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Cherry Leigh vrs Abbey


Cherry Leigh
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Hello to everyone, this is my ist time post so basically just wanted to say hello. I am trying to redeem moneys from The Abbey of £1530.50. I have sent my 1st letter & received a response saying they would look into it (at no cost to me lol) & reply in 4 weeks? The 14 days are up as of today so am just prepairing my LBA. I am ready to go to court should I have to but am petrified I dont really know what im talking about, the jargon & legislations just confuse me so much - can someone act on your bahalf in Court, who knows how to word things & knows with out a doubt what they mean?

 

Any help now or in the future would be much appreciated.

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Hi Cherry,

 

And welcome aboard.

The chances of you being the one to go to court are extreemly slim, so don't panic, read as much as you can and in particular the success stories for Abbey.

Here are a couple of links and i suggest you always keep them to hand.

 

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html

 

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

When you are comfortable start a thread "XXXX v Bank Name here" in the relavent bank forum as then people with specific experience of this bank can offer support and advice.

 

There is a lot of information to take in here so if unsure it is allways best to Ask first.

 

If you need a quick answer to a question you could always try the chatroom as there are usually some very helpful people in there.

 

Very best of luck

 

BB

Any advise offered is my own opinion, and if in doubt, always seek clarification.

If you found it helpful or useful please click the scales on the left.

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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Hi Cherry.

 

Yes, you can nominate someone to represent you, but you can do this yourself.

Spend a few days reading the FAQs and the step by step guide in the library section. That will answer most of your initial questions.

 

Start your own "battle-thread" in the Abbey Bank Forum and post any questions and progress reports there.

The chances that you will have to stand up in court are very small. Most of the claim will be dealt with on paper. There are loads of letter templates in the bank templates library and if non of those fit the bill then there is enough knowledge on this site to produce one that will.

Just follow the well-tried and tested route that we suggest and you WILL get your charges back. Remember that there is over 123,000 other members who are all behind you.

Be you not afeared fair lass! You CAN do it and you WILL do it and it will give you the biggest buzz that you can imagine.

 

Finally, is Cherry Leigh your real name? If it is, then we recommend that you change it to a name that cannot identify you to the banks, who we know regularly read these forums. If you want it changed, just send me a PM with the name you want and I'll organise it for you.

 

Good luck.

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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Big thanks to Rooster & Bitingback for thier replys to my first time in the forum. I will type up a quick sumery of my process with the Abbey to try help others & to hopefully get some advice my self.

 

Thanks for now.

 

(ps. Checking this is going to work 1st - lol)

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Thanks for getting back to me, I really appreciate both of your help but I am having a little trouble trying to get into the thread I think" I have created & the chat room ( i cant seem to type anything, can just only read what others are saying). Can you help with this so I can get on. Cherry is not my real name & I have found the links you sent really usefull. Thanks again & look forward to getting to know my way around this forum.

 

Cherry

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Hi Cherry,

 

If you follow this link it will get you to your thread

 

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/73508-cherry-leigh-abbey-national.html

 

Regards

 

BB

 

 

 

Any advice offered is my own opinion and if in doubt I would always recommend getting a second opinion.

If you find it useful or helpful please tip my scales.

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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Hi Cherry,

 

Its in the right place now.

 

Will keeep an eye on it, you should be notified of this reply by e-mail and you can allways check you threads by hitting the "user CP" at the top of the page.

 

Good luck again

 

BB

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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Hello to everyone out there, hope all is well and you're getting what you want when you want it with the banks!

 

I have started the ball rolling with Barclays bank. I have over £3200 worth of charges which I am claiming for. I have sent them a LBA giving the 14 days notice (posted on the 9th March) and have been doing alot of reading of FAQS, threads, posts and other stuff within the CAG site, plus the small claims guide by Patricia Pearl.

 

Very helpful indeed.

 

I see from the comments posted that Barclays are a tough nut to crack, not that Im going to be put off by this though.

 

Im prepared to see them all the way to the court if thats how things end up.

