Lula v abbey (2) ** WON **

[Lula]

oh yes Im back!!! they were still charging me in August and September so I want that back to0! A copy of letter to go tomorrow LOL how long do you think it will take them to cave?

 

Due to recent media coverage on bank charges I am now aware that you, Abbey, formerly Abbey National have been charging me bank charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Subsection 1(e) of the said regulations gives a non complete list of terms which may be regarded as unfair, such as a term which require me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.

I believe that your charges are disproportionately high. Therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was a Scottish case, Castaneda and Others V. Clydebank Engineering and Shipbuilding Co (1904) 12 SLT 498. Along with the English case of Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual or real loss.

Your charges appear to be nothing more than a lucrative profit-making scheme. Therefore I require you to refund my entire bank charges for the period 22 August to 23 September a total of 131.78 I give you 14 days to refund the charges back into my account. I have just won an action to have earlier charges refunded and will not hesitate to do so again.

Yours Sincerely

[Jacqueline07]

I can hear the LGIL groaning already!!!

[Odd Fellow]

I'd go further to state that you consider that a prescidence has been set on your account having already successfully recovered penality charges on your account and that any further penalty charges will be met with immediate court action. (The court would probably consider this to be reasonable under the curcumstances).

 

Don't forget, although small, that if you've had such charges, there is also liklely to be interest on them, only pennies, but if Abbey is going to be so fick as to continue to levy unfiar charges after it's already repaid you lord-knows how much, I'd be demanding that back too.

 

You might also suggest that it makes a further good will payment to cover your extra time and trouble in having to deal with this additional problem.

[Lula]

Odds, that is with the interest charged on the overdraft that was entirely made up of unlawful charges LOL. Prolly a good job that the parachute account is up and running

[Odd Fellow]

Odds, that is with the interest charged on the overdraft that was entirely made up of unlawful charges LOL. Prolly a good job that the parachute account is up and running

 

You're probably right about the parachute acc - mind you, it's probably your primary acc now, I'd have thought.

 

I am not at all aware of Abbey having actually closed anyone's account as a result of action, are you?

 

I think the only bank to issue such retaillation is A&L. Is this correct?

[Lula]

You are right Odds, I know that a few banks have threatened but evenHSBC have yet to close Crushers account and he is going for number 3

[Guest Niklowe]

Lula, FWIW

 

I've just got my daughters charges back and there were no threats to close her account at all. Also they paid up after the prelim, before they got the LBA even. I just wonder if they are so snowed under, they are paying up on claims under £1000

[Lula]

Lula, FWIW

 

I've just got my daughters charges back and there were no threats to close her account at all. Also they paid up after the prelim, before they got the LBA even. I just wonder if they are so snowed under, they are paying up on claims under £1000

 

thanks Nik and whaddya doing with my bogroll!!!!!!

[Lula]

Well today received the standard fob off, they have got to be kidding, I will be ringing complaints on Monday to see if they will just refund , if not, the LBA is going in

 

come on Jesus, Im ready for ya LOL!!!

[ellemmjay]

Hey Lula,

 

Forget six foot two and eyes of blue - praps Jesus is 6'3" dark flashing eyes and of an age where experience counts for something ........

 

LOL

[Lula]

Well i have recived no less than 3 bogoff Letters and one letter telling me that they are rescinding my OD as from 1st December!!!, LBA going when I get back from Henlow as there will be more charges going on in the next week or so and I want to do them all together.

 

 

then onto Lula V Abbey (3)

[Lula]

Well LBA for £150.78 going recorded today or tomorrow, tried the Customer satisfaction number (PAH!!!) and they weren't happy to help so, here goes teh other one LOL

[srfrench]

Whooooops! It slipped out o ma hand Guv and into the Courts "In" tray. I dunno wot came over me funny like!

 

Somewhere in the dark and nasty banking regions where fewer people go, stands an ancient Bank. Deep within this dank and univiting pastel coloured place, live Prats, underworked servants of the Fat Cats upstairs. But that's nothing compared to the horrors that lurk beneath the Consumer Action Website, for there's always something down there.......... waiting to come out!!!!!

[Lula]

Somewhere in the dark and nasty banking regions where fewer people go, stands an ancient Bank. Deep within this dank and univiting pastel coloured place, live Prats, underworked servants of the Fat Cats upstairs. But that's nothing compared to the horrors that lurk beneath the Consumer Action Website, for there's always something down there.......... waiting to come out!!!!!

 

ROFPMSL thats good SRF, since getting the DVD, Trapdoor is my sons new favourite LOL:D

[srfrench]

After getting myself (was initially for a friend but he bought it without me knowing ) I thought to hell with it and started to watch it.......... WELL!!

 

Laugh................ I CRIED AND WET MYSELF THAT MUCH I AM NOW IN THE MARKET TO FIND ADULT NAPPIES SO I CAN SEE THE OTHER 2.5 HOURS OF IT!!!!!

 

I didn't take it all in when I was young, but now!, it's the things happening behind Burk and Co that make me roar! IT's FAB........ a a recommended buy for all out there young or old!

[Lula]

oh globbitts!!!!!!

[srfrench]

Ah..... BONI........ I knew him well!

 

Drutt......... wrong play LOL

[Lula]

my son got up this morning and yelled, with an impish look on his face, BURKE

[srfrench]

LOL......

 

If he does it tomorrow...... remind him whos the THING upstairs!!!!

[Lula]

Right a quick update, I have just filed Lula v Abbey (2) and from what I am reading it is quite literally Abbey that is signing the letters LOL

 

Claim ref 6QZ82986 for £150.61 plus £1.90 interest and £30 costs

[Lula]

Well I cant beleive it, still no other statements and today shAbbey have charged me another £38 in interest and OD fees. I rang them but they raised a complaint!!!!!

 

Also, looked back on the correspondence that I received from the complaints dept, there is an additional letter to a Miss A Martin of Woodford Green, regarding a complaint, so if she is on here can she pm me and I will forward it on and perhaps she would like to raise a complaint with the IC.

 

Honestly, they are just trying to get as much dosh as possible arnt they.

 

And they havnt even acknowleged my claim yet, they have until 2nd December to do so

[Lula]

Just checked MCOL and they have entered a defence, if I am lucky they will have entered a meatier defence rather than the pathetic one that they usually enter

[Lula]

I know, but it would be nice to have a challenge, going to stock up on paper and printer carts to make a start on my bundle over christmas . and at least if I don't need it for this one, I can use it for the next one

 

So what happened to you last Friday I was looking forward to meeting you

[Lula]

Good morning everyone, a quick update, have today received a copy of shAbbeys defence from the rather lovely sounding James Arrandale, its the usual nonsense about the charges being liquidated damages and a genuine pre-estimate of loss, and also an offer of 50%!!

 

but the very interesting statement is the assertation that I should

note that the amounts charged prior to 13th November 2006 are barred from recover (shouldn't this be recovery) by operation of statute.

 

Since when? unfortunately, he hasn't mentioned this in the defence that he has filed with the court, otherwise I think that I could claim that his defence was "embarrassing".

 

anyone got any ideas about what I could reply back?

[srfrench]

Yes..... go tell the wet behind the ears college graduate to swivel!!

 

No seriously.

 

Just reply noting their offer of 50% but respectfully decline it. Keep it brief Hun, that way you will come over as sure and unintimidted. Plus the fact you won't get bogged down in any correspondence. KEEP THEM GUESSING............ it really puts the shi$s up them believe me.