Question on making claim...

[jimbobaggies]

I would just like to confirm that the course of action I am taking is correct before proceeding;

 

Have had charges that made me go over agreed overdraft limit, following month they take more charges, leaving me not enough money to pay all bills, this snowballs so I am getting more and more in debt. This is not the first time, and in the past (before knowing about this website) I have taken out loans, but now I am in a position where I cannot do this, and am getting more and more behind with payments to companies. To cap this all, Abbey say they are going to remove my overdraft on the 1st June due to continually exceeding the limit, something that will put me even further into debt, and only came about because of the amounts of charges being taken.

 

Like I say, before finding out about this website recently I sent a letter to Abbey complaints, stating the implications of them removing the overdraft facility, and also stating their charges were "a disproportionately high sum in compensation to cover these costs"! I asking for refund / compensation for charges, and have asked to be allowed to reduced the overdraft at between £50 - 100 / month, but they have declined both stating that the charges were "valid and inline with our terms and conditions" and that they will not offer me any alternative to repaying the overdraft, and it will be removed on the 1st June.

 

So now I want to do things in the correct manor to try and claim back the charges from as far back as possible...

1. Letter - Preliminary approach for repayment. (wait 14 days)
   
   
2. Letter before action. (wait 14 days)
   
3. Start claim through money claim online.

Is this the correct order to go about things?

What is the maximum I can claim using money claim online without being liable to pay costs if losing?

 

What can I claim for?

• Charges for clearing debits when overdrawn?
  
• charges for bouncing direct debits?
  
• charges for clearing visa payments when overdrawn?
  
• charges for clearing cheque's when overdrawn?

I have taken the action of opening a new bank account, and will be switching my pay and direct debits over to that before the end of this month hopefully...

 

Thanks in advance,

 

James.

[Yorkyclaims]

Yes it is the correct procedure.

 

£0. You have to pay a fee to get your claim at the courts, If you lose you will have to pay the (usual amount of) £120, and the court allocation of £100... BUT YOU WONT LOSE!

 

 

And finally you can claim for all of the 4 you queried!

 

Good Luck

[jimbobaggies]

Another question.... they are saying they will take my overdraft facility (£1550) away on the 1st June, and this is quite a sum of money. Am I right in thinking if I start proceedings by sending the preliminary approach for repayment letter, then I can say to them the monies owed them are in dispute, and it clearly states that you will not be persued for monies that are in dispute, thus preventing them from taking away the overdraft?

[jimbobaggies]

Yet another question, is this the correct address;

 

Complaints

Abbey

PO Box 5129

Milton Keynes

MK9 2YN

[jimbobaggies]

Anthony Turbitt,

Manager,

Customer Services Banking,

PO Box 297,

Bradford,

BD1 1BR.

 

That is for the Abbey right? Wouldn't I be better off putting;

 

The Manager

Customer Services Banking

Abbey

PO Box 297

Bradford

BD1 1BR

[andrew1]

If its any help, the overdraft limit with Abbey seems to change depending on how much each month you pay in. I had a £500 overdraft facility and they said they would remove it on 1st Jan. When I queried it they said that is was based upon the fact that I hadn't paid in enough during the preceding 6 months and the £500 was actually reduced from £1000 I had had before that so it seems reasonable enough. In fact I feel free now using the '0' balance as my overdraft facility! I think if you pay your salary/wages in the they can see movement and how much and I think this is just a control they have for making sure you don't spend too much ( am I defending the bank here? - apologies to all 17000 of you! )

[jimbobaggies]

I sent my letter by recorded post, which was delivered on the 18/05/06, the address I used was;

 

The Manager

Customer Services Banking

Abbey

PO Box 297

Bradford

BD1 1B

 

To date I have not had a reply, not even the standard one, is this usual?

[Yorkyclaims]

Yeah,

 

Stick to your timescales though & dont let them dictate the pace

[jimbobaggies]

Earlier this month Abbey wrote to me, in that letter the tried to explain why I had received charges at certain times and offered to overturn the charges on my account this month (although they are still removing my overdraft), so I then sent them the preliminary approach for repayment, and they have sent a letter with this response;

 

Thank you for contacting us again. I am sorry you are unhappy with the response from my colleague xxxxxxxx xxxxx, which was detailed in her letter of 10 May 2006.

 

I believe we have covered all the issues you have raised, and as we have explained, you should now refer your complaint to the financial ombudsman service.

