claim some bank charges Abbey hit me with earlier this year. Anyway, I've read the FAQ and had a look around but I don't know what the usual procedure is to start a claim . Abbey owe me £300 in charges (not including interest as that comes to about £5 so it's not really a high priority to me).

 

I paid them back for all the charges though, but when I heard more about bank charges being illegal and that I have a right to claim them back I started to look into it, and a guy on another forum sent me this letter template to claim my charges back with.

 

I was planning on filling out my details on that template, as well as sending some print outs of my bank statements from the months that the charges we're in (there all from Jan-May this year) and highlingting the charges out to them.

 

...after reading around on here though I'm getting mixed messages as to what to do first .

 

Also, just to clarify I'll list the reasons they put for my charges just to make sure that I can actually claim them.

Anyway, here they are;

• Charge for Overdraft that has not been authorised x 5
  
• Clearing Visa Payment whilst Overdrawn x 4
  
• Charge for unpaid Direct Debit x 2

Basically, is the way I'm going about claiming these charges back sufficient?

and also, am I able to claim back all those charges listed?

 

Many thanks in advance.

[DBG]

Kermit 1986,

Welcome to our forum, you're certainly in the right place for getting useful advice, everyone here is v. helpful. I joined a short while ago and I've found it really supportive.

You certainly can claim back the charges you listed - I am. You can claim back charges up to 6 years. I suggest you take a look at the FAQ's it sets out the procedure very clearly and you will also find templates for your letters to the bank in the library - good luck.

[kermit1986]

Ah I see, I checked the FAQ section before I signed up, so the topics weren't showing.

I shall have a read now.

Thanks for the help.

[kermit1986]

I sent my LBA letter off to Abbey as well as 1 to Natwest for a recent overdraft charge they hit me with. Just opened up a new account with Halifax as well as a parachute account incase one of those 2 decides to boot me.

 

What are the chances of them settling the fee's after receiving an LBA letter?

 

Or is it pretty much always the next letter that lets them know you mean business and know what your doing that convinces them to just pay back what they've taken from you?

[kermit1986]

I received both my statements for the last month from my bank today. I'm not sure if this is around about the time I'd usually receive them, and I don't think I normally get them on the same day...but they have come but there is no response to the LBA I sent them last week, although there is a 'tips on managing your account' letter that has come with the Abbey statement, that has a list of all the different types of charges they enforce.

 

 

They (both Abbey & Natwest) still have until the 22nd to respond though.

[kermit1986]

Ok, Friday I think it was...

...I received letters from both my banks.

 

Natwest's consisted of something along the lines of how they're sorry I'm unhappy, and how they don't accept the statement that the office of fair trading brought up, however they where willing to refund the £76 they'd taken as a gesture of good will, which was a nice result!

 

Abbey though...they've basically said they're sorry I'm unhappy, but they won't offer a refund because the charges are in accordance with there charging structure, they sent a formal complaints form with the letter too.

 

My next step now is to send Abbey my LBA right?

This one - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-letter-before-action-consumer.html

 

...but I'd need to obviously edit out the bits that don't apply to me (for instance the line that mentions them not responding to my initial letter...as they did).

[kermit1986]

Right...just now I've got around to sorting out my LBA letter, it was about a month ago I recieved my response from Abbey, and I really did mean to respond with my LBA sooner, but things have been busy recently and I just kept putting it off.

 

I've just finished editing the LBA template to my own personal info and I'm fine to still send my LBA though right?

 

If so I shall send it off as soon as I get a reply tommorow (Monday October 16th).

[kermit1986]

*Sent!

 

Hopefully there response will be what I want to hear. Are Abbey likely to pay up with this letter, I've had a flick through the site and it seems the success rate of claiming back bank charges is phenomenal, but I don't know if Abbey have a different reputation or anything. It's Approx £339 I'm claiming off them so it's not like I'm that big of a dent to there finances.

[kermit1986]

Ok...

Today I got a letter through from Abbey saying they're sorry I'm unhappy and are looking into my charges. They still have until the 30th/31st as far as me giving them time to respond goes.

 

...anyone I checked my bank account today and they've put in £290 today (in various £20-35 increments) all as miscellaneous fee refund's. I'm just under £50 short of what I should've got, but maybe they're still yet to add them.

