SW - Abbey the Swines!

[lilmanfa]

Hi,

 

I could do with some guidance here!

 

I have been to-ing and fro-ing with Abbey since May. I sent my LBA letter in August requesting £884 (even though Abbey hadn't sent all my statements - they were using the microfiche argument) I then received a letter stating that as a GOGW they had credited £250 to my account. I have now received print outs with a complete list of charges back to 2002 and want to start the moneyclaim. As the amount has now increased from the original LBA (it's now £1576) can I go straight ahead with the claim? or should I re-send the LBA and wait a further 14days?

 

 

I have other issues - they have given me a months notice on my £700 overdraft.

Also the account that incurred the charges has been frozen by their fraud dept, they set up a new account for me but the GOGW payment has been credited to the original account which I no longer have any access to!

 

Any guidance would be much appreciated.

 

Thanks guys!

[dave]

Ok, well write the £250 off - you would have to pay the OD with it in any case.

 

Send them a S.10 letter (in the templates library) - and tell them that you believe that the OD was the product of their charges, which you believe to be unlawful. They have 21 days to reply or they are committing an offence. They are likely to ignore this letter - wether through incompetence or by design I do not know.

 

When they do ignore it, this will put you in a much better position later if and when it goes to court as there is no way they can plead not guilty. This bodes well for you if you want to settle out of court. Send the S.10 by recorded delivery and keep a copy for yourself.

 

Then insist that they close the account in a seperate letter in the same envelope - it looks likely that they are going to do this in any case - and insist that they write off the overdraft. Make sure you open another account elsewhere before you do this and have wages paid into it (as per the guidance and FAQ sections on this site - which you of course have already read and understood fully ;-) )

 

Then insist that they send you a cheque for the remainder (over the top of your overdraft) or you will give then notice of your intention to sue.

 

If they refuse; sue.

[lilmanfa]

Hi,

 

Thanks for getting back so soon.

 

Sorry I got myself confused with the o/d issue. When Abbey placed a general stop on my original a/c, they cleared the balance to nil. They have withdrawn the overdraft on this a/c and paid the GOGW into it so the balance is currently in credit. My active a/c is running as normal with o/d in place until 1st Jan 2007.

Now should I go ahead with the MCOL and ask for payment by cheque or resend the LBA with the full amount (now that I have all my statements).

 

SW

[traceyrmj]

you could just go ahead and sue but id send the LBA again just to be on the safe side, that way they cant fuss abotu no notice when you take them to the cleaners.

[lilmanfa]

Thanks I'm sending the LBA in the morning, £1576 since July 2002. I'll let you know the outcome.

 

sw