Joint claim with seperated wife and own individual claim v Abbey

[chezt]

Thank you Chezt. So a Muffin can be a flickering eyed exerciser? That is what your figure looks like to me.

It's practicing the celebration dance for when get all our money back!!

 

 

The LBA will be more businesslike, and I shall start it mon/tues.

Remember you have to give them 14 days to respond first

[quietzap]

Thank you so very much! ROFLOL!

 

You must be well fit dancing at 7.25 am.

 

Best I get ready early, the Victory Dancing and the LBA . . .

[quietzap]

Abbey

PO Box 1109

Bradford

BD1 5ZJ

 

Date 3/26/07

Dear Sir or Madam,

Re: Acc no ZZZZZZZZ Mrs Quietzap and Mr Quietzap

My Request:

I am writing further to our letter requesting the return of unlawful charges you took from our account, which remains unanswered, though you acknowledged it in your letter to Mrs Quietzap.

I now understand that the regime of fees which you applied to our account in relation to direct debit refusals, exceeding overdraft limits and so forth are and were unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting Mrs Quietzap have a full breakdown of the costs to which you have been put as a result of our breaches, in order to reassure us that your penalties really do reflect your costs.

Additionally, it has been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Since my last letter we have reconsidered our position. Please note that we are adjusting our claim, which now covers the period from 30 10 00 to 03 12 02, and to include compound interest at Abbey’s excess overdraft rate of 28.7% EAR. We are applying this rate of interest to the monies that Abbey has unlawfully deducted from my account over the years, on the principles of implied mutuality and reciprocity, and unjust enrichment.

 

The revised total of the charges, and interest debited as a result of the charges, stands at £920 at 21/03/07, on which we have calculated interest due (to 21/03/07) of £2,687.04, bringing my total owed us to £3,607.04. We enclose a schedule of the figures for your information.

 

Your responsibilities

We would draw your attention to the terms of the contract which you agreed to at the time that we opened our bank account with you. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

We are frankly shocked that you have operated our account in this way as we had always reposed confidence in your integrity and expertise as our fiduciary.

We consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived us into agreeing to pay them.

Your concealment of the true nature of your charges has prevented us from asserting our right until now.

We wish to draw your attention to the fact that we have previously asked you to demonstrate that the bank’s charges are lawful, by providing evidence of the costs to which the bank has been put as a result of our account breaches. We have also previously requested details of any manual intervention on our account. Neither has been forthcoming and, as we understand it, you have denied being able to do so.

Consequently we are of the view that Abbey is unable to demonstrate that its charges are lawful or that there has been manual intervention in relation to the breaches that have occurred and the charges that have resulted.

We do not expect to borrow from the bank free of charge - we fully expect to pay interest and have done so at your unauthorised overdraft rate.

You abused your priviledged position as our fiduciary

It is our considered view that Abbey, as a multinational corporation of very high standing and repute in the business and banking world, with the benefits of accounting expertise, in-house lawyers and/or access to top legal experts, owes a duty of care to its customers, in relation to ensuring that it is trading lawfully; and has therefore always had the resources to know that its charges were and are unreasonable, punitive in nature and therefore unlawful.

 

What we require

Kindly remit £3,607.04 forthwith by cheque or direct into Mrs Jarrett’s Abbey Account (ZZZZZZZZ) as interest accrues daily. If she has not received this sum within 14 days we shall give 7 days notice of our intention to bring this matter to court.

 

Sincerely yours,

 

Quietzap

 

Mrs Quietzap

 

Above is the similar Joint Acc letter which will go to my wife to send off.

 

I have been tempted to use your machine gun giff as a letter heading, Bill, but have resisted temptation.

 

Not all Bank Employees, even shAbbey ones, are inhuman deceivers, and courtesy won't be a disadvantage. If they try to bully me/us I shall stand up to them of course.

[quietzap]

The claim on this letter goes back more than 6 years from now, only a little, I have left it open at this stage for shAbbey to challenge that, to which I can make the standard response.

 

I suppose I shall have to put my justification in my LBA?

[bill-k]

I have been tempted to use your machine gun giff as a letter heading, Bill, but have resisted temptation.

LOL - Well resisted !!

Not all Bank Employees, even shAbbey ones, are inhuman deceivers, and courtesy won't be a disadvantage. If they try to bully me/us I shall stand up to them of course.

I fully agree - we have no personal dislike of these people unless/until they give us good reason to. Be firm, but courteous.

The claim on this letter goes back more than 6 years from now, only a little, I have left it open at this stage for shAbbey to challenge that, to which I can make the standard response.

I suppose I shall have to put my justification in my LBA?