 

I am sorry we have not been able to reach agreement on this issue, but there is nothing more I can add. We will be unable to reply to you any more on this subject and any further correspondence will simply be added to your file.

So, do I still just send the letter before action at the end of the 14 days, or do I need to go to these ombudsmen?

 

I also notice that this letter came from "Abbey complaints" department, who I contacted before coming across this website, and not the "Customer Services Banking" department where I sent the preliminary approach!

[jimbobaggies]

Another quick question, the section in the letter about "default notice against my credit record". How do I know if they have done that? Or should I just leave that out!

[MARTIN3030]

Allowing for weekends and the Bank hol Jim theres still time.

You are likely to get one this week.

[jimbobaggies]

I'm still worried about this;

 

"don’t claim for more than £5000 - that way it would be heard in the Small Claim Track, where no-one is eligible for the legal costs of the other."

 

On here;

 

http://www.moneysavingexpert.com/cgi-bin/viewnews.cgi?newsid1141050760,24632#step

[MARTIN3030]

Another quick question, the section in the letter about "default notice against my credit record". How do I know if they have done that? Or should I just leave that out!

 

 

Jim theres a link on the forums to get a free credit report from Experian.

 

They give you a month free.

 

Martin

[jimbobaggies]

Abbey have only responded to my preliminary approach for repayment with the following;

 

Thank you for contacting us again. I am sorry you are unhappy with the response from my colleague xxxxxxxx xxxxx, which was detailed in her letter of 10 May 2006.

 

I believe we have covered all the issues you have raised, and as we have explained, you should now refer your complaint to the financial ombudsman service.

 

I am sorry we have not been able to reach agreement on this issue, but there is nothing more I can add. We will be unable to reply to you any more on this subject and any further correspondence will simply be added to your file.

So today I am sending the Letter Before Action.

 

However, I have received a letter from Abbey with regards to my account, and they said they are going to cancel direct debits, and want cards / cheque's back, which doesn't matter as we have opened an account else where, and already transfered direct debits etc... but they also say the following;

 

As it's not been possible to reach a suitable payment arrangement... Until you pay this money back, you'll be charged interest at the unauthorised overdraft rate... It's important that you call us today to discuss payment of the outstanding amount, If we do not hear from you, we will write ti notify you of our intention to register default information and pass the account to a collections agency for full recovery of the debt.

I have drafted a letter in reply, and would like some thoughts on this;

 

Please find enclosed cheque guarantee / visa debit cards, and unused cheques.

 

I have tried to enter into meaningful discussions on a number of occasions, by phone, letter, and email with regards to charges you have made against this account, which with interest amount to almost three times the current sum overdrawn.

 

As stated before, the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. If you say that they are not then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches in order to reassure me that your penalties really do reflect your costs!

 

Further, an offer has been made to make monthly repayments to recover this overdrawn amount, which you have declined, but as you must understand, we are in no position to repay this amount in full, and in fact, the reason the account is overdrawn to such an extent is through charges continually made against the account by Abbey.

 

As a gesture of goodwill, we will make an initial transfer to the sum £100, which I will continue to do on a monthly basis until the overdrawn amount is repaid. However, as I am currently still in dispute with regards to the charges Abbey are making against this account, I would suggest that no further action, or charges, are taken until this action is settled.

[MARTIN3030]

Wonder why they are digging their heels in and talking about the Ombi ?

 

Maybe they are bluffing.............have a look at the other Abbey claims and may give you some ideas.

[jimbobaggies]

I sent my letter before action on Friday by "recorded signed for" first class, and it still not showing as signed for today (Wednesday). Phoned the number on my receipt, and they couldn't tell me anything other than it has not been delievered. So I take it I need to send it again now to be sure.

 

btw, this is the address I used (unless any better suggestions);

 

The Manager

Customer Services Banking

Abbey

PO Box 297

Bradford

BD1 1B

 

Also, if anyone feels like glancing through this thread and giving me any advice, answering unanswered questions etc...

[jimbobaggies]

Hi, The recorded delivery system isn't brilliant, it relys on the postman entering it in a log - I expect your letter will have been delivered just not showing on the system yet. I had the same trouble with a DPA request and sent a second - then found out they had recieved the first after all and confused things !

 

If you have rung the royal mail tracking people try the post office tracking people from the post office website. It usually takes a few days to show on their systems.

Letter was delivered today... so it took them 4 working days to deliver first class!

