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James33 Taking On Abbey


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I know Jules, mind you, at the rate they are going with my case, it will take years before I ever get a settlement anyway!!

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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Hubby has just rung Southend and our court order is currently being looked at and she couldnt access our file, but thinks it has been stayed and said we should get a letter through soon to say what date it has been stayed until. Knew it would be, but its still a bummer when they tell you.

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I have just received a link to this from Abbey via email. Thought it might be useful to others as it seems to clarify their position with regards to the OFT test case. Apologies if this is already posted somewhere!

 

 

Bank charges

 

 

What is happening?

On 27 July, the Office of Fair Trading (OFT), 7 UK banks and a building society started a court case to decide on the legality of unauthorised overdraft charges.

This case is called a "test case" because the decision will clarify the law in this area and is likely to apply to all current and new claims against current account providers about unauthorised overdraft charges.

We will continue to post updates on our website to keep customers informed of progress on the test case as this could run for at least a year.

What will happen to customer complaints about unauthorised overdraft charges?

Most banks and building societies will not be dealing with or resolving customer complaints on unauthorised overdraft charges while the test case is running.

If you do complain about your unauthorised overdraft charges, we will write to tell you that we have received your complaint and that we will record it on your file. When a final decision is reached in the test case, we will contact you as soon as possible to tell you how we will resolve your complaint. We will apply the decision in the court case to all complaints we receive.

Why are the banks allowed to stop dealing with unauthorised overdraft charge complaints during the test case?

We applied to the Financial Services Authority (FSA) for a suspension of the normal timetable for dealing with unauthorised overdraft charge complaints. The FSA decided that, in the circumstances [it was appropriate to grant us a suspension of our obligations under the FSA's complaint handling rules while we sought legal certainty on this issue. The suspension is subject to a series of conditions designed to protect customers' rights. You can read the form of the FSA suspension here: www.fsa.gov.uk

All customers who have made a written complaint on unauthorised overdraft charges but who have not yet had their complaint resolved will receive a letter to explain the position with respect to their complaint.

Can I make a court claim for a refund during the test case?

Yes, but we will apply to the court to put your case on hold while the test case is running. This is because the issues being raised in customer complaints on unauthorised overdraft charges are being considered in the test case.

Can I complain to the Financial Ombudsman Service about my bank charges?

The Financial Ombudsman Service (FOS) has decided not to review complaints while the test case is running. If you do complain to FOS, you will receive a letter explaining that.

What if I have already been made an offer?

We will stand by any offer to settle a complaint or court claim that we have already made to our customers. If you have received an offer to settle from us, we will be writing to you again shortly. Our letter will explain that customers have two months to decide whether to refuse our offer and wait for the decision in the test case. If you do choose to refuse an offer, your complaint or claim we will be held and recorded by us until there is a final decision in the "test case". We will then contact you again as soon as possible to finally resolve your complaint.

I have already accepted an offer from you. Will my claim be revisited?

If you have accepted a 'full and final settlement', we believe it unlikely you would be awarded a further sum even if the test case indicates a potentially larger amount. However, this does not preclude you from asking for repayment of any new charges incurred if the courts find they are unlawful.

How long will the "test case" take?

At this time it is too soon to give any exact timescales for a conclusion to the "test case" but it could go on for more than a year. We have agreed with the OFT and the FSA to conduct the test case in an efficient, prompt and orderly way.

Where can I find out more?

There is more information on our website www.abbey.com.

Customers can contact us by calling 08456 022631 where they will hear an automated announcement and can then speak to an advisor.

Alternatively, you can find more information through the following links:

The Financial Services Authority: www.fsa.gov.uk

The Office of Fair Trading: www.oft.gov.uk

The Financial Ombudsman Service: www.financial-ombudsman.org.uk

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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How long will the "test case" take?

At this time it is too soon to give any exact timescales for a conclusion to the "test case" but it could go on for more than a year. We have agreed with the OFT and the FSA to conduct the test case in an efficient, prompt and orderly way.

 

Am i the only one to have a giggle at this lol

:madgrin:

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Yes I know ICY - that'd be a first for them!! Don't think they've even got it in them. :p

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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Spoke to the Court AGAIN this morning. Although they are still carrying on as usual at the moment until they hear otherwise, my case is still awaiting a court date. Apparently, the delay is because the Judge requested further evidence from me at the end of June and although it has been allocated, he still has not looked at the evidence I submitted and until he does I don't get my court date. I explained that I submitted the evidence over 5 weeks ago now and that I didn't see why he needed evidence (he asked for proof that the account was also in my husband's name as the evidence I had provided was only in my name) as I hadn't actually provided any evidence at all just my POC and spreadsheet of charges. I was under the impression that this would be included in my bundle when I submitted the actual account statements which clearly show joint names. Still she said the Judge needed to look at the evidence I had submitted and although she said she was sure it wouldn't take too much longer had no idea how long it might be. I am so frustrated with all this, I am desperate to get a court date as its now 9 weeks since I submitted my AQ and I am worried that it will affect me adversely if the abbey request a stay and I haven't got a date at that stage. Sorry for long post but I needed a rant. Although I'm not desperate for the money, I'm sure like many others I had made plans in my head about what we could spend some of it on (ie a nice holiday and days out for kids etc) it seems like that will all be taken away:(

