Hi Everyone, me V ABBEY

[greekstalion]

Hi

 

I have started my fight against ABBEY back in November.

 

I have send the a letter on the 18/11/06 requesting the charges for the last 6 years.

They acknowledged my letter on the 28/11/06 informing that they:

 

Arrangements have been made for the information you have requested to be send to you. The transactional information remaining on our systems, normally covering the last fourteen months, will be sent out in a form of individual duplicate statements. You should received them within five to seven working days of the date of this letter.

.............................................

We have made arrangements to send you a list of archived transactions between 2000 and 2005, under separate cover.

 

Up to now 09/11/06 I only received the statements from 10/05 up to 06/06 that have closed the account. 8 months not 14 as they told me and no news of the rest.

Do you know how long more I have to wait? Do I need to write back to them or I just wait?

 

Also I was charged between £12 to £14 interest for been overdrawn for £1900 to £2000 overdraft at the last statements. The last moth they have charged me 01/05/06 £25.57, 09/05/06 £13.61 and 01/06/06 £9.72 total of £48.87. Can I claim this interest back? And I did not use their account, just was trying to pay the overdraft and close the account, but they was pilling all the charges and getting overdrawn all the time. They even refuse to take payment when my wife tried to pay some money in the account.

 

Advise welcome........

[cheddar]

Please start a thread in the abbey forum where i would guess that you would get all the answers to your question asked above too once you do some reading around. As for interest please have a look at the FAQs and self help material. Thanks.

[greekstalion]

Ok then thanks mate

[greekstalion]

Hi

 

I have started my fight against ABBEY back in November.

 

I have send the a letter on the 18/11/06 requesting the charges for the last 6 years.

They acknowledged my letter on the 28/11/06 informing that they:

 

Arrangements have been made for the information you have requested to be send to you. The transactional information remaining on our systems, normally covering the last fourteen months, will be sent out in a form of individual duplicate statements. You should received them within five to seven working days of the date of this letter.

......................... ....................

We have made arrangements to send you a list of archived transactions between 2000 and 2005, under separate cover.

 

Up to now 09/11/06 I only received the statements from 10/05 up to 06/06 that have closed the account. 8 months not 14 as they told me and no news of the rest.

Do you know how long more I have to wait? Do I need to write back to them or I just wait?

 

Also I was charged between £12 to £14 interest for been overdrawn for £1900 to £2000 overdraft at the last statements. The last moth they have charged me 01/05/06 £25.57, 09/05/06 £13.61 and 01/06/06 £9.72 total of £48.87. Can I claim this interest back? And I did not use their account, just was trying to pay the overdraft and close the account, but they was pilling all the charges and getting overdrawn all the time. They even refuse to take payment when my wife tried to pay some money in the account.

 

Advise welcome........

vbrep_register("422229")

[Mad Nick]

I'd hang fire for the moment - my SAR was 13 Nov. The statements turned up after 2 weeks and the microfiche 3-4 weeks. But wait no longer than their acknowledgement of the SAR + 40. Then all guns blazing !! Regards Mad Nick.

[greekstalion]

thanks

[greekstalion]

Quick question ppl.

 

If the bank account was joint account do you need to put the calim on both names or any of us (me and my wife) can put the claim?

 

I never seen something similar in the forums so I dont want to have delays because of that!!!!

[bish]

Hi and welcome to the site. If the account is joint then one person can act on behalf of the other, so one name is OK.

 

Regards bish.

[greekstalion]

Hi

 

I have written to abbey on the 18/11/06 and requested my statements for the last 6 years.

They replied on the 14/12/06 with a years statements. Later on I received the microfilm copies.

There was gap in the statements between 29/09/05 to 16/10/05.

My wife tried to call them to manage to get the missing statement. First time they told her they will sent it. Second time they asked her t opay £10 if she wants to get the missing statement.

So I written another (recorded delivery) letter on the 01/01/07 letting them know that I already have paid the £10 fee and the statement was missing from my original request and I left them 7 days to sent it.

They did aknowladge this letter or they have sent the missing statement.

 

From the original letter 18/11/06 up to now is well over 40 days.

 

What next?

[nat]

Claim for non comliance. Have a look at this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

[Boobaby]

Hi

 

I have written to abbey on the 18/11/06 and requested my statements for the last 6 years.

They replied on the 14/12/06 with a years statements. Later on I received the microfilm copies.

There was gap in the statements between 29/09/05 to 16/10/05.

My wife tried to call them to manage to get the missing statement. First time they told her they will sent it. Second time they asked her t opay £10 if she wants to get the missing statement.

So I written another (recorded delivery) letter on the 01/01/07 letting them know that I already have paid the £10 fee and the statement was missing from my original request and I left them 7 days to sent it.

They did aknowladge this letter or they have sent the missing statement.

 

From the original letter 18/11/06 up to now is well over 40 days.

 

What next?

