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Mazamarie vs Abbey


mazamarie
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HI there,

 

Time I started a thread I think so here goes

 

I sent the preliminary letter on Tuesday claiming back all the shAbbey cheats charges (also signed the government petition).

 

I decided to try filling in their website complaint form to see what they did about it????

 

Heres what I said

 

To the customer complaints department - Abbey plc

I sent a letter this Tuesday 20/02/2007 to Banking Services, Abbey Plc, PO Box 1109, Bradford. BD1 5ZL requesting full refund of the excessive and illegal charges levied against my account since it was opened.

Please confirm receipt of the letter forthwith.

I have enclosed a spreadsheet detailing the charges less any refunds I have received which makes my total claim £779.00. You have 14 days to respond then I will send you a Letter before taking up Action via the County Court which you then have another 14 days to respond to before I make complete my court claim.

I am well within my rights to take this action and I will have the backing of the Consumer Action Group throughout the process.

I will only accept a full refund so any payments made as a Gesture of Good Will will be deducted from the amount I am claiming.

Yours truly

----should I now give them a call as well to ask if they have received my letter? Also probably should have sent recorded/signed for and only sent via 1st class - should I send it again?

 

Mazza

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Hi Mazza

 

I don't think it matters whether you send letters first class or signed for, the responses from Abbey seem to be the same/similar for all! The advantage of sending the letters 'signed for' means that they can't deny having received them as you have access to proof of delivery.

 

 

:) KnellyK:)

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Hi Mazza

 

I would suggest sending all your letters via recorded delivery. For a standard letter it notmally costs about £1.

 

Rememeber the 14 days starts from when you sent the letter.

 

In most cases you will get a letter saying we are sorry you are not happy, but no your not getting your money back bla de bla. File that letter and send your LBA.

 

I also sent my schedule of charges with LBA aswell. That way if a different person receives your letter they have evidence aswell.

 

Lee

 

---------------------------------------------------------------------

Claims Won

Lloyds Settled in full £1700 21/02/07

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Hi all,

I received a standard - fob off letter today "I am sorry that you have been so unhappy that you have felt you must complain" - condescending arnt they! Will write in 4 weeks - do they not read customers letters?

I decided I would respond to that one to let them know I mean buisness..

Mr Andrew Nanson

Buisness Manager

Banking Specialist Team

PO Box 5885

Milton Keynes

MK10 1FA

Request for repayment of charges – follow up letter

In reply to your standard letter & leaflet sent in response to my letter requesting reimbursement of the illegal charges of £779.00 you have taken from my account since I opened it in August 2004.

The standard letter you sent is just a stalling tactic and I will not accept payment of the £779.00 into my Abbey account and I request a cheque to be sent to me In my name via a signed for and secure postage method.

I would like to make you aware that if I do not receive full reimbursement I will file a small claim with the County Court which will include statutory interest charged at 8% APR and also I will charge for my time in persuing my claim at £9.00 per hour and for any reasonable expenses.

I am sure that your organisation would rather just pay the full amount I am owed rather than having to go to the further expense of paying court fees, interest, and the other costs I have listed.

As stated in my first letter you have two weeks to reply to me from the date of that letter accepting, unconditionally, my request in principal and letting me know a date by which I will receive payment.

I enclose a copy of my first letter and again I state that I am aware of my right to claim back these unlawful and unfair penalty charges.

I will be in constant liaison with the Consumer Action Group throughout this process until I receive a full reimbursement.

Yours sincerely

 

So what you think?;)

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Hi mazza, i would agree with the comments made before, its best to send letters via recorded delivery that way you can monitor receipt of your letters. The 40,14days should start from the date of receipt of your letters and as a signature is needed before delivery, you won't get the "we didn't get it" excuse. You can also check the date it was signed on the royalmail website.

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Guest louis wu

Hi Mazamarie,

 

the letter you sent them is fine, just dont expect any success from it. In many ways the banks way of 'dealing' with us is standard.

 

Stall, stall and stall again. Then when its all said and done, and provided its all been done right, offer a goodwill gesture.

 

Finally, if you persevere, total capitulation and full refund.

 

There is no problem sending your own letters, but make sure you don't lose sight of the basics.

 

As already stated, stick to your deadlines, send the correct letters from the template (amended f necessary to fit your own case), in the correct order, and wait.

 

Any problems, post a question and we will all help.

 

Best of luck

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Thanks All 4 great advice

 

I will send this follow up letter with a copy of the first letter and the schedule enclosed with it by recorded delivery then I will have more proof...

 

What do you think about my second letter I felt that I would rather write and have written proof of what I have said than argue with some laccy on the phone.

