scabbey adding more charges when claiming

[STEVEGOLDSMITH]

hello,please help

i have received a reply from the abbey regarding my request to refund the charges, it has now been 10 days since they wrote back (i gave them 7 days to refund my money) so im at the point of using money claim online. here is my problem, abbey are going to hit me with more charges at the end of each month so how will i get that money back? as i am unsure of how much that will be (until its charged).

 

thanks,

steve

[jonni2bad]

Simply issue the claim for the amount that you know is currently owed, which can include any charges you know about since your LBA.

 

Once this case is concluded, if there are further charges being added you can claim those seperately, at a later date.

 

Hope that helps.....

[bram stoker]

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=2121

 

Spiceskull here threatened court action before the charges were applied after receiving notification that they would be, and they refunded them the moment they were applied.

 

You could try that tactic. He's put his letters in his link which you could use.

[STEVEGOLDSMITH]

great thanks for the help, i will keep you posted

 

thanks

[STEVEGOLDSMITH]

hello, hope im posting this the right way, i keep posting new threads SORRY!!!!!!!!!

 

just to recap on whats going on

1. asked abbey to refund the £690 they had removed from my bank over 5 months with the standard bank action group template giving them 14 days to comply

2. they replied with the standard letter saying no and if i go to court they can close my account

3. i filed for court action with moneyclaim and sent them a letter saying that it would be unfair if they closed my account for complaining

4. i received a letter today asking me to return my bank card and cheque book

 

thats just a quick recap, all time frames are within guidelines

 

the question is now, should i send the card and cheque book back as i no longer use the account or should i hold out for court action which i think is early may time

 

please help

 

thanks

steve

[jonni2bad]

I wouldn't bother sending it back, as I would begrudge paying postage, but I would certainly write a letter of complaint asap and send to the OFT.

 

See THIS THREAD

[STEVEGOLDSMITH]

thanks for the info,

in the letter the reason for closing the account is being overdrawn without an authorised overdraft limit

1. they gave me 30 days notice that they were taking away mo overdraft

2. the whole reason i was in my overdraft is because of the charges they put on my account

[jonni2bad]

Then, as I see it, you still have good reason to make the complaint.

 

I would also keep a close eye on your credit files in case the bank make reference to this- which in turn would be unlawful and generate a seperate claim for damages.

 

Far more info being added on this note lately, should you get to that bridge!

[STEVEGOLDSMITH]

once again thanks

 

steve

[STEVEGOLDSMITH]

it says at the bottom of the letter that they are going to write to the credit reference agency about how my account is being run!!!! HA HA HA HA HA

 

I lost my buisness last year and have only just managed to keep my house by getting a large loan and paying all the money that was owed to my creditors, i just hope the credit referance agency have enough paper from last time!!!!!

 

funny thing was, the good old scabbey was going to give me a loan at well over 17% apr to sort me out and get me back on my feet. luck was on my side, i found tesco would give me a loan at 6%

 

im not trying to say that abbey are blood sucking scabs or anything!!

[STEVEGOLDSMITH]

hello,

abbey has written to me asking to return my cheque book and card. so far i have done nothing except write a letter informing them that i refuse to accept the new T&C booklet they sent, today i received a letter telling me that if i do not return the above they will debit my account £45 + vat and a feild agent will be sent to recover the card and book. also they are ignoring my court claim (served 25/04/06) and requesting that full payment of the outstanding money is made

 

anyone had the same? and what would be the best thing to do?

[jonni2bad]

If you don't need the account, then return them.

 

Also, write to them to tell them that the sum outstanding is "in dispute" and you are in the process of taking legal action to recover funds - "I would refer you to your legal department for clarification" - that sort of thing.

 

If they do ANYTHING else regarding this money, let us know...

[STEVEGOLDSMITH]

hello just got a letter today saying that a Mr Squires is dealing with my claim, he says: Although i have checked abbeys computer systems, i have been unable to trace any account held by you at the address given on the claim form.

