Nearly Pensioner V Abbey

[shazbaz]

I've banked with abbey for over 20 years,Never been overdrawn,until last month when I went overdrawn by very small amounts 3 times for just £3.24 This was not one transaction, I did not have an authorised overdraft (never needed one)

I am on income support and when payment went in the bank

and I went to go shopping,I found I couldnt I had no money in my account.They had Taken £170 in charges for unaurorised overdraft

I now have no money for 2 weeks.and as i pay my electric & gas thru a card meter,this really caused me great hardship.

When I checked statement,the first charge was £30 for £3.24 overdrawn.

Then when a direct debit was due GUESS WHAT not enough funds another £30 charged and so on.My son contacted them by phone,firstly they said they could only Refund £50 as gwg.He then spoke to a manager who Refunded a total of £110, But said I have a further £110 charges to be

added next month.

I have found your site very helpful,and has given me the courage to pursue a claim!! even though i'm a nearly pensioner,I certainly would not have had the bottle to do this on my own.

 

SO I CAN'T THANK YOU ENOUGH

 

THANX THANX THANX

[shazbaz]

Hi I have received a partial refund over the phone,but was informed that

was it,as far as i can recall i'ts the first time i have gone overdrawn. Is it worth sending off for my statements? (just in case ) please advise,

If not then what letter do i send, for the outstanding charges to be refunded.

 

I HOPE YOU CAN UNDERSTAND!! AS I AM A LEARNER. L

THANX

[karencupit]

Hi I have received a partial refund over the phone,but was informed that

was it,as far as i can recall i'ts the first time i have gone overdrawn. Is it worth sending off for my statements? (just in case ) please advise,

If not then what letter do i send, for the outstanding charges to be refunded.

 

I HOPE YOU CAN UNDERSTAND!! AS I AM A LEARNER. L

THANX

 

Hi Shazbaz,

If there is a possibility that you have incurred charges before then I'd send the data protection request letter. All letters are in library templates.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

Also check out the step-by-step instructions. There of great help!

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/243-step-step-instructions.html

 

Karen x

[shazbaz]

HI will do! I Have Downloaded the letter templates.

thanks for your help x

[shazbaz]

hi i have posted 1st letter today.recorded delivery

thanks

[shazbaz]

HI sent off my DPA letter and cheque for £10.

just waiting for a reply now.

[shazbaz]

Thanx

[Lula]

I think that there is a letter somewhere on here that you can send then basically saying that you live on benefits and assigning your benefits so that they cannot touch them, perhaps a search on benefits might throw this up, or it anyone can shed some light on this

[shazbaz]

HI I've searched but can't find any letters.regarding this

[Lula]

can anyone else help, I know that I have read it somewhere on an Abbey thread, just can remember what it said

[lknox]

This could be it?

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-letter-appropriation-when-bank.html

[shazbaz]

thankx

[Lula]

Yep, thats the one, thanks Lknox

[shazbaz]

hi Today I received reply from abbey,saying the information requested is no longer on their system,and asking for £5 for 1 monthly statement and

£10 for multiple monthly statements which have been archived.

I dont understand this as i have already sent £10.

 

any help please? thanx

[shazbaz]

Hi just a quick update, I have just received my statements and am now in the process of asking for my charges back.As I thought this is the first time I have had charges taken from my account,and it is not a great deal compared to others, I think it totals about £170. But as i am only on benefits it is a great deal to me,so do i just send the second letter asking for a refund of my charges,Any advice please.

 

thanks:) in advance.

[Lula]

Hi shazbaz, its not the amount, its the fact that it is your money that they have unlawfully taken.

 

Send the first letter, found in the library letter, have you done the spreadsheet with does the adding up for you with the 8% interest? send that with your letter, without the 8% interest

 

 

Hope this helps

[shazbaz]

hi thanks for your reply !!!!!

The charges I am claiming were only from a couple of months ago.

So would I be asking just for a refund of these charges,without interest

as it has not been very long .

 

THANKS:)

[shazbaz]

UPDATE!!!!!!

I Have sent off my request for a refund today,Fingers crossed

 

thank you

[shazbaz]

HI update !!!!!!

I Received Letter today,offering £100 the full charges are £190 as a gwg,stating the charges do not contravene the unfair terms in consumer contracts regulations 1999 and also comply with the office of fair trading.

any information registered with the credit reference agencies is a true and factual reflection of the situation on your account,we are required by the information commisioner to register and share information on how customers run their accounts,Because of this we are unable to remove or alter the information that is held.However when the outstanding balance is paid in full although the default will remain it will be marked as satisfied.

xxxxxxxxxxxx

 

HAPPY NEW YEAR ALL

[shazbaz]

hi bit mixed up now,

ive sent off for refunds to both abbey and nat west. on 30/11/06

got letters today with gwg.for half the amounts do i accept as part payments or refuse and pursue the full amounts.

what letter do i send now? do i allow more time or is it up now?

please advise many thanks to you all

shazzy

[cross1217]

Lucky you Shazzy!. Accept part payments but only as a part refund and you will pursue the Bank for the rest. There is a template letter in the library. Good luck!. File LBA if not already done so and then court action.

[shazbaz]

Hi Do I Send The Refusal Letter First,accepting The Gwg But only As Part Payment. Then Wait, Before I Send The Lba Letter.

Let Me Clarify.... 1) I Sent Data Access Letter, 2)then The Pelimanary Letter For Fefund. 3) Now Had Offer For Half The Amount. WHICH LETTER DO I SEND FIRST?

 

Thanks Shazzy;)

[shazbaz]

Hi do you think this letter will be okay?

thanks

shazzy

 

 

LETTER BEFORE ACTION

 

 

ACCOUNT NUMBER: xxxxxxxxx

 

Dear Sir/Madam,

 

I am very disappointed with your response to my letter of [xxdatexx] I respectfully decline your offer and request, once again, that you return to me all charges imposed on this account, totaling £xxxx

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the [XXDATE OF FIRST LETTERXX]

 

Additionally if you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above I require that you remove the said default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of any default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

 

 

 

Yours faithfully,

 

 

 

Any help or suggestions, appreciated !!!!!!!!!

[Rooster-UK]

Have they defaulted your account? If not then delete the red text.

Do you fully intend to submit a complaint to the OFT. If not then delete the blue text.

 

Otherwise it's fine.

 

Stick to your own timetable, not theirs.

 

Regards, Rooster.

[shazbaz]

hi sorry to sound dim but I dont know, how do i find this out?

do you think i should remove the blue writing?