GB050573 vs Abbey

[gb050573]

I have recently sent off the standard letter asking for a copy of all charges from the last 5 years (essentially from when I opened the account). Like a lot of other users on this forum my bank charges started to escalate as a result of a few bad months which has spiralled out of control, mainly because the charges come off 2 days before my salary date and have been in the region of £200 - £300 per month for some months now. I would have been able to get myself out of the situation fairly easily had it not been for the excessive charges. I called the Indian call centre and did something I almost never do with call centres - lost my temper. That was a few months ago and the woman just could not understand the whole 'vicious circle' situation. I asked her what she would do in a situation where she had to come up with an extra £300 to cover charges when there was nowhere the mone could come from and her answer - she wouldn't occur the charges in the first place. Very helpful. I will keep you posted. I am in Scotland so the situation differs slightly from a court point of view and I will definately be claiming more than £750 so we'll see what happens but I am prepared to take this all the way as I am sick to the back teeth of these people taking my hard earned cash from me and making my already bad situation a million times worse.

G

[richardc]

Welcome and keep us posted.

[Robertxc]

Hello gb050573,

 

Don't worry about being in Scotland for going after Abbey. I'm in Fife and am currently sueing Abbey at the Central London County Court (the nearest County Court to their head office). You won't be able to use the moneyclaim website, which you'll see mentioned a lot on this forum, because you need an English address for service, but you can download the necessary forms from the web very easily. The Clerk of Court is very helpful if you need help on the procedures.

 

Central London County Court

13-14 Park Crescent

London, W1N 4HT

Tel: 020 7917 5000

Fax: 020 7917 5014

[gb050573]

Thanks for the info - it's always useful to know there are others in the same boat - I take it you never got any joy from the initial request for your charges to be refunded and that is why you are proceeding with the court case. Does this mean you would have to travel to London if there is a hearing?

[Robertxc]

Hello,

 

I think it is unlikely that you will ever get them to refund you just by asking. You need to alter the cost/benefit equation for them first. The only reason the they pay up in the face of a court action is that the potential cost to them is far higher than the amount being asked for (i.e. they might set a precedent). The purpose of raising an action is to let them know for sure that you're very serious about wanting your money back, and that they will have to go to court if they don't pay. The cost to your bank, win or lose, of any court action is going to run into thousands of pounds, so they will go a long way to avoid it.

 

I think it is very unlikely that you will have to go to London, but on the other hand, if you do, It will be an interesting experience for you, with little to no financial risk.

[BankFodder]

Make it clear to them in your correspondence that you will ask the court for your reasnable travel expenses if they force you into court and oblige you to travel. Tell then where you ill be travelling from. Put it beyond coubt that they were fully aware.

The if it goes to court and you win, you ask for your travel and you can show the judge your repeated correspondence putting the bank on notice as to your need for travel.

[hlk01]

Hello gb050573,

 

Don't worry about being in Scotland for going after Abbey. I'm in Fife and am currently sueing Abbey at the Central London County Court (the nearest County Court to their head office).

 

Are you suing in England because your contract falls under English Law or beacuse the defender is in England? If the contract was made under Scottish law are you using the English laws to sue - i.e go back 6 years instead of 5 in Scotland and max £5k instead of £750 ? Id so, has anyone confirmed that this can be done ? Thanks

[Robertxc]

I'm suing in England because the Central London County Court is the nearest one to their head office.

[hlk01]

I'm suing in England because the Central London County Court is the nearest one to their head office.

 

Thanks. So are you using 6 years and £5k ? If so this will havew a great deal of imapact on other members who bank with Banks based in England.

[Robertxc]

My claim is for less than 5k, and only goes back about 4 years.

[gb050573]

I received a letter from the Abbey stating that some of the information I would have to pay extra for as it was on microfiche - I think I have enough anyway to proceed with the claim. They replied outwith the 40 day limit and therefore I have lodged a formal complaint with the Commision. I am still waiting on the information they said was 'being sent under separate cover'...but have recently come across all my old bank statements. Tonight I am going to tot up all the charges and write with a claim.

I'll let you know how it goes.

[gb050573]

I raked through all my paperwork and actually managed to find all the statements I needed so the DPA request was actually unnecessary (although I have reported Abbey to the IC as they failed to meet the 40 day target anyway).

I have now totted up all the charges and they come to £1672 which is actually less than I thought but still a fairly substantial figure for 2-3 years of banking, and one particularly bad period. I sent the template letter on 28 April by recorded (signed for) delivery and am now waiting with baited breath for the next installment. I am figuring based on other peoples experiences that I probably won't get any joy with this first request but am full prepared to take the action to court should this become necessary - if that happens I will post either in the Scotland section or the Litigation section.

It seems from the Litigation section that a number of people have actually got their charges back from Abbey. I would like to extend a huge thanks to those people for giving me the inspiration to keep going with this. I obviously want the money back, but ultimately I hope we win the war and not just all these little battles. #Good luck everyone else who's fighting!

[gb050573]

I wrote my letter before action today and will be sending byrecorded, signed for delivery tomorrow. I sent a request for a refund of £1642 on 28th April and they have responded with a standard (give us 4 weeks to investigate etc etc) letter and a handy leaflet which tells me all about their complaints investigation - funny, my initial request specifically asked them NOT to respond with a standard letter or leaflet. So today I have written the letter before action as I don't feel they have responded positively (and have only just made the 14 day mark anyway).

I will keep you posted but am definately going to take this all the way and will raise 4 separate claims via small claims court (in Scotland) if required.

 

MOD NOTE: THREADS MERGED - PLEASE CAN YOU KEEP TO ONE THREAD

[gb050573]

This topic was closed on 03/07/19.

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