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Karish v Abbey


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Hi. Can anyone help me with this I am just reading through the guide to claiming your money back and the frequently asked questions. If I understand correctly It would be best to close my account before proceeding. I am a little bit worried about closing my account as a) I have a large overdraft and b) I am not sure if another bank will let me open an account when they see that I have an overdraft. Has anyone else been in this position? And can anyone recommend a bank to open an account with?:confused: Any advice would be greatly appreciated:-)

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I have read the FAQs and spent a few days reading threads and getting used to the process that you have to go through when you make a claim against your bank. I am confident that I am prepared to take this all of the way to the courts if I need to. I would like to purchase the small claims kit and the small claims practical guide but I am having problems buying through this site. I will be opening my pararchute account this week. Should I phone Abbey first? and Is there anything else that I need to do before I send my first letter? From what I have been reading Abbey are going to give me a hard time but I am prepared for the battle. Any other helpful advice would be greatly appreciated.:confused: :o

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Send the first letter, stick to your timescale and try not to speak to them on the phone, it will not really help.

Good luck and come back with any specific questions.

HSBC

7th October 2006 - Prelim for £3078

24th October - LBA

7th November - Claim filed

11th November - Acknowledged with intent to defend

11th December - Defence filed

16th December 2006 - Offered full amount but no default removal. Rejection letter sent.

 

Halifax

7th October 2006 - Prelim for £3427

24th October - LBA

3rd November - Offered £913

3rd November - Accepted as partial payment

7th November - Claim issued

21st November - Acknowledged with intent to defend

11th December - Offered full amount but no late payment removal

4th January - SETTLED + removed adverse credit info

 

A & L

19th October - Prelim for £540

26th October - Offered £358

2nd November - Accepted as partial payment and LBA

27th November - SETTLED + removed adverse credit info

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Go for it! Send of the SAR and spend that time reading as many threads on here as possible, you'll get a flavour of how each bank generally works, so when you get a certain response from the bank you'll be wise to it already and not be worried.

 

Two big things A) don't let the bank dictate the timescales, stick to yours rigidly and B) don't let them scare you into taking less that 100% of your claim, YOU WILL WIN!

 

Good luck

JKop Vs Barclays SETTLED

JKop Vs Cahoot SETTLED

Jkop V Capital One SETTLED

Jkop V Marbles SETTLED

Jkop V MBNA £422 MCOL

Jkop V Egg SETTLED

Jkop V Cahoot Credit Card SETTLED

Jkop V HSCB £1500 W.I.P!

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Hi All,

 

I just wanted to let you all know that I checked my account yesterday to find that Abbey had charged me £50 for going over my overdraft limit. I called them straight away and told the customer services assistant that I was calling about the charges that they had applied. He looked at my account and then told me that he was going to refund the charges in full. I did not even have to argue the point with him. This is the second time that I have called and they have refunded the charges without me having to actually ask them to do it. I intend to call every time I am charged until I complete my claim. I will be sending off my SAR on Monday.

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I was wondering has anyone been in the position of having an overdraft facility and Abbey has taken away the facility without giving notice? I am a little bit worried that this could happen and then I would be stuck financially for the month.:eek: :eek: :eek: Do I move my salary and my bills to my parachute account now? Looking forward to hearing from you guys.:)

 

p.s. Have I added to my thread correctly. I am not very PC literate. Karish

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Hi Karish.

I'm in the same boat as you. I also have an od facility and I'm expecting a letter any day now to say they are removing it. I filed with moneyclaim on Tuesday and the claim will be deemed as served on 13th Nov giving Abbey 14 days to respond.

Our charges will more than cover the overdraft but in the meantime I too don't know whether to start moving my direct debits, etc into our new account or just leave them and see what happens

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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Opened my parachute account today. I looked at the threads and decided to open a NAT West Step Up account. There was no problem opening the account. I will be moving my direct debits, salary etc over in the next week or so. At last I will re-gain control of my money:grin:

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Hi, I have confirmation that Abbey have recieved my SAR form. I know that they have 40 days to respond. As we all know they will use stalling tactics. Shall I contact them to confirm that they are going to provide me with the information. I thought a little nudge would not hurt. Or shall I wait a bit longer? Also is it best to call, e mail or write. I have picked up the contact telephone numbers for customer services complaints and Dawn Hoyle head of Customer satisfaction from this site.

