Clarkey747 v Abbey

[clarkey747]

Hi Everyone, i've just joined this account after my cousin won against the halifax. I want to take on the shabbeynational!!

 

 

I have a major question, i settled with my other credit cards a few years ago for 80% of the final amount after getting into a bit of financial trouble. Can i go after any of them for charegs even though we made this agreement?

[muggins73]

Hi there clarkey and welcome to the family:)

 

In answer to your question, it really depends on whether or not you accepted certain 'terms' when you settled?

[clarkey747]

Thanks, What terms are they?

[MARTIN3030]

Well only you would know this !!!

 

You will have to SAR them and see if they have the agreement (if you signed such )

Although I would argue that you were not aware at that time that the charges were unlawful and if you had of been then would have settled for nothing short of 100%.

Look at it this way.....you have nothing really to lose by trying for the other 20 %

[muggins73]

Thanks, What terms are they?

Erm, let me think...terms like, we'll give you the money if you keep quiet about it and never bother us again. Yep, that sounds about right:o

 

Well only you would know this !!!

 

You will have to S.A.R - (Subject Access Request) them and see if they have the agreement (if you signed such )

Although I would argue that you were not aware at that time that the charges were unlawful and if you had of been then would have settled for nothing short of 100%.

Look at it this way.....you have nothing really to lose by trying for the other 20 %

Couldn't have put it better, martin;)

[muggins73]

It's also worth starting a new thread in Abbey nationals. There fellow comrades who've already dealt with them will be happy to assist you in more detail.

 

Good luck, and Happy New Year!!!

[MARTIN3030]

Posts moved to Abbey:D

[clarkey747]

Sorry i think you have misunderstood, they didn't settle with me for 80% of the charges, i mean that i was in debt they offered to close my accounts if i paid 80% of the total money i owed to them. so i signed an agreement to pay them 80% of the total money i owed them. What i'm wondering is can i claim back any charges that they hit me with before i settled the account with each credit card company.

[clarkey747]

Does anyone know if i can claim charges back? My cousins father also settled his debts with his credit and loan companys, he used a solicitor who contacted them and told them that this was how much money he had and they would have to accept it rather than paying the full amount he owed and i was wondering would he have a leg to stand on as well as the charges at the time were horrific from the companys before he got the solicitor?

[MARTIN3030]

Hi Clarkey.

 

The answer to that obviously depends on the nature of the charges.If they were penalty related yes.

 

As regards your questions I would certainly think about claiming not only the charges before you settled but the whole lot.

You can base your arguement on the fact that you only signed because you were not aware at that time that the charges were penalty related, and if you had of been then you would not have agreed to pay back this 80%.

Best way to go about this is to go through all your statements and find the charges that were unlawful penalties.Then start the process of claiming the lot back.

[muggins73]

Sorry i think you have misunderstood, they didn't settle with me for 80% of the charges, i mean that i was in debt they offered to close my accounts if i paid 80% of the total money i owed to them. so i signed an agreement to pay them 80% of the total money i owed them. What i'm wondering is can i claim back any charges that they hit me with before i settled the account with each credit card company.

 

Hi there clarkey and sorry for the misunderstanding.

 

In response to your pm, it looks as though martin3030 has responded to your last two threads sufficiently. Being a moderator I'd be inclined to listen to him above everyone else, especially a meer learner driver like me:)!!!!

 

Does anyone know if i can claim charges back? My cousins father also settled his debts with his credit and loan companys, he used a solicitor who contacted them and told them that this was how much money he had and they would have to accept it rather than paying the full amount he owed and i was wondering would he have a leg to stand on as well as the charges at the time were horrific from the companys before he got the solicitor?

 

If you want my opinion, I'd do as martin has suggested and both you and your cousin should start the process from scratch. Get all your statements and work out how much unlawful charges your banks have charged. Then, if you both feel that it is the right choice for you, hit them where it hurts:D Hopefully, the monies you end up reclaiming in unlawful charging could help to pay off a good part of the money you owe to them. Neither have you have nothing to lose in trying.

 

Hope this helps.

[clarkey747]

Thanks alot Martin and muggins, this advice is really helpfull. I have now sent away my data protection to the abbey, and also data protection to two other credit card companys. Having read this forum it seems abbey are not playing ball and really stalling people and bullying them more than others!!

[muggins73]

Thanks alot Martin and muggins, this advice is really helpfull. I have now sent away my data protection to the abbey, and also data protection to two other credit card companys. Having read this forum it seems abbey are not playing ball and really stalling people and bullying them more than others!!

 

Well done, clarkey (and thanks for the reps:))

This is only the first of many hurdles, but I have a feelin' you'll be okay.

Good luck and keep us posted.

[muggins73]

Long time no threads clarkey, what's happening?

 

I've just launched my attach on Abbey as I'm at the last stages with Natwest, so I'll be moving on over to your neck of the woods soon.

Haven't heard diddly from you and was wondering whether yu've bottled out or not?