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sam78

sam78 V's Abbey***WON***

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This is my story so far...

 

I received an email a few weeks ago about a company who reclaim your bank charges for you. I read it, thought about it and decided to investigate - it seemed too good to be true.

 

I made various enquires on the internet and arrived at CAG who confirmed that I could claim back my bank charges, and better still, that I could do it myself without paying someone 25% to do it for me.

 

My next step was to dig out the old bank statements. I must admit, I didn't think I'd have them all but to my suprise I did. When I went through the details, I was horrified. I had some serious financial problems a few years ago and had erased them from memory, when I was in dire straits my bank made things ten times worse for me. One month alone I was charged £487!!!

 

Time to do something about it. I read through loads of threads and info on how to reclaim the charges and I tried to find any cases that had been defended and lost in court - of which I'm happy to report there are none, if you follow the procedures correctly.

 

I sent my preliminary letter with copies of my statements to the Abbey on 10th Jan, less than a week later I received an automated letter - we'll investigate and get back to you within the next millennium blah blah blah. The Abbey like wasting customers money so much that they actually sent me two letters, with the same brush-off, on the same day, both with different reference numbers!

 

Anyway, the two week deadline is upon us on Wednesday. I have more copies of statements to send out with my LBA.

 

I've decided to start work on my claim so that I can check it and re-check it before I take it into the local courts in just over two weeks time.

 

I'll keep you posted on what happens here onwards.....:oops:

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Guest ian cognito

Hi and welcome

 

Looks like you're doing just fine so leave you to it!!

 

Keep us posted please

 

Good luck

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I understand that when you file a claim with the court you can then add 8%apr interest to the charges you're claiming for. Once the claim is filed further interest is then charged at a daily rate of 0.0022% - is this daily rate worked out to include the total amount claimed for including the 8% interest charge or just the amount you have been charged i.e. the total of charges on your statements? :confused:

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Hi and Thankyou.

 

It's quite scary at first but I'm happy to take it as far as necessary to get my money back now.

 

CAG make it very easy to understand and virtually do everything for you. It's good to know there's people out there who are willing to help without wanting to rip you off.

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Great - i understand now - thanks x

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sorry I thought it was 0.00022% which equated to 8%


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I'm getting into this now.

 

Tomorrow is the deadline for the preliminary letter, I've got my LBA and schedule of charges all ready to send in an envelope. I'm going to the post office first thing in the morning.

 

I've also popped in to my local courts today and picked up the necessary info and forms for when I start my claim - as I will no doubt have to - in two weeks time.

 

I've got plenty of reading to be doing and I plan to have everything ready so that in two weeks time I can start with the court procedures.

 

I'm looking forward to this....

 

Will keep you posted x

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Guest ian cognito

There is an N1 form and particulars of claim in the templates library if you want o have a 'practice' before you fill out the court forms, good that you've been for a look round, makes it a bit less daunting when the time comes.

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I have now sent my LBA recorded delivery with another copy of my schedule of charges.

 

My paperwork is all ready to take to the court in two weeks time to start my claim, the £120 fee is in the bank ready and waiting. I wonder what response I'll get, if any, from the scabbey.

 

I've also decided to get my statements and go through them for my Capital One credit card. They charged me £12 this month for being over my limit by pennies and for 1 day.

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Just over a week to go until my court docs are filed. I'm also reading and printing the court bundle, which I think I have the gist of. I want to be able to send this to them a day or so after their defence is filed - so that they know I mean business.

My account has been in credit for over a year, is it possible that they will still close it down once I'm refunded? I'm looking for a new account tomorrow but can only get a basic account though I would like a debit card - it's much easier than having to find a cash machine everytime I ned something. Has anyone any suggestions please?

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Quick question - do I send my court bundle with the AQ (if it gets that far) or will that be requsted at a leter date?

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I sent my LBA last week and wondered if I should contact abbey to see if they've received it (though I sent it recorded and have seen the electronic signature on royal mails website) and to reaffirm my intention to file a claim against them next week? Is it worth hasling them a little?

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So far, no response from abbey, less than a week to go before I file my N1 form too.