 

P.S. Its good to see so may people having success.

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  • 2 weeks later...

Today I received 11 months statements plus a copy of the letter with Abbeys microfiche excuse. I have used the template letter telling them that I am aware that microfiche is relevent filing system and that they now have 22 days to comply with my request. I will be sending it recorded delivery tomorrow. I have calculated the last eleven months charges and it currently adds up to £685. I did not realise that it was so much. Is there anything else that I can do to prepare myself for the next stage whilst I am waiting for the rest of my statements?

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Just keep reading as many threads as you can, also look at settled threads as you have the whole story there. Good luck with your claim.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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  • 2 weeks later...

Hi Folks, I have not posted for a while as I have been waiting for my statements. I was expecting a battle and have been surprised as I am now in posssession of my bank statements for the past six years. They have been sent to me well within the forty day deadlibe which expires on 19th December. I have been trying to access the vampiress spreadsheet to start completing the calculations for my claim but I dont seem to be able to access any spreadsheets can anyone help me with this?

 

Thanks;)

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Hi Karish

 

This will link you to the spreadsheets, I have started to use the

 

bank accounts

england advanced

 

spreadsheet.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

Read the first page carefully as it helps to calculate the interest charges.

Data Protection Act letter sent 18/11/06

Request acceptance letter received 02/12/06

13 statements received 5/12/06

Microfishe statements received 20/12/06

Prelim letter sent 4/01/07

Fob off letter received from Abbey 17/01/07

Letter Before Action sent 18/01/07

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Hi everyone,

 

I am in the process of moving my business over to me Natwest account. I have an overdraft on my account. I am not quite sure what to do about the overdraft. I cannot afford to pay it off as it is over £1000 so the question is do I a. Try to make an agreement to pay it off before I lodge my claim for a refund. b. Leave it and claim that the account is in default when Abbey ask me to repay c. Take out a loan to cover the payment knowing that the refund will cover the overdraft payment in full and then reapy the loan when I get the refund. I understand that I can claim that the account is in default but some threads are indicating that Abbey are being extremly heavy handed in these cases and I really do not want a default logged on my credit file even though I know I can ask the judge to have it removed as part of my settlement. Your thoughts would be greatly appreciated :o :o Karish

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Karish, if it's any consolation I'm in the same situation. In my case, my claim exceeds the overdraft in my now dormant Abbey account. For what it's worth, I'm just going to see what they do. If they get eggy, I'll just write back saying the account is in dispute and if they threaten logging a default with the credit agencies, I'll threaten a complaint to the Ombudsman - I've read elsewhere that this does the trick. Regards, Mad Nick.

Abbey £8370 settled 17 Apr 07

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  • 4 weeks later...

Hi everyone,

 

Now I have got the festivities over with I am back on track to process my claim. I am just compiling my charges spreadsheet. Can anyone tell me whether I can include interest debits on this spreadsheet?

 

Many thanks

 

 

Karish:confused:

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Hi Can anyone help me with this. I have completed my charges spreadsheet. On the letter that I need to send the following sentence is included..

 

 

 

What I require

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 enclose a schedule of the charges which I am claiming with this letter

 

How do I calculate the figure for the overdraft interest? I have used the simple spreadsheet. Do I have to include overdraft interest?

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  • 2 months later...

Hi, everyone. Progress with my case is going well. I recieved my allocation questionnaire yesterday and will be filling it in over the weekend. I also received my offer for the settlement of half the value of my claim. Abbey are also putting pressure on me to repay my overdraft I have received a telephone call and a letter but I will be sending them a letter reminding them that my account is in defaualt and offer to pay a sum each month. I will also be sending them a letter rejecting their offer. I have been able to do these things with confidence because of the invaluable help from this site. Do I send the rejection letter headed without prejudice. As their offer letter is headed without prejudice.

 

Thanks

 

Karish

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