 

So I now have 14 days to prepare before having to enter a claim at the online court, and am slightly apprehensive... need answers to some of my previous questions still, and any advice.

[Rich44]

Recorded delivery is less than worthless, they dont even have to get a signature if the postie is feeling lazy and it can take 2/3 days longer than 1st class, if you're going to go down this route use Special delivery (formerly registered) as its the only service with a guarantee.

[jimbobaggies]

Have had a reply to my letter before action. It was addressed to me and my wife, but started "Dear Miss Wood", which is neither of us! Is this anything to worry about?

 

Thank you for contacting us again. I am sorry you are unhappy with the response from my colleague ***** *****, which was detailed in her letter dated 4 May 2006.

 

I believe we have covered all the issues you have raised, and as explained, you should refer your complaint to the financial ombudsman service.

 

If the complaint esculates into a claim in the county court, we will review each case individually, and if we feel that our relationship with our customer has broken down completely, we may decide to give notice to close the account under the terms and conditions.

 

I am sorry we have not been able to reech agreement on this issue, but there is nothing more I can add. We will be unable to reply to you any more on this subject and any further correspondence will simply be added to you file.

I have read with interest about keeping the claim below £5000, I will file one claim for less that £5000, and follow it through to completion before claiming the rest back... will I then need to send more letters to Abbey, or just make consecutive claims?

 

 

PS

 

Anybody that has already been through, or has experience of, making a claim against a bank in the court (and won preferably), would you be able to forward any relevent information I will need... it is getting to almost within a week of filing!

[MARTIN3030]

Ha Ha looks like they are getting flustered.

 

Actually the Toilet Bandit was sent someonelses account details.

They obviously have their work cut out now and are probably argueuing over who has got the task of signing for all the mail every morning now !!!

 

 

[jimbobaggies]

Right, Abbey have made no further contact, apart from to tell me they are removing all facilities on my bank account, which is a tad over £2000 overdrawn. Luckily I opened a new bank account last month. I am going to start a county court claim tomorrow.

 

Should I reply to any of their letters with regards to my bank account, i.e. telling them that I have started proceedings, and so they should stop making charges etc?

 

Here is my claim I am going to file (online), comments before I proceed please...

 

Section: - Brief details of claim.

 

The action is on the grounds that:

 

I have a contract with the Defendant bank 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 plus the interest they have levied on those charges. The bank's 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 have repeatedly asked the bank to justify their charges but they have declined to do so.

 

Section: - Value.

 

Total bank charges taken in the period 1st January 2005 to 31st March 2006 of £***.**. I am also claiming interest on the bank charges of £***.**; this is calculated at 8% as allowed by s.64 the County Courts Act (1984).

 

The total value of the claim is £***.**.

 

Section: - Particulars of the claim

 

1. The Claimant has an account ******** ("the Account") with the Defendant.

 

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) The return of the amounts debited in respect of charges in the sum of £***.** plus £***.** interest at 8% until 26th June 2006 plus interest continuing at the same rate of £0.85 pence per day until date of judgement pursuant to section 69 County Courts Act, as set out on the attached list of charges or at such rate and for such periods as the court deems just;

 

b) Court costs.

 

I believe that the contents of these particulars of claim are true.

Should I use the same address for Abbey that I have been using all along?

 

Links to any other relevent information please....

[MARTIN3030]

Looks ok

 

The address you can use is their registered office since legal documents can be served there.

 

If you are using another then it will probably be forwarded

 

Many of these banks have litigation people who take up the case at the court papers process.

 

Good luck with it and keep us posted

 

 

[jimbobaggies]

The address you can use is their registered office since legal documents can be served there.

Which is? Sorry if I'm being dumb!

 

 

 

PS.

Forgot to mention. Lost my job at the beginning of this month, so could really do with this running very smoothly (with least cost incurred to myself as possible)! Hopefully I can get a job in the next few weeks... how long do these claims usually take after being filed, in experience of people who have won against the Abbey?

[MARTIN3030]

HEAD OFFICE. Abbey National House, 2 Triton Square, Regents Place, London, NW1 3AN

looks like this is the one.

However check on the Abbey national contacts posts in their thread on the main Bank forums.

[MARTIN3030]

Bankfodder posed this back in March.

 

Antony Turbitt

Manager

Banking Services

 

 

Customer Servces (Banking)

PO Box 297

Bradford

BD1 1BR