If they do, then I think that just saying that LA s.32 applies will suffice in the LBA.

 

JMVHO of course.

PS - that date typo's still there - fix it !!!

[quietzap]

Thanks Bill, have and done on the copy on the Mac for printing too. (As I did with the other one, but forgot to save the change before copying it to do this one).

[charleyfarley]

QZ,

 

Did you get my pm?

[quietzap]

Bill - I used the machine gun gif on an envelope in the end . . late birthday card, getting my retaliation in first . . .

 

Nephew aged 12 prob reply in kind.

[quietzap]

QZ,

 

Did you get my pm?

 

Just looked, thanks Charley.

[quietzap]

There certainly has not been any overdraft facility on my sole account.

 

BUT I think there was on the joint account at times, it was converted into a loan at least once I think. Does this make any difference to the interest element on that Joint claim?

 

shAbbey certainly ripped us off re the final fee on the mortgage, and also insurance on the loan I am thinking of. I suppose I should start a new thread for these? or one for each?

 

Best I look into it all, we both need the money.

[bill-k]

shAbbey certainly ripped us off re the final fee on the mortgage, and also insurance on the loan I am thinking of. I suppose I should start a new thread for these? or one for each?

Best I look into it all, we both need the money.

I think that would be worth doing, QZ. If you took out a loan to pay off part or all of an overdraft which included penalties and interest on them, than that is worth considering claiming on.

 

PPI on that loan (or any others) - likewise, methinks.

 

Mortgage ERC or Exit fee. Now, that's a possibility, but has become a minefield lately, I believe. Still worth looking into, I'd say, but needs more focussed advice than I can give you. Willow, or some of the others here may have views on this.

[quietzap]

Hi! Does anyone know about mortgage exit fees?

 

I wonder where there is stuff on this (I am not good at getting around the site) and in particular a standard letter known to work, ideally with shAbbey.

 

Willowb - I am told you are an expert!

 

Thanks for any help, anyone, and Good Luck!

[chezt]

This is a good link to save ...

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

[quietzap]

Thanks Chezt.

 

Visiting a PC - Microsoft Internet Explorer friend and your Muffin looks a lot better, more muffinny really . . .

[chezt]

Thanks Chezt.

 

Visiting a PC - Microsoft Internet Explorer friend and your Muffin looks a lot better, more muffinny really . . .

 

More muffinny eh! The mind doth boggle!

[quietzap]

The boggling would account for the dance practice for our victories, or ants perpants?

[quietzap]

I have started a second thread re Joint claims v Barclays http://www.consumeractiongroup.co.uk/forum/barclays-bank/77502-quietzap-mrs-quietzap-barclays.html

 

The principal rip-off there was when they tried to disposses us of our home.

 

I shall use this thread for all Abbey claims, until and unless there is confusion between any of them.

 

Ha! The world awaits . ! . ! !!!

[quietzap]

Chezt - is your muffin available to play for England?

[chezt]

Chezt - is your muffin available to play for England?

 

Superstrikermuffintastic!

 

Watch this space mate .... (I think my muffin on it's own would fair better than the whole team ATM!)

[quietzap]

Quite possibly, though Andorra not good opponents for anything but the hardest Muffinnette mind, I know you wouldn't want her to become crumby under pressure . . .

[quietzap]

Abbey's Andrew Nanson, Business Manager, of the Banking Specialist Team, has - what a delight! - "replied", presumably to my preliminary letter re my Sole Acc (inc 28.7% compound interest) with their standard letter promising to write again in 4 weeks if not before and enclosing a leaflet "How to Complain".

[chezt]

Quite possibly, though Andorra not good opponents for anything but the hardest Muffinnette mind, I know you wouldn't want her to become crumby under pressure . . .

Is your real name Steve MacLaren?

 

Abbey's Andrew Nanson, Business Manager, of the Banking Specialist Team, has - what a delight! - "replied", presumably to my preliminary letter re my Sole Acc (inc 28.7% compound interest) with their standard letter promising to write again in 4 weeks if not before and enclosing a leaflet "How to Complain".

Don't ya just luv 'em!

[quietzap]

Shuspect shAbbey provide part of the Andorran team, pity they don't concentrate on sending me my money back, rather than fouling our brave English lads and Muffinnettes . . .

 

Pass the medication, please noice nuirse . . . Is this the absinthe?

 

Why has the room turned green again?

[quietzap]

Absinthe (hypothetical) wore off, overwork and underpay haven't.

 

BUT I must write the LBAs this weekend, (about a fortnight late).

[beetlejuice]

Just want to keep an eye on this one

 

BJ