Arnolfini -vs- Abbey

[Arnolfini]

Hi all

 

This is my first post, so please be kind!

 

Well I've been reading through these forums for a while now, and decided to follow everyone else's example and claim my charges back.

 

I got all my statements for the past 5 years (ie since the inception of my account) without any real problem, and ploughed through them to reveal they had charged me a grand total of £973 over that time!

 

I sent them the first request for my money back, and got the standard 'we will respond in the next 4 weeks' letter in return. Then (surprisingly) they sent me a final response within my original 2 week timescale!

 

Unfortunately they have only given me £280 as a 'gesture of goodwill', and have stated that the charges accurately reflect the admin costs associated with bounced direct debits, etc. They have also stated in their letter that the OFT announcement was "in relation to Credit Card default charges and not overdraft default charges or to other products, such as Bank Accounts." Am I mistaken or is this complete BS??

 

So now I'm wondering which rounte to take. Should I send them a letter before action, or just go straight to the small claims court?

 

Also I see that they say in their letter that I can refer my complaint to the Financial Ombudsman Service. Has anyone tried this route instead of going to court? Surely if charges are unlawful, then the FOS would be bound to find in the client's favour, and force the bank to cough up?

 

Cheers

Arn

[Arnolfini]

I just thought I'd give this a little bump...

 

Can anyone offer any advice as to which step it would be best to take next? Also has anyone attempted using the FOS instead of the courts?

 

Cheers

Arn

[Guest louis wu]

Hi,

My own dealings with the FO have been a little frustrating, they seem a little slow. I believe I read a thread a short while ago in the Abbet forum which explained that the FO had intervened and a resolution reached without the need for court action. So it can be done, but if I remember correctly it took a while.

 

As to the other question about going straight to court action....DONT.

 

Stick to the tried and tested method, and send the letter before action, 2 weeks to reply (I assume the letter you have already sent was the preliminary request).

 

There is nothing to stop you approaching this on both fronts (court and FO), you have nothing to lose.

 

Keep us informed and best of luck

[Arnolfini]

Hi

 

Thanks for the pointers... my only doubts about the LBA were that I was under the impression that this was to be sent if the bank had completely ignored your prelim letter.

 

Im my case they haven't ignored it, but have offered me a GOGW payment of £280 (as opposed to my total claim of £973), hence I wasn't sure if a LBA was still the correct next step to take.

 

Maybe if i combine the goodwill rejection letter with the LBA that might fit the bill....

[Guest louis wu]

There is nothing to stop you accepting the GOGW as partial payment, and then continue with the rest (remaining balance) of the claim.

 

This thread by jonni2bad is very helpful

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

At the end of the day, its all the same, because you'll get it all back.

 

Although I am no legal expert, I wouldn't change the LBA, and send that seperate to whatever responce you give to the GOGW, but that is just my personal opinion.

[mariejader]

from reading other posts on here I would also suggest that you check your bank account as they seem to put the GOGW money straight in your account, if you are going for the full amount they I would suggest that you write again and say you are only accepting as part payment.