 

Anyway, I looked in my NatWest account today also and saw that I had been charged for an unpaid direct debit. I have been charged for one by Natwest over a month ago (like mentioned previously in this topic) and they wrote back saying they'd refund me this time as a gesture of goodwill, but in future they wouldn't. I should still claim that back though right?...I mean, what they said was lies...I have every right to claim and will win won't I?

[kermit1986]

I got a letter from Abbey yesterday telling me basically that there charges are legit, and will remain, but as a gesture of goodwill they paid me £290...which is close to my full ammount and I would've happily accepted that and called it quits to be honest...but last night I tried to get my bad credit note lifted off my account and I basically got treated like crap over the phone (abbeys phone banking services are pretty much full of s***).

 

Now I'm thinking I may as well go the next step so that I can make sure that my bad credit indication gets lifted.

[kermit1986]

Ok...

Today I got a letter through from Abbey saying they're sorry I'm unhappy and are looking into my charges. They still have until the 30th/31st as far as me giving them time to respond goes.

 

...anyone I checked my bank account today and they've put in £290 today (in various £20-35 increments) all as miscellaneous fee refund's. I'm just under £50 short of what I should've got, but maybe they're still yet to add them.

 

Anyway, I looked in my NatWest account today also and saw that I had been charged for an unpaid direct debit. I have been charged for one by Natwest over a month ago (like mentioned previously in this topic) and they wrote back saying they'd refund me this time as a gesture of goodwill, but in future they wouldn't. I should still claim that back though right?...I mean, what they said was lies...I have every right to claim and will win won't I?

 

3 new posts over the past week or so and no replies

 

Anyway...I got a letter of Natwest today basically saying they have responded to the Office of Fair Tradings statement of April 5th 2006 etc...but they are still within there rights to make charges because charges are only valid on credit cards, and not debit cards...

 

They said they'd pay me the £38 as a gesture of goodwill providing I sign the sheet (which also says that by signing they'll cancel any D/D's on my account).

I don't want to sign this now...because I use my natwest account to pay my phonebill via D/D.

 

What should I do?...LBA it?

 

Also regarding my Abbey claim, should I go the next step (after the LBA) do you think?

I could really do with the bad credit note lifted off my account and I could do with doing the easy way (which is to make them have to do it), or the long way (which is start paying my wages into that account for 3 months).

[tamadus]

3 new posts over the past week or so and no replies

 

Anyway...I got a letter of NatWest today basically saying they have responded to the Office of Fair Tradings statement of April 5th 2006 etc...but they are still within there rights to make charges because charges are only valid on credit cards, and not debit cards...

 

They said they'd pay me the £38 as a gesture of goodwill providing I sign the sheet (which also says that by signing they'll cancel any D/D's on my account).

I don't want to sign this now...because I use my NatWest account to pay my phonebill via D/D.

 

What should I do?...LBA it?

 

Also regarding my Abbey claim, should I go the next step (after the LBA) do you think?

I could really do with the bad credit note lifted off my account and I could do with doing the easy way (which is to make them have to do it), or the long way (which is start paying my wages into that account for 3 months).

 

Kermit, take this evening and go over your statements carefully so you have a revised total for both accounts which allows for the refunds already made. Then dont mess about any longer and once your LBA expires issue a claim against them. Owing to the amounts involved they will probably back down very quickly, but dont be surprused if Abbey try and hang out longer.

[kermit1986]

Thanks for the reply

I won't be able to look into tonight I don't think, but definitely tommorow or Saturday afternoon.

 

Just to clarify though, are you saying I should go over my statements and issue a claim for the excess ammount that I am still unpaid for after the goodwill payment?

 

I.e. the £339 - 290 = They owe me £49, then issue the claim?

 

Also, the Natwest letter...what would you (or anyone) advise me to do about that...they have me in a catch22 situation, I either take the money and have no D/D ability, or don't take the money and have D/D abilities. There being arrogant about it to say the least.

[tamadus]

with regard to Natwest I would definitely LBA it. If nothing else (and of course if anybody actually reads the letter) they will know your serious.

 

Yes I would issue on Abbey for the £49 outstanding, send them a letter saying thanks for the interim offer but you are reserving your right to claim the balance, allow them another 7 days then file a claim.

 

Never forget this is YOUR money not theirs.