 

Lastly, I heard somewhere that this year is apparantly the last year anyone has got the opportunity to reclaim their bank charges back, is this true?

 

If there is a mention of this on this site I haven't seen it yet, but I will keep reading through.:)

 

Goodnight all, and see you again in your pursuits very soon!

 

Hedgerow.

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Hi Cherry.

 

In the chat-room, immediately below the main text window (where you can read the other user's posts) you will find the text input window (long, thin one). Click your mouse in that box and it will drop the cursor there. You can then type what you want to say, then hit . That will transfer your text into the main window so that others can read it.

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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Hi Hedgerow.

 

Lastly, I heard somewhere that this year is apparantly the last year anyone has got the opportunity to reclaim their bank charges back, is this true?

Absolutely UNTRUE!

The following is a post on the subject by Bookworm......

In the "Tonight" programme a few days ago, Martin Lewis announced his belief that the OFT "cap" would be set at £12-£15 and that the banks would then only refund the difference between that amount and the amount people were charged. This opinion created a panic amongst reclaimers, thinking that they were about to lose a large chunk of their money if they didn't rush to claim now.

 

This needs a few clarifications:

 

First, this is Martin's opinion. It is not based in law, or insider knowledge. He may be a well known journalist, but it is still only his personal opinion, speculation if you will.

 

The facts are these:

 

a) The OFT is a regulatory body, they do not make law. The only way the law can be changed is through an Act of Parliament.

 

b) The OFT, when they announce the results of their enquiry on bank charges, will only be announcing a level at which they themselves will take legal action against the banks. It is not a cap!!!

 

In their credit cards report of April 5th, 2006, they clearly stated that they could not declare what was a fair or lawful charge, only the courts could decide on this. Furthermore, the OFT also declared at the time that consumers who felt that they had been charged unfairly should go through the legal system to reclaim their charges. There is no reason to suspect that their stance will not be identical this time.

 

c) The law on penalties is well entrenched in contract law. Even if a bank tries to tell you after the OFT announcement that they will only refund the difference between the "cap" (It's NOT a cap!) and what you were charged originally, (leaving aside the fact that such a decision couldn't apply retrospectively anyway ), well, they also told you their charges were lawful, fair and transparent, and did you believe them? Why should you believe them now?

 

d) Bottom line is this: If the bank try to say that they'll only refund you the difference, carry on with your claim. They will still have to convince a judge that what they are charging is lawful, which means they would still have to disclose how those costs are calculated, and they still won't want/be able to do that.

 

Conclusion: Ignore the sensationalism, stick to the facts, and you can't go very wrong. In other words, business as usual, OFT or no OFT report.

 

I hope this helps setting a few minds at rest. :-)

 

If you want to read the whole thread, you can find it here.....

 

http://www.consumeractiongroup.co.uk/forum/general/70359-about-oft-impending-report.html

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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Threads merged, title changed and moved to Abbey forum.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Cherry,

 

Just wanted to say welcome and to wish you the best of luck - not that you'll need luck - everyone is so helpful and any problems get responses very quickly.

 

Have a quick look in teh Abbey successes forum to get an idea of how successful other Abbey customers have been ...

 

Oh and make Karnevil's acquaintance, she's somewhat of a guru on all things Abbey and a regular good egg....

 

 

Will watch with anticipation

 

 

Elle

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  • 4 weeks later...

Hey all, Im just about to send my N1 form telling the Abbey that Im taking them to court now but have just noticed they have credited my account with £370 - I am claiming £1,531.00. Not sure what to do, Im not happy to take it as hush money. Should I contact the bank or tell the court in my N1 form ??. Any advice appreciated.

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Hi Cherry,

 

Best course would br to inform Abbey that you are accepting this as part payment and will file the claim for the balance (best to give them 7 days), and amment the schedule of charges that you are filing with the N1 to reflect the GOGW.

 

Check and see if part of the GOGW was for charges to be taken this month as they would not have been on the schedule anyway.

 

Then when the 7 days are up file the N1.

