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Akaysha V Abbey


Akaysha
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I sent dpa request to abbey with cheque for £10 on the 14th May and I don't exceed my overdraft facility but i have received the following letter, is this a standard threat?

 

Dear XXXXX

 

We've noticed that you're having problems with your Abbey current account and wondered if we can help?

 

Call 0845 600 1659

 

We're happy to discuss any concerns you have, or run through your options if you've had a change in circumstances. Just give us a call on the above phone number or visit your local branch.

 

If things stay the same, we may have to withdraw your overdraft. Of course, if this is necessary, we'll let you know in advance.

 

Yours sincerely,

 

Cathy Robertson

Head of Customer Service, Banking

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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I suppose if you are within your overdraft limit, and they are saying they are going to withdraw it, then to me it sounds like a threat, in the light that they will have received your DPA.

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Whats the date on the Abbey Letter??? It might have crossed over.

 

Do you still get money paid regularly into Abbey.

 

If these aren't the reasons I would ring them and play bloody hell as to why they are considering removing the overdraft when the circumstances have not changed.

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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The date just says May 2006, but if you think i should call them then i will, thanks for everyones help. It is greatly appreciated.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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  • 3 weeks later...

Help

 

 

 

MODERATED please keep to the one thread for each claim

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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help how ? what is the problem ?

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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What address do i send the prelim letter to, would it be their head office in London?

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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send it to the name and address you got the reply from

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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I can't send it to Pam Speed at Bradford? Because i want to send it registered post and i only have a po box address.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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Sorry never realised your reply was from a PO box .. yes send it to head office in London

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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You can send a registered letter to a PO Box, also Recorded Signed For letters. I sent my LBA to Abbey at Milton Keynes who use a PO Box number and this is the biggest office Abbey have in the UK.

 

Janey

Do you have a website? Add the following code to add a link to The Consumer Action Group:

 

http://www.consumeractiongroup.co.uk

The Consumer Action Group

Reclaim your rights as a consumer and reclaim your unfair bank charges! Free site with letter templates and helpful forum.

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Sorry for delay in answering but i was away due to work reasons.

 

I eventually sent it registered to London Head Office, i now await their response.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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  • 2 weeks later...

Have received this letter through the post, can someone help me by directing me in how to respond or how to adapt the LBA etc, please help

 

 

Dear XXXXX

 

Thank you for your recent letter, which was passed to myself to investigate. Please accept my apologies for the delay in my response and allow me to take this opportunity to thank you for patience.

 

I am sorry we have given you cause to complain in relation to charges incurred on your Abbey Current Account, XXXXX XXXX.

 

I have carefully considered the pints you have raised, namely that you feel the charges are contrary to the Unfair Terms in Consumer Regulations 1999. The fact remains however that the charges in question were prompted by payment requests against insufficent available funds. As such, they are valid and in line with our Terms and Conditions. Furthermore, having reviewed the history of your account, i can see this is not the first time you have incurred charges.

 

I note you say you are unhappy with the charges you have incurred over the last six years. If you felt at any time the charges were unfair or incorrect, then the matter should have been raised at the time.

 

We do not feel that Abbey's charges are unfair under these regulations. When you opened the account with Abbey, you were provided with Terms and Conditions that detailed the charges that become applicable should you breach the terms of the account. Abbey is up front and transparent about all its banking charges as set out in the tariff of charges.

 

Abbey's Current Account is good value and our charges compare fairly with other Banks. For most people, banking is free and they do not incur charges.

 

If the complaint escalates into a claim in the County Court, we will review each case individually, and if we feel that our relationship with our customer has broken down completely, we may decide to give notice to close the account under the Terms and Conditions.

 

I accept that you did not set out to incur charges. Ultimately however, it is your responsibility to monitor your account and ensure there are sufficient funds in your account at all times. As such and given the above, I do not feel that a waiver of charges is justified. The charges in question therefore stand.

 

Should you be dissatisfied with the outcome of our investigation, I would like to remind you that you can refer your complaint to the Financial Ombudsman Service. I enclose a booklet explaining how to take your complaint to the Financial Ombudsman Service, and should you wish to do so, there is a time limit of six months from the date of this letter.

 

Yours sincerely

 

Kirsty Goodson

Customer Resolution Manager

Complaints

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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I agree.

Stick to YOUR timetable. They will try to confuse you at every step.

 

Good luck

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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Firstly thanks for the quick response and in the LBA do i just delete the line that says they haven't responded?

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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You could do that or you could indicate that the response you have received is a standard reply and not personalised to your situation.

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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LBA sent recorded delivery on 24th June 06

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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  • 2 weeks later...

It is now the 6th and i have still had no further response from Abbey since sending the LBA, do i still go and file a claim on the 8th and what do i write i'm really worried as i have never been to court and i am afraid that my incompetence will blunder my claim.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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Bump!

 

HELP ME MODS PLEASE!!!!

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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Akaysha

 

below is a link to the FAQ's it is full of excellent advice and also the order and reason that you must do things, hope this helps and good luck, it is frightening but dont let the bastids intimidate you , whose money is it???

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/243-step-step-instructions.html

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Ok stuck, didn't take me long to get stuck.

 

Does or will your claim include any issues under the Human Rights Act 1998?

Yes No

 

 

Do you want to reserve the right to claim interest?

Yes No

 

Also how do i incorporate the amount i'm claiming, i have used the text from here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/634-guide-notes-completing-moneyclaim.html

 

but i don't understand this bit 'Do the s.69 county courts act interest statement plus calculate that on the lot incouding on their interest that they have deducted from you'

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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Does or will your claim include any issues under the Human Rights Act 1998?

Yes No

No

Do you want to reserve the right to claim interest?

Yes No

Yes

 

Particulars of claim: This may need tweaking to fit

 

Claimant has account (A/C No) with Defendant from (Date of opening a/c)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of first charge) to (Date you submit claim) of (£0.00) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p This is the amount you're claiming multiplied by 0.0022).

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(£0.00p This is the amount you're claiming multiplied by 0.0022).

 

What do i put in this area?

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Preliminary letter sent 08/06/06 for £2914 plus £209.36 interest charges = total £3123.36

 

LBA sent 24/06/06

 

Claim Filed 08/07/06 for a total of £3755.76

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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Start your own new thread

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