 

Firstly do not ask for statements as they will make charges of somewhere between £5 and £10 per statement. The Data Protection Act/S.A.R - (Subject Access Request) always asks them to list charges, they always send statements as this is obviously the easiest method of showing the charges it also means they haven't got to do any work and it is then down to you to collate the charges etc. How much in charges do you reckon roughly will be on that statement?

If I were you I would now crack on with your claim as you have the statements all but one so now Go here:

Consumer Action Group > Libraries - bank charges materials and other issues > Bank Templates Library Letter - Preliminary approach for repayment.

This will give you the template for the next letter - download it and then tweak to suit etc. Along with this you will need to attach a schedule of charges which is a spread sheet that you will also need to download and complete. Do not include the 8% at this stage this will only need to be added at the court claim stage there are a few different versions here:

Consumer Action Group > Libraries - bank charges materials and other issues > Bank Templates Libraryhttp://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html6. Interest calculation spreadsheets

 

I would add in the letter though that as you are missing a month the actual claim is likely to change. Then send a copy of the non-compliance letter (also in the template library) and obviously amend to suit i.e. you are missing one months record of charges and then see what happens!

I think that's all at this stage. But another piece of advice is read, read and read it will certainly give you the confidence to carry on especially when you see so many successes. Good luck and go for it !!

[greekstalion]

Hi

 

Sorry for the delay, but 4 kids and job problem does not leave me a lot free time. At least the job getting better. Progress to my claim.

 

25th of January 2007 I have forward the 14 day claim letter:

 

Dear Sir or Madam,

Re. Account number: XXXXXX

I am writing to request that you repay all the default charges that have been applied to my account. I do not believe these charges reflect the true cost to ABBEY of going into unauthorized overdraft.

 

The charges total £2012.21 (this amount is subject to change as you have not provided us with charges for the period between- 30/10/05 and 16/10/05). I believe I have been unlawfully deprived of the money and therefore ask that you repay me the full amount. Please find a full schedule of the charges with this document.

I hereby give you 14 days to refund the charges back on to my account. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning. This action will inevitably involve you in additional costs.

 

I have received the responce below dated on the 01/02/2007 from:

Banking Specialist Team

PO BOX 5885

Milton Keynes

MK10 1FA

Tel: 0845 600 6014

Fax: 0845 600 1378

Thank you for contacting us and I am sorry you have been unhappy that you have felt you must complain.

One of my team will be responsible for investigating your complain and I have enclosed our Complains leaflet, which explains our procedure for doing this. High quality customer service is of great importance to us at Abbey and we will do everything we can to resolve your complain in a timely and satisfactory manner.

I know it is important to you that we resolve your complaint quickly, but we want to complete a thorough investigation and sometimes this can take time. If we have not contacted you before then, we will write to you in four weeks to let you know what is happenening.

If you have employed someone to handle your complaint on your behalf, please note:

employing a third party complain handling firm, or a solicitor, or a financila adviser does not affect how we review your complaint. Please be aware that:

Abbey does not charge you to investigate your complain

Abbey will not be liable for any costs incurred if you deside to employ a third party to handle your complaint during this review

Abbey, in general, will only make payment directly to the account holder(s) if your complaint is upheld and redress is due

Althought I do not know what the outcome will be, I do hope that we will be able to find a solution that you are happy with.

Yours sincerely

Andrew Nanson

Business Manager

Enc. Complaints Manager

So I will accept their acceptance of the 14 day letter from the 01/02/07 and continue wil the court on the 14th of Feb (my birthday).

What you think of their responce? Can I still go with the court or I have to wait for the 4 weeks. Also can I get help of third party or I have to continue by my self?

[greekstalion]

Can I use Money Online claim https://www.moneyclaim.gov.uk/csmco/guidelines_who_can.jsp

 

or I have to fill the N149 form and go to court?

[whirlybird]

Hi Greekstallion

I'm now at the same stage with Abbey after receiving an identical letter.My mum took on Abbey and within 2 wks of receiving this letter was offered part payment.Not sure what I will do.Going to court this aft for claim form.Thanks to everyone for support x

[RosaChaz]

Not been there yet myself, but many threads are similar. Stick to YOUR timescales - ie court application on 14th February:cool: . This is just a delaying tactic from Abbey.

Remember this is not something new to them that requires an investigation as a strange and unusual circumstance!

We are all cheering you on.

Rosa

[dancingjohn]

I'm at this exact same stage too and received the EXACT same letter as

your good self only last week. I sent the LBA last friday and so I will

be filing my Moneyclaim on Monday 19th February. If we all stick to

our guns and keep the eye on the ball (ie carefully checking our documentation and that we have our case in order) then we will ALL win!

 

GOOD LUCK AND STICK WITH IT. When I finally get my cash back I'm going to make a donation to this wonderful site.

[greekstalion]

Thanks people.

 

I would not allow them any more time. I started before Christmas so round the holidays and January they had a lot of time but still have 1 months charges not received yet.

Last time I contact them by phone and they wanted £10 pounds to sent me the missing statment. I told them I am not looking for the statement but for the charges in that period. They told me that it will take 10 weeks so I said that will not be acceptable and informed them that they have less than 14 days before I will start the court case.