 

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

 

Have a look at Letter 2

 

Cheers

 

BB

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

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Thanks for responding earlier BB, just an update.

 

Came home to no letter of explanation for 370.00 refund in my account (that is of 1,531.00 claiming) full & final settlement etc bla bla! So I rang the Abbey in India I think & spoke with Sabista who was obviously being coached through the whole conversation as after each question I was put on silent button. I asked why the money was there, she said "it was refunds for overpaid charges made against me" so I asked if I was getting the rest of the money that was owed to me, she said "she didnt know" I said she was a repersentative of the bank so should know or at least find out what is happening with my account, she said "I would be getting the rest of the money owed to me", I asked when? She didnt know! I asked "this month or next month" she said "no this month, I would receive the full amount owed to me".

 

I know I should have asked for this in writing but I didnt & no longer had I put the phone down I thought that she was probaby giving me just a stalling tactic as there was no way I could prove what she said.

 

So... deep breath what to do now?

 

1. Wait for letter explaining part refund then give them 7 days for reply to full amount

2. Wait for full refund into account

3. Send N1 form as this is due today

4. ???????

 

Any advice would be great & sorry for going on but want to share for any one else who has the simular happen to them - all information helps Im hoping? :)

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So... deep breath what to do now?

 

1. Wait for letter explaining part refund then give them 7 days for reply to full amount

2. Wait for full refund into account

3. Send N1 form as this is due today

4. ???????

 

I think

Option 3 is the best bet. there not going to pay the rest untill you show them a fight.

Thanks lillboy

 

 

 

Bogus Charges £499.00 LBA 1/06/06

Refund of £299.00 now sent Data Protection Act:)

 

GE Capital NEXT

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Yeah I agree! Ill wait for ever to see the rest just appear in my account, I think by sending the N1 form they willl know I mean it & hopefully pay up the rest? If I send the court cost off though, with the N1, will I get that back if they just credit my account again?

 

I should be receiving some sort of letter surley?

 

Thanks lillboy & any one elses 2 pennys worth.

 

Chery leigh;)

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If the time has passed that you stated in you lba then they have forced you to take them to court. You then demand this back as part of your settlement.

Keep to your timescales it your claim so your rules apply. your the one that in charge for a change. Keep at them.

I would not ring them again i would keep all my communication written as you may need it to prove you have given them time to settle out of court.

Thanks lillboy

 

 

 

Bogus Charges £499.00 LBA 1/06/06

Refund of £299.00 now sent Data Protection Act:)

 

GE Capital NEXT

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hiya kia here keep with the schedule everyones had these gestures of goodwill and as far as i can see there just another stalling tactic as you will probably get used with the scabby but just try and stick with the timetables thats the best bet xxkia

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Be aware the as they have sent you a letter saying "full and final" settlement you need to communicate your rejection of this term to the bank. You will accept the funds they have paid as partial settlement and will require the rest ot be paid.

 

Send a letter to abbey explaining this and hold of on filing the N1 till you have sent this. ( It will only be a week, and that will be 7 days more interest ), Then file the claim, by responding to the GOGW this way you are showing a reasoned and confident response, allowing them to settle the claim in full.

 

You need to change you Schedule of charges to show the payment that has been made.

 

Best of luck

 

BB

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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  • 2 weeks later...

Hi all, so I gave the Abbey 7 day to refund full amount, to which I received a leter from them that was identical to the 1st ever letter I received "Sorry you had to complain, will look into it, will take 4 weeks" etc etc. So Monday I will be sending my N1 form in.

 

Can some one just be clear with me as to what to send & who to?

 

1. N1 Form to Court with list of charges & fee

Q's. Do I send any thing to the Bank telling them of what Ive done?

The forum says take 3 photo copys?

Does the Court then get in touch with myself & the bank, how

long should I wait for a reply from either?

 

Sorry about all the Q's but I was'nt very clear what the procedure was.

Would be very grateful for any advice and as always will keep any other Abbey fans up to date.

 

Cherry :)

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