EricTheRed v Abbey

[EricTheRed]

Sorry to be a bit thick about this but do I?

 

1. As I don’t know the exact amount send the DPA letter to the Abbey and when I get the records and then………………

2. When I get a reply from them detailing the charges send the letter and spreadsheet detailing my claim?

[BankFodder]

yes

[EricTheRed]

Thanks I'll keep the forum updated.

[EricTheRed]

I’ve just had to go into my branch and practically beg that they extend my overdraft because THEY have charged me over £600 in charges since January. I told them that the reason I was over £1400 short plus the charges was because I had a dispute with the council and they got an AOE for my council tax which was taken all in one go in January. The Abbey told me that they will appeal to their underwriter to extend my overdraft to cover the charges that they have levied. I went into the bank to cancel my direct debits but when the girl realised I was cancelling their (Abbey) insurances then she came up with this idea of appealing to the underwriter.

[BankFodder]

[Seminole]

You need to think about opening another bank account and having your salary paid in there so that you can get some control back. Abbey speaking to its underwriter is the same thing as Abbey speaking to its reflection in the mirror.

[EricTheRed]

as long as I stay below the Abbey overdraft limit then it should be okay. I can leave it at that and then get another bank account. I don't want to give them any ammunition.

[EricTheRed]

Just a couple of poits though. Won't they submit all this as evidence if I take them to court and use it in their defence? Could n't they claim I was negligent and they have bent over backwards to help me because I mis managed my money?

[richardc]

No The charges are unlawful no matter how poor a money manager you are

[EricTheRed]

This is the final straw. After speaking to Abbey they have told me that has just come back to me and said that they are unwilling to increase my overdraft on a temporary basis. I explained that the reason it was £94.64 was because they have charged me over £600 in charges since 1st January. I’m going to close the account and go elsewhere in the eternal hope that things get better. I’m only afraid now that if all this is logged onto their system that they will call in the overdraft.

[richardc]

Open another elsewhere now. If you want your charges back you should start action in accordance with the Step by Step Guide.

[EricTheRed]

I've started my claim against them, MBNA and Capital One and have done it in accordance with the advice from the forum. I'm sure I'll be succesful but there is always a danger that in my current situation that Abbey will take their bat and ball home and call in the overdraft. If they call in the overdraft when I have a pending action against them would they bring my delinquency into question as part of their defence.

[EricTheRed]

the process from starting a claim to either getting to court or settling the claim taking. I gather from reading that it varies but some indication of what the average is would be helpful.

[BankFodder]

No. It's nothing to do with it.

[EricTheRed]

Thanks. So they would n't even bring it up in respect of my action?

[richardc]

No - it has no relevance to your claim.

[Natasha]

As soon as you wages stop going into the account they will give you one month to pay back your overdraft, so think carefully about your options.

 

How much is your overdraft?

[EricTheRed]

£2600

[BankFodder]

Thanks. So they would n't even bring it up in respect of my action?

They probably will refer to it in their defence but it is not relevant to the issues which you are raising.

[EricTheRed]

So if it went before the DJ would he say that it is not relevant to my claim? And if it's not relevant then surely it's not admissible?

[EricTheRed]

Thanks

[BankFodder]

Not being admissible means that the judge won't hear it or won't consider it when making his decision. It doen't mean that it is not included in the papers.

[EricTheRed]

sorry for being a bit thick here but if it is included in their papers then it is being submitted and therefore would n't it have to pass the admissibility test? Won't the judge look at all the papers?

[BankFodder]

Yes but his head is full of Chinese walls

[EricTheRed]

Chinese walls?????????????