 

mazza

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Hi mazza,

 

I think that your follow up letter is great. However i do agree with louis wu that you should send the template letters in the correct order so that we are all following the same route and can pass on advice based on the same format.

 

I would see what comes from second letter, proberly another fob off letter, but would then send the template letter 'LBA - Letter Before Action'

 

If you then get a fob off letter from this one you can start with the small claims process

 

Your doing great so far

 

Lee

 

---------------------------------------------------------------------

 

Claims Won

 

Lloyds Settled in full £1700 21/02/07

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  • 2 weeks later...

Hi all,

 

Sent my letter requesting repayment of all charges £779.00 only and a spreadsheet detailing them not showing interest.

 

Now its time to send my LBA but it seems that whenever I have gone overdrawn and been charged the interest has been on the amount I'm overdrawn and I cant particularly tie it up to the charges.

 

So now what - how should I word the bit of the letter detailing charges and interest. I have completed the simple spreadsheet for interest calculation at 8%, does the full spreadsheet need to go with the Lba SHOWING THE INTEREST. How do I say that I am charging the 8%?

 

Confused and need to get LBA off asap as is past 14 days now.

 

Maz

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Maz, there are basically two choices and a twist :

  • reclaim the overdraft interest they (wrongly) levied as a direct result of the (unlawful) charges. There are spreadsheets on here which will help you (one is called "complex", and Mindzai shared the one he used). But separating out the interest on the charges from the rest of your overdraft involves entering the account balance at the time of every charge. So if you've got hundreds, it's going to take ages and will need to be double & triple checked. OR
  • you can just claim 8%pa interest from the date of each charge to the date of settlement. Much simpler, but much less money (and don't add this until N1)
  • the twist is that there is even a sound legal basis for reclaiming the overdraft interest then claiming 8% interest on top (because the 8% is the Court's way of recompensing you for being deprived of the money which in this case is made up of both the unlawful charges and the overdraft interest they wrongly levied).

Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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Thanks 4 your help

 

So its just the basic spreadsheet with the LBA, but I've read that If I dont include the interest they have charged me I wont be taken seriously?

 

As far as I can see the interest that could actually be allocated to their penalty charges is negligable as I have had other items cleared, further charges and gone deeper over the limit.

 

Do I really have to include the interest? Should I put all interest debited into the spreadsheet?

 

"once they charged me £380 in the space of a week for clearing dd's for paypal transactions - they list all the paypal transactions seperately but under the same transaction number so even if they are only for a couple of quid £20 & £30 (now £35) are charged for each one....

 

maz

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Thanks 4 your help

 

So its just the basic spreadsheet with the LBA, but I've read that If I dont include the interest they have charged me I wont be taken seriously? I don't think that's right. I don't reckon that they take anyone seriously until they see a Court bundle, interest or no interest. They hope they'll give up or take the GOGW or 50% offer.

 

As far as I can see the interest that could actually be allocated to their penalty charges is negligable as I have had other items cleared, further charges and gone deeper over the limit. It depends what you mean by negligible. But it sounds, though, like you're happy just to reclaim the charges plus 8% Statutory interest.

 

Do I really have to include the interest? Should I put all interest debited into the spreadsheet? See above

 

"once they charged me £380 in the space of a week for clearing dd's for paypal transactions - they list all the paypal transactions seperately but under the same transaction number so even if they are only for a couple of quid £20 & £30 (now £35) are charged for each one.... Just list on your spreadsheet the charges as they appeared on your statement.

 

maz

 

All of which suggests, in your case, that you should just attach to the LBA the list of charges, and then on the N1 court claim add 8% Statutory interest to each one. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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Thanks Mad Nick,

 

That just cleared everything up for me appart from one point? Why does the LBA include interest if I am not supposed to included the interest until filing the N1.

 

Your right Nick - I am happy to just claim 8% so should I just reword that paragraph of the LBA to say that I will claim the 8% Statutory Interest + any expenses and court fees if they insist on taking the claim to court by not settling in full within 14 days?

 

Regards

Maz

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Thanks Mad Nick,

 

That just cleared everything up for me appart from one point? Why does the LBA include interest if I am not supposed to included the interest until filing the N1.

 

Regards

Maz

 

it is for thoose who decide to charge the interest that was applied to the charges weather the figure used was to idividual charges or the total amount of interest charged each month where charges were made.

it is to each claimiant to decide what they are comfortable with to claim for and i think mad nick has pointed you in the right direction

 

Remeber the letters are just that a template that will need amending for each cliament to reflect their own case and situation :)

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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  • 2 weeks later...

Hi all,

 

My first post on my VS thread...

 

Well I sent (in duplicate) my LBA last Tuesday 1st Class Recorded. Thanks to everyone who helped with the questions I had..