 

i have recently moved and went into abbey to change my details, they have been "misplaced" somwhere along the lines but i cant help thinking that this is just to stall my claim. also he has asked for me to reply personally to him via e-mail with a as he says "the email address given in the header of the page"........there is no email address listed at the to of the page!!!!!

 

im going into the bank again this weekend to give in my cards and cheque book, im just hoping that the address problem will not give me any problems with my claim

 

when i filled in moneyclaim online im sure i had to fill in my account details so i find it odd that they should bring it up

 

anyone with any thoughts on this?

[STEVEGOLDSMITH]

hello people, just giving an update

 

i have received a letter from the county court, it says that abbey are going to defend the claim.abbey now have 28 days to file a defence. so the big countdown has started, even if i dont ever get my money back, i am really looking forward to giving the shabbey some aggro and have to pay a solicitor to sort it out

 

looking forward to the big day

 

steve

[Bookworm]

Good stuff. Nothing much else you can do in the meantime, except maybe read some more of the forum material, and Abbey claims in particular to familiarise yourself with what to expect...

[STEVEGOLDSMITH]

hi

im a bit worried, the shabbey are still sending letters to my previous address and ignoring my updated contact details. is this going to be the defence???? "he was not known at this address"!!!!

 

i have email proof that they have received my contact details, maybe i should go into the branch again and give them my new details just to be sure.

 

anyone else had this problem?

 

11 days for shabbey to file a defence

[STEVEGOLDSMITH]

a letter has just arrived from abbeys law people, they are offering 50% of the money that i am claiming. question is what to do next, they say if i accept, this will end the matter. i am happy to go to court and i feel that i only want what is due to me and accepting 50% will leave me feeling ripped off. abbey once charged me over £50 for going £2 overdrawn so i think that even getting £25 back is simply not enough

 

so should i accept the 50% and still claim for the rest or just say no and go to court

 

please help!

[Yorkyclaims]

I got exactly the same letter. Send an email refusing this offer, you intend to take this to court, request all further correspondence is sent to your new address, and put your sort code / account number in the email

 

You will get a cheque about a week later.

 

By the way - if it does go to court dont worry about the address. Just take a statement - this will show the proof that you have had an Abbey acount - but it wont go that far!!!!!

[STEVEGOLDSMITH]

thanks for the info

 

the address "mix up" has been sorted out now, as if by magic!!!!!! they remembered that i changed my contact details when i reminded them that i have written proof of them accepting the change

 

i will write a letter tonight telling them that i want the full amount and i am happy to go to court to get what is owed to me

 

is there any sample letters that anyone eles has sent that i can doctor???

[jonni2bad]

Your address

 

24 May 2006

BANK NAME

Address

 

Ref: XXXX

 

Dear Sirs

 

Thank you for your reply dated XXth May.

 

I respectfully decline your offer of settlement and request, once again, that you return to me ALL charges made on this account in the last 6 years, totalling £XXX.00, by way of personal cheque. If you choose not to do so, or if I do not receive notification in time, I will start proceedings for recovery in the County Courts on XX May.

 

I also note from your letter XXXXX (remove if not required)

 

With the time limit nearing, I am more than happy for you to telephone me should you be willing to settle in full, but please do not use this facility if you are simply going to make a partial offer. My home phone number is XXXXXXX.

 

Yours faithfully

 

 

 

Mr ANGRYMAN

[STEVEGOLDSMITH]

hello

im just filling in the small claims court allocation questionnaire, in the witness box should i just put 0 as i dont have any to call?

and is there any experts evidence that i can call upon?

 

should i be making a defence statement?

 

 

i have seen the shabbeys defence, its a badly photocopied version of what everyone else seems to have

 

thanks for your help

steve

[jonni2bad]

Was your allocation questionnaire a from N149 or N150 ?

[STEVEGOLDSMITH]

i can only find refrence to a N152 sprry where would the number be?

[jonni2bad]

I will search for the answer !!

[STEVEGOLDSMITH]

ah ha found it, it a claim form n149