They change their tune and over the phone, told me that I will have the missing charges within 10 days. Still not believe them.

Lets see.

[greekstalion]

Hi

 

I have found today that the post office have lost my recorded delivery that I have send on the 9th of January. So Abbey (and they are right) only accept aknowladge of the 1st of Feb 07 that was the second letter I have sent.

 

Do you need to sent 2 letters to them? One asking for your money and one for LBA? As you see my first letter was lost and the LBA has been received on the first.

 

Also I made a search on the courts site for COUNTY courts and in my area, Walthamstow, is only the Majestrates Court. Can I still use it for small claims court?

 

If anyone knows the answers because I have to send the LBA again or go for the court by the 15th of Feb 07.

 

Thanks

[greekstalion]

Hi

 

I have gone down to my local court and received all the information and forms (N1).

Then I found out the location in the forums, not clever of me.

I have completed the charges as below:

Charges: £2012.21 plus the charges for a period XXXX that the defendant refuse to provide to the claimant

Interest: £458.19 plus the interest for the add on charges when the defendant will provide to claimant

Court fee: £120.00

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.44 per day OR at such rate and for such periods as the court deems just.

 

Is that £0.44 per day correct for the £2012.21 claim? I am not bothered with the OD interest.

Also can I put postage charges for the letters I have already sent to ABBEY in this claim?

I will file the claim at the court on Monday the 12th.

Also in the £2012.21 are the charges from 28/02/2001. ABBEY have acknowledged my claim from the 01/02/2007 or I have to take it out the claim for February 2001 (the last 6 years only count) because I start the court claim from 12/03/2007?

On the "Particulars of Claim" at number 5 "Accordingly the Claimant claims" I have only put £2012.21 because after has "and any interest charged thereon" or there I put £2470.40 that includes the 8% up to the 12/03/2007?

If I get these answered it will be helpful. So if any one has already completed the N1 form can let me know before the 12th please.

[greekstalion]

Hi

 

I have gone down to my local court and received all the information and forms (N1).

Then I found out the location in the forums, not clever of me.

I have completed the charges as below:

Charges: £2012.21 plus the charges for a period XXXX that the defendant refuse to provide to the claimant

Interest: £458.19 plus the interest for the add on charges when the defendant will provide to claimant

Court fee: £120.00

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.44 per day OR at such rate and for such periods as the court deems just.

 

 

Is that £0.44 per day correct for the £2012.21 claim? I am not bothered with the OD interest.

Also can I put postage charges for the letters I have already sent to ABBEY in this claim?

I will file the claim at the court on Monday the 12th.

Also in the £2012.21 are the charges from 28/02/2001. ABBEY have acknowledged my claim from the 01/02/2007 or I have to take it out the claim for February 2001 (the last 6 years only count) because I start the court claim from 12/03/2007?

On the "Particulars of Claim" at number 5 "Accordingly the Claimant claims" I have only put £2012.21 because after has "and any interest charged thereon" or there I put £2470.40 that includes the 8% up to the 12/03/2007?

If I get these answered it will be helpful. So if any one has already completed the N1 form can let me know before the 12th please.

 

I have received an offer of £120 fro Abbey today.

 

Is anyone who could answer my previous questions?

[Michael Browne]

£2012.21 plus the charges for a period XXXX that the defendant refuse to provide to the claimant

 

Do I take it that this is an estimated claim and that you are missing some statements? Did you send Abbey a DPA request + £10 fee?

 

I will file the claim at the court on Monday the 12th.

 

I wouldn't until you get things sorted

[philread1]

Hello Greek

 

Yes, the 44p per day looks good with me!

 

Negotiate the postage and any further costs at the end, or when it goes to court (not!)

 

The 6 years counts from the day the shABBEY receive your Prelim letter.

 

No, just put in the amount you are claiming, £2012.21, plus your court costs. The interest goes ino at the end of your Partics of Claim and is calculated up to the date on your claim, and it further goes on to say, "and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.44"

Hope This Helps!

Phil:)

[philread1]

I wouldn't until you get things sorted

 

Sorry Michael, you got there before me!

 

I agree with Michael, Greek, make sure you have everything you need now to stop you getting any complications further on down the line!

 

Phil:)

[greekstalion]

I have first asked them for the charges on the 11/2006. They have sent them to me on 12/2006.

 

Since then I wait for the charges between 30/09/05 to 17/10/2005.

 

10 calls, 3 latters and 2.5 months did not get them. The last time they told me it will take 10-15 weeks to receive them. How long I have to wait? Anyway I dont know if there are any charges at that period.

[greekstalion]

Sorry guys I forgot to add all the procedure.

I sent the reaust for charges on the 11/06.

Receive them on the 12/06.

Sent first letter on the 25/01/07. They aknowladge on the 01/02/2007. And that because the post office has lost my first letter I have sent on the 12/01/07.

Sent second letter on the 28/02/07. Now is time for the court.

I had other posts but did not realise you just put a Quote message to bring them up. Sorry for the confusion