 

I received a letter dated 20th March 2007 yesterday Wednesday 21st March - Not from Pam Speed whom I addressed LBA to or from Andrew Nanson (who I received my reply to request for refund letter from so therefore sent a copy to him too)

 

Letter received from Richard Harris - Head of Complaints

Abbey

PO Box 5129

Milton Keynes

MK9 2YN

 

Dear Miss .....

 

I have just received details of your complaint and I am sorry to hear that we have not yet been able to resolve your concerns. One of my team will look at all the relevant facts, review any paperwork and talk to the people involved, so that they fully understand the problem.

 

I know it is important to you that we resolve your complaint quickly. However, we want to do a thorough investigation and this can take some time. we will investigate your concern fully and reply to you within four weeks.

 

Although I don not know what the outcome will be, I do hope that we will be able to find a solution that you are happy with

 

Yours sincerely

 

 

Bet someone else has one just like it....

 

Anyway I checked my account this morning and £20 & £30 in "miscellaneous fees" have been credited to my account..;) wow arn't they generous!:lol:

 

But dont worry guys I wont be accepting that as a settlement - I just need to find a good template the letter.

 

I need to be telling them thankyou for the refund but I will be continuing the claim and they now have X days to respond with a full refund or I will take county court action.. Right?

 

I take it that I knock these refunded fees off the most recent charges I received in January on my spreadsheet.

 

Should I now give them until 14 days from my receipt of the above letter or 14 days from the date I sent the LBA? #

 

maz

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Also what next I need to do some serious reading up for submitting my claim with the court - whats the best way the web claim or directly via court....

 

Anyone from East Lancs with info re our local County Court? (I live in Colne)

 

Thanks

 

maz

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Thanks sparkydawg

 

Ive copied letter 4 - going to work now so will re jigg it a bit as the money was just credited to my account without any mention of it in the letter....

 

Any ideas greatfully accepted..

 

maz

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Also what next I need to do some serious reading up for submitting my claim with the court - whats the best way the web claim or directly via court....

 

Anyone from East Lancs with info re our local County Court? (I live in Colne)

 

Thanks

 

maz

 

 

Hi maz,

 

You pays your money and you takes your choice between N1 and MCOL.

I did N1 for a couple of reasons. My parachute account only let me have an electron card so it wouldn't work online so I paid by cheque. It was also very satisfying to get a very official looking document with claim number and stamp. It really felt like I'd started something (sad ). Finally, you can physically attach your spreadsheet of charges with the N1 which you can't with MCOL.

 

I'm sure people will give you differing advice re the MCOL.

 

 

 

Ps The only thing I know about East Lancs is the road!

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Came home today and another letter has turned up from shhhAbbey

 

Looks pretty standard I think saying they have carried out a full investigation :confused: and as a gesture of good will they are happy to refund £50 and that my account will be updated within the next 10 days...

 

Appreciate my feelings on the matter but Office of Fair Trading announcement was concerning default charges set at more than £12 in relation to Credit Card default and not overdraft default! :-x pull the other one...

 

Oh and as for the breakdown of how their charges are apportioned Abbey say they are not obliged to provide the specific information I have asked for etc etc -

 

These letters are really condescending and I cant wait to reply to it...

 

I'm off now to do a bit of jigging with the refusal of settlement letters..

 

Good Luck Everyone

 

All Ideas as always greatly appreciated peeps

 

maz

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Oh HELP - - Just wondering who should I send the refusal letter to? The letter that came today was from Gerry Kane, Senior Customer Resolution manager but asks that I address any future correspondence to Complaints...Abbey....

 

I sent my LBA to Pam Speed and also to Andrew Nanson, Buisness Manager, Banking Specialist Team PO Box 5885 Milton Keynes as he repliead to my first letter requesting refund...

 

Just wondering should I just send my response directly to this Gerry Kane person or continue contact with Andrew Nanson----

 

Anyone know who's best to deal with?:confused:

 

maz

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Hi Mazza,

 

Dont worry. Just send the refusal letter to the address that Gerry Kane specifys.

 

Simply say thanks but no thanks and i will be processing my money claim on line in ... days if you dont pay. Or something along those line. I'm sure you have the right template letter to send for that one :)

 

Stick to your dead lines. Your sueing them not the other way round. You have control.

 

----------------------------------------------------------------------

Claims Won

 

Lloyds Settled in full £1700 21/02/07

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Having used MCOL twice now I would go for the N1 route, alot of judges just dont like the stylised particulars of claim and it delays matters, I feel that with the N1 you have more room, so it turns out actually more like a shortened witness statement, but the choice is yours :D

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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