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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Initial letter posted

cHEM14346777

By cHEM14346777
in Santander

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Bookworm

Bookworm

Posted
Posted
Just to let everyone know, I posted my first letter off to Abbey today requesting all my charges back, or, failing that, a list of all charges incurred over the past 6 years.

 

Wish me luck. :)

 

You don't need luck, you need JUSTICE :wink:

 

Hope it goes smoothly for you, let us know how you get on.

 

xxx

ML :)

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Bookworm

Bookworm

Posted
Posted
Just to let everyone know, I posted my first letter off to Abbey today requesting all my charges back, or, failing that, a list of all charges incurred over the past 6 years.

 

Wish me luck. :)

 

You don't need luck, you need JUSTICE :wink:

 

Hope it goes smoothly for you, let us know how you get on.

 

xxx

ML :)

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cHEM14346777

cHEM14346777

Posted
  • Author
Posted

OK, I had my first proper response today from my local branch manager, as follows (complete with spelling mistakes)

 

Dear Mr cHEM14346777

 

Further to my previous letter, having discussed the points raised with our customer satisfaction centre, I am now in a position to provide a response.

 

initially it is important to confirm that I will not be able to uphold your complaint, I realise you will be dissapointed but I hope I can explain clearly why I have reached this decision.

 

the issue you raised was that the charges levied were essentially unfaor. it is not possible for me to comment on the fairness or otherwise of our tariff of charges in general. What I can confirm is that all charges incurred were valid as per the prevailing tariff at the time of the individual instances and as such should stand. The terms and conditions of your account are provided at the point of opening and updates are sent out as and when they occurr, with this in mind, you will have been aware in advance of the cost to you of any breach of those terms and conditions. To clarify, I am unable to meet with your request for a refund of all charges incurred since opening.

 

If you do not agree with my decision and you would like to take your complaing further, you can contact the Financial Ombudsman Service. You'll need to contact them within six months of the date of this letter. I've sent you a leaflet that explains how to do this.

 

With regards to your request for details of all charges, I have today included prints which go back tp 19/07/2005, beyond that I have made a request for all of your statements back to 29/01/1999, the date the account was opened. I have been given a timescale by our document retrieval team of 10 days and upon reciept here at branch I shall forward them to yourself. However if this information is not satisfactory and you would like to make a formal Subject Access request, as covered by the Data Protection Acr, which is a request for ALL information held about you, then I would ask you to write to:

 

Data Protection Team

Regulatory Compliance

Abbey House

201 Grafton Gate East

Milton Keynes

MK9 1AN

 

This also carries a fee of £10, which in the form of a personal cheque should be made payable to "Abbey National PLC Access Enquiry".

 

Yours Sincerely.

 

A. Banker

 

So, any thought? I guess I just wait for my statements and get on with making the claim, should I write back to the bank manager with any kind of response do you think, or just get on with it?

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cHEM14346777

cHEM14346777

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  • Author
Posted

Sure, I realise this, and don't particularly like the idea of taking it to court (although I'm sure some of the more confrontational people here would thrive on it).

 

However, I do like the idea of getting back the £1500+ I've paid out over the last few years in charges, so I'm going to run with it.

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cHEM14346777

cHEM14346777

Posted
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Posted

I was waiting for all my statements before I proceeded with starting a claim. As these havn't arrived in the timescales promised, I'm going to send this letter off to the bank manager today:

 

Dear Mr Abbey,

 

Thank you for your letter dated 25th February.

 

I am sorry to hear that you are unable to refund these charges. In your letter you refer to the terms and conditions I agreed to when opening the account. It is also an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law, and, as stated in my original letter, the charges applied on my account are punitive in nature and therefore not enforceable at English law.

 

As we disagree on this matter, you leave me no choice but to start proceedings for recovery in the county courts as previously stated.

 

As I am still waiting for the details of all charges to my account which you promised to pass on to me in your previous letter. If I have not received these in the next 7 days I will start proceedings without them, and make a formal Subject Access Request, as suggested by yourself.

 

Cheers,

 

cHEM.

 

 

 

--

 

any thoughts? anything else I should add?

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Lindsaye

Lindsaye

Posted
Posted

I can't believe that an organisation such as Abbey allow staff to write letters with such bad spelling and grammar. I had a letter from my local branch offering me a 'Steakholder Pension' I did laugh. I am sure I could make a fortune sending it to the likes of private eye!

 

Good luck :D Chem for getting your case together, hope you get the result you want. I have just sent off my letter to head office requesting my charges, I know how bad local managers can be now I have seen your response. :shock:

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cHEM14346777

cHEM14346777

Posted
  • Author
Posted

just filling in the MoneyClaim.gov form, does this all sound OK? obviously I've butchered the copy from the library, but as I don't know exactly what I'm claiming, I've had to reword it slightly.

 

 

I have a contract with Abbey national PLC

dated 07/99 and which is conducted on their

standard terms and conditions. I am claiming

the return of money taken by the defendant in

the way of charges to account xxxxxxxxxxx

over the last 6 years plus the interest they have

levied on those charges. These charges are a

disproportionate penalty and therefore

unenforceable as they are contrary to common

law.

Further, as a disproportionate penalty they are

invalid under the Unfair (Contracts) Terms Act

1977 s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. Para.8 and

sch.2(1)(e). In the event that the charges

are not a penalty then they are unreasonable

within the meaning of the Supply of Goods and

Services Act 1982 s.15.

 

I estimate these total costs to be no more

than £4800

 

The claimant claims interest under section 69

of the County Courts Act 1984 at the rate of

8% a year from 07/99 to 03/06.

 

My main concerns are the bit at the bottom regarding interest, and the bits I've changed for the "no more than £4800" -- Ie; the only bits I've ammended. :)

 

your thoughts would be appreciated.

 

hope to be submitting this Friday.

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BankFodder

BankFodder

Posted
Posted

The time for the DPA response hasn't expired yet, has it?

 

If it hasn't then I would wait and send them an abrupt reminder. If it has then I would refer to the fact that they haven't complied in your claim.

 

I thihk that you will have to do this in an N1 rather than Moneyclaim.

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cHEM14346777

cHEM14346777

Posted
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Posted

Sorry for the delay in responding. :)

 

I havn't actually submitted a DPA, but as my local branch manager promised me all the charge details I requested, I decided to leave it at that (for now), however, he still hasn't recieved these, and has since, once again, promised them as soon as they arrive. Therefore, i'd like to start the claim now, and simply say "no more than £4800" .. or do you think I should wait?

 

do you suggest I do the N1 form bacause you thought they hadnt adheared to the DPA, or for another reason? will the charges be the same for submitting an N1?

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BankFodder

BankFodder

Posted
Posted

How long ago were you promise the information? Any bank with an ounce of goodwill can supply you with your statements almost over the counter.

If your manager has kept you waiting more than 10 days then I wold say that you have been stitched up. Go and see him with a DPA request and £10. Put the request into his hands and tell him that it is now officical because you fell that he has let you down and that you are disappointed n him personally.

Say it politely but say it in a way in which he will remember the incident.

The start sending him reminders.

Get a parachute.

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  • 12 years later...
cHEM14346777

cHEM14346777

Posted
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This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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