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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Please can someone clarify something for me. I have been reading in several threads that Abbey, along with the other banks, have promised to honour offers made previously for a period of 2 months. On their website it says, "We will stand by any offer to settle a complaint or court claim that we have already made to our customers." I was offered £7200 on 15th June. At the time I refused it as I was confident of getting all my money back relatively quickly. However, I emailed Inga to say I was now prepared to accept this offer in light of the recent developments and she replied, "Our offer having previously been rejected is now withdrawn." Are they not under an obligation to honour this offer as it was made less than 2 months ago? Please could someone advise me on this urgently!! Thank you so much :)

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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James, My understanding is that if the Abbey made you an offer and you rejected it and said more or less I`ll see you in court and now due toe OFT annoucement you want to accept that offer. I`m afraid they are right in telling you that it has been withdrawn.

Its a case of once you get an offer and you reject you cant go back and say I would like that offer that I rejected.

I am in the same boat. Shortly before they annoucement, they offered me £4k, I refused thinking, na I`ll go to court get my money will all be over by Sept. Then the annoucement was made. Too late to do anything about it then. Which makes me thing the Abbey were offering settlement well below what you are claiming knowing that you were gonna reject and knowing that they and OFT had this big annoucement up their sleeve.

Ladidi

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Thanks for that Ladidi! That is what I expected really, I think I was just hoping that someone would say that yes, Abbey should honour that offer, which would have made me feel alot better, never mind I'll just have to be more patient

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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James, the reply was my own personal opinion. What you could do is ask one of MODs or someone who knows more than me.

 

I maybe wrong, but the Abbey being Abbey. I wouldn't hold your breath into getting the answer you would like..The Abbey only dish out answers that suit them and not the other way round..

Ladidi

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Oh guys I feel for your. skeggsy v abbey

SKEGGSY

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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they did that to me, inga first offered me 1700ish ronan then offered me 1400 last week, they are not the brightest sparks

I know we are now post oft discussions since this post but did they offer to you before they gave a defense albeit a pokey one or after the defense and court date looming?

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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I did wonder to be honest if they would try and wriggle out of settling claims if you had already rejected their offer. PM leecabs as I have read that Abbey have agreed to his acceptance of an offer they made him before the test case announcement which he had previously declined. If you don’t get any joy from Asshurts, try contacting Abbey direct on 0845 6022 631 and ask them what the position is on deals they previously offered which claimants rejected.

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this is the full wording on their website

 

What if I have already been made an offer?

We will stand by any offer to settle a complaint or court claim that we have already made to our customers. If you have received an offer to settle from us, we will be writing to you again shortly. Our letter will explain that customers have two months to decide whether to refuse our offer and wait for the decision in the test case. If you do choose to refuse an offer, your complaint or claim we will be held and recorded by us until there is a final decision in the "test case". We will then contact you again as soon as possible to finally resolve your complaint.

 

Personally, you could take this to mean that ONCE they send you the letter explaining what is happening re your case, THEN you have two months in which to decide and IF you reject their offer then they will put a note on your file.

 

Note to James33,

 

Only a suggestion but write to INGA quoting the above from Abbey's website and tell her that it says that ONCE they send you a letter regarding your claim you have two months to accept any offer they made you, IT DOESNT SAY ANYWHERE in the text that if you have rejected an offer PRIOR to them sending you this letter will they not Accept any offer made to you. This could potentially be a grey area, they should of worded their statement a lot better.

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woohoo!! Just had my court date through - 6th September.

 

DISTRICT JUDGE PARRY has considered the statements of case and allocated the claim to the small claims track.

 

The hearing of the claim will take place at XXXX on 6th September 2007 at Worcester County Court and should take no longer than 10 minutes.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing.

 

The original documents shall be brought to the hearing.

 

Date: 03 August 2007

 

So bundles have to be submitted by 23rd August at the latest which is only just over two weeks away! My court is still saying they have not heard from a higher judge that any cases are to be stayed so are still carrying on as normal and have heard nothing from the Abbey regarding a stay either. Fingers crossed they will fail to submit their bundle!!

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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I have decided to get on with my bundle and get it in early don't know if this will earn me any brownie points but at least it will be out of the way and not a last minute rush! Is there anything new I need to add in light of the OFT ruling does anyone know???

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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Great news James, for everyone and for me skeggsy v abbey, xx

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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QUICK QUESTION ABOUT MY COURT BUNDLE - when I am copying my bank statements showing the charges, is it ok just to copy the front page summary which has a list of all charges incurred that month and why? It would save me an awful lot of copying!!

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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Well that's most of them then! Thanks Michael:D

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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Hi J33,

 

great news about your court date...............you've waited long enough for it. Also.............the earlier abbey receive your bundle the more likely they are to settle:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

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

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi,

 

Glad you got your court date through, and its quite soon too.

 

Also great news about our court carrying on as usual.

 

My bundle is all done now and has to be in by Thursday. I am taking it down tomorrow and sending Abbey their copy. Fortunetly I didnt have too much printing to do as I kept my bundle after my success with LLoyds.

 

If you have a probs with your bundle give me a shout.

 

Good luck and happy printing :)

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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