I put my details forward as a case study for the Sunday Mirror but as I wasnt overly keen on having my picture in the paper and my details revealed, I turned down the chance.

 

I've also contact my local paper with details but no one has replied.

 

I'll be back with more updates next week - unless abbey reply in the meantime.

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sam78,

Whoa. You're enjoying this, aren't you ! But because you are already mentioning court bundles and AQs and you've only just sent the LBA, and just in case you've got things out of order, here's what I think the sequence is :

  • LBA
  • Abbey send GOGW
  • You reject or accept in partial settlement
  • You file N1
  • Court send you Abbey's defence and an AQ to fill in
  • You fill in the AQ and return it to Court, attaching draft Directions if you want
  • Judge considers AQs (yours and Abbey's) and issues Directions, and I think it's at this point you get a Court date
  • You comply with Directions (which will include sending in your Court Bundle - although it will be called something much more impressive)
  • After submitting the Bundle but before the Court date, Abbey gets in touch

Caveat is that sometimes Judges throw in curve balls like Preliminary Hearings. HTH. Regards, Mad Nick

 

PS It was quite mind-clearing writing that down because I'm waiting for Abbey's defence (overdue) and it's good to be clear (assuming I got it right which others will no doubt point out if it's not !)


Abbey £8370 settled 17 Apr 07

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Thanks, that makes things even clearer - like you said it helps seeing it in writing.

I'm kinda hoping abbey don't get in touch, more ammo for me to use against them and I wouldn't have to amend the figures that I've got.

Fingers crossed eh?

 

I am enjoying this, abbey put me through financial hell for years and now its time to get back what I'm owed!

 

Thanks again for the 'order of service'.

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p.s. I'm checking my account daily for any GOGW so that I can write back with a rejection letter!

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I've been going through my statements with a fine tooth comb this week and have found a few more charges that had escaped my notice.

Will I be ok to just add these to my N1 claim form?

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Guest ian cognito

Yes, you can add them in up to the point of claiming - including any new ones since your letters.

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Thank you. I've also noticed a few that were charged and refunded can I add these or is that just being cheeky?

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sam78, naughty, naughty. Regards, Mad Nick


Abbey £8370 settled 17 Apr 07

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oh well, worth a try lol!:D

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Guest ian cognito

Tried it Sam, doesn't work ;)

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Well I've received a letter from the abbey today, they obviously have a low opinion of me and think I scare easily. How wrong they are.

They have sent me their automoated response to my letters, this one saying

 

'I'm sorry you are unhappy with the charges and I understand you would like these refunded. I can confirm the charges were applied correctly, as you had insufficient available funds at the time. I have now had the opportunity to review your bank account and note that you have not incurred charges recently and cannot therefore refund any charges to your account.

 

I appreciate your feelings on this matter but we are satisfied that the charges do not contravene the Unfair Terms in Consumer Contracts Regulations 1999. We also comply with the Office of Fair Trading, in dealing fairly and openly with our customers.

 

The Office of Fair Trading announcement was in relation to Credit Card default charges and not overdraft default charges or to other products, such as Bank Accounts. This means our Tariff of Charges continues to apply.

 

The information provided by UK banks to the House of Commons Treasury Committee, also related to credit card charges only. Therefore, the comments made are not directly relevant to the issue of charges on bank accounts.'

 

And so on.

 

Huh, not even a poxy GOGW. Maybe it's time I transferred my accounts.

 

They have done me a slight favour though, I can now claim the full amount and interest through the courts, which I'm starting on Wednesday.

 

See you in court suckers (IF they turn up).

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I've filled in most of my N1 form, just left the bits re interest as I'll work those out on Wednesday before I take all the paperwork to court.

 

According to the clerk at the courts it's taking around 4 months for hearings so I could be in for a long wait.....

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Guest ian cognito
According to the clerk at the courts it's taking around 4 months for hearings so I could be in for a long wait.....

 

This could be due to a certain website......the cause of a rather sharp upturn in small claims apparently, on the other hand, it suits them down to the ground because it's just more delays, patience is a virtue Sam x

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