Gissie Vs. Abbey

[Gissie]

Hi all,

 

I read about the Consumer Action Group a few weeks ago and decided to take action against Abbey's charges (which amount to quite a lot as my budgeting isn't that good). On calling Abbey's customer services number to question recent charges, the very nice woman there actually suggested I take this course of action and 9/10 Abbey will just pay up after investigating the case. Very encouraging, and I thanked her for her honesty.

 

Anyway, sent SAR letter a little over a week ago and this morning received this reply:

 

Thank you for your letter dated January 2007, which we received on 30th January 2007, requesting information on your bank account. I acknowledge receipt of your £10 fee.

 

I confirm that arrangements have been made for the information you have requested to be sent to you. The transactional information remaining on our systems, normally covering the last fourteen months, will be sent out in the form of individual duplicate statements. You should redeive these within five to seven working days of the date of this letter.

 

Any previous transactions have been archived onto microfiche and it is not possible to provide you with a computer print out of this information. However, we have made arrangements to send you a list of archived transactions between 2000 and 2005, under separate cover.

 

You have also asked for details of any 'manual transactions' that may have been made on your account and I am sorry that we are unable to help with this request.

 

I can explain that we consider 'manual interventions' to mean an action that is not automatic or computer-driven. Not all manual interventions are recorded, for example if a member of staff looks at a paper document relating to your account, a record is not always required. Similarly some interventions may relate to work carried out by a department rather than individuals where no central record of activity is kept because this is not the kind of information we need, or more importantly, that a customer would usually request.

 

If you have any questions please call us on the above number.

 

 

It seems fairly straight forward and I anticipate their reply whilst researching other cases and advice on this great website.

 

If anyone else received a similar letter in the past few weeks, what was Abbey's next move?

[Gissie]

Abbey have now sent through copies of my statements for the past 14 months. They have charged me £30 for paying direct debits whilst I was overdrawn. Can I claim these charges back too?

[Mad Nick]

Gissie,

Can I claim these charges back too?

Yes - any charge ending in .00 is fair game !!! . Regards, Mad Nick

[Gissie]

Hey Mad Nick,

 

Cheers for that!

[Gissie]

I have received statements from the past 14 months from Abbey and am now waiting for the microfiche information so I can submit my prelim letter to them. In people's experience, is it best to include the spreadsheet with it, highlighting all individual charges, or is it sufficient at this stage to just give them the overall amount being claimed back?

 

Many thanks

[Michael Browne]

is it best to include the spreadsheet with it,

 

Yes, use the Simple S/S here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

and visual guide here:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

Overwrite the existing examples type of charge, amount and date.

 

The days since and 8% will be calculated automatically

 

Save it (for use later at court), then delete/hide the last 2 columns (8% bits) and print out as your schedule of charges.

[Gissie]

Brilliant, thanks. Will crack on with it as soon as the microfiche arrives.

[Gissie]

So far I have only received copies of 3 statements from the past 14 months from Abbey but nothing more. Should I leave it for the 40 days to pass to follow anything up and even then do I threaten to report them to the Financial Ombudsman?

[Gissie]

Copies of all statements and microfiche now received. I sent off my Prelim for £2970 last monday (26th Feb) giving Abbey 7 days to respond (although from what I am reading this is highly unlikey). This morning I got a standard letter with 'How to complain' leaflet from Andrew Manson at Abbey saying I will be contacted within 4 weeks. Not sure if this is the only response I will get from them or if Pam Speed who I wrote to will sent GOGW or even rejection.

I guess I will wait to see if I receive anything next week when the 7 days is up and proceed with a final 14 day warning LBA before I start court action.

[Gissie]

Nothing at all back from Abbey after my LBA. They have until next tuesday (27th) to respond, but in anticipation of them not offering me a full refund (HA!) I was looking at the N1 form. Cutting and pasting from the 'Particulars of Claim' section on this site seems quite straight forward. I just had one question though: At the bottom of the first page, next to 'Defendants name and address' there are 4 boxes:

 

Amount claimed- £

Court Fee- £

Solicitor's Costs- £

Total amount- £

 

Do I need to fill these in as I have already put these in the 'Value' section? If so, under 'Amount Claimed', is this just for the charges or does this include the interest?

[Gissie]

Received Abbey's 'Defence' from the courts today. All standard stuff as stated on other links about "Terms and conditions" etc. Does anyone have a link as to the defence I need to file against them please?

[Michael Browne]

You don't need to reply to their defence. Just wait for a court date.

[Gissie]

Cheers!!

[Gissie]

Well, got my court date from Abbey. June 21st. Been looking at a lot of threads about the court bundle, and I need to get it in this week as I'm going on holiday next week. Think I've got it all sorted exept for one thing - how to present it? How did anyone elso do it? I was thinking about getting 3 A4 ring binders. Does anyone have a different suggestion? Obviously I want it to be presented as professionally as possible.

Cheers