thio v abbey

[thiopentone]

thanx bigmac, i have another question i need to send a revised schedule of charges to abbey do i need to do the whole prelim letter again or just send a covering letter explaining that i am claiming a new amount and do i have to start the 14 days again from when they receive the revised schedule or carry on from the original 14 days as they are not up yet i sent the original on 10 May ...thanking you all again in anticipation

[overflow]

I am also in this position and im just updating my schedule of charges now.

i

[overflow]

I am also in this position and im just updating my schedule of charges now.

i sent my LBA on 2nd may so mines up on the 16th but ive decided to send another LBA plus new charges and will include somethin like " Due to not having recieved any acknowledgement from you ,I have had more time to investigate my situation regarding the charges and have now realised that i can claim for contractual interest , hence the updated schedule. "

this gives me another 14 days to get everything into perspective before filing my claim.

Hope this helps and good luck with your claim

 

regards:)

[KnellyK]

It depends where you are in the process I suppose!

They told me they'd be adding charges to my account 2 days after I'd sent them my LBA. So, I sent them a letter with an updated schedule and said that the charges that they had notified me of would be included but the timescales in the original LBA were unchanged!

 

So, if i read your post right you've sent the prelim letter but not the LBA, therefore you can amend your total when you send your LBA and attach an updated schedule and follow the timescale for that (14 days then court!)

 

Hope this helps!

[thiopentone]

thanx for that knellyk i have only sent the prelim letter so hopefully they wont reply positively before i get to send the lba and updated schedule;)

[Bigmac versus]

Yes you can update the schedule up till you file at court, any further schedules you send them just attach a short note along the lines of This superceedes any previous schedule of charges i have sent you.

[thiopentone]

from the metro newspaper...judge blasts 'evasive' banks over fees cases...banks which put pressure on customers trying to reclaim `unfair` penalty charges could face damages for their behaviour, a judge warned yesterday. some banks were wasting customers and courts time with evasive tactics, said judge David Mackie QC.Hundreds of cases have been lodged by angry account holders trying to reclaim excessive charges for unauthorised overdrafts and credit card borrowing. But no claim has reached court because banks usually settle just before hearings are due to start.Other tactis include not responding to letters, failing to negotiate for months and not turning up at court.Judge Mackie was speaking at a london mercantile court which has processed about 300 claims for refunds of allegedly unlawfaful charges this year. He said 'looked at in the real world, where there will be no trial, these steps, which place completely pointless work and some anxiety on litigants in person, constitute unreasonable behaviour. 'From now on, we will generally treat such conduct as unreasonable behaviour, thus enabling any claimant who has been put to uneccessary work and inconvenience to be compensated for this' His comments come amid growing anger at bank charges, which can be as high as £39 for exceeding an overdraft and are being investigated by the OFT .Barrister Tom Brennan is one customer trying to sue NatWest bank over fees that he claims are 'egregiously invidious'. But Brian Capon , of the British Bankers Association, defended its members, saying they were confident their fees were legal. ' They take the court process very seriously' he added.

[thiopentone]

another story from metro newspaper 16 May.... thousands of bank customers suffered a legal setback yesterday in their fight to reclaim `rip off` charges. The blow came in the first court case to test banks rights to charge overdraft fees of up to £39. Customer kevin berwick was told by a judge that there was no legal basis for his claim for nearly £2,000 in fees and interest from lloyds TSB .Campaigners fear the ruling could deter many other claimants from taking legal action. If it is confirmed by a higher court, it will set a precedent which leaves them with no recourse. Banks have been under increasing pressure for charging excessive fees when clients go over their overdraft limits. critics say the charges bear no relation to the few pounds it costs to send a letter. In most cases so far, banks have settled claims. On monday they were warned by another judge that they would also have to pay damages if they continued to prevaricate over claims.But the judge in birmingham yesterday threw out mr berwicks claim after he refused lloyds tsb`s offer to settle the case.Mr berwick who was given leave to appeal said ' i was expecting to win as i made a good job of arguing my case' . Marc Gander of the Consumer action group said the judge faile to consider that banks were acting illegally by disguising penalties as a fee for a service. But he added:`I would urge the hundreds of thousands of people who are making claims not to be disheartened`. lloyds tsb said:`The court has agreed with us that these are charges for a service and not default or penalty fees as argued by others`.

[thiopentone]

today after recent events i sent a request for a copy of the original terms and conditions in force when i opened my account with abbey lets see what transpires. They have until 25 May to respond to my prelim letter;)

[noobrider]

check here http://www.consumeractiongroup.co.uk/forum/abbey-bank/90404-lloyds-win-abbey-consequences-2.html

[thiopentone]

thanx noobrider don,t suppose they would have sent me the correct information but it,ll look good in my bundle that i requested it i suppose

[noobrider]

sorry didnt make it clear...all the terms and conditions you could want are posted on that thread page 2

[thiopentone]

received letter today from andrew nanson banking specialist team saying they sorry i been so unhappy i felt i must complain and here, have a complaints procedure leaflet. they will take 4 weeks to investigate then let me know, of course i shall be waiting with baited breath then pop an lba in the post on 25th may

[Bigmac versus]

Typical reply that one.

[thiopentone]

hi all can anyone tell me which dates i put on my spreadsheets for an account that was opened in 2003 and closed in 2005 do i put from 2003-2005 or 2003 - 2007 as i intend to hand in N1 tomorrow hope some one gets my drift

[Bigmac versus]

2003-2005

[thiopentone]

thanx so much for quick reply nice to see im not the only nocturnal

[thiopentone]

quick update of where i,m upto. sent lba today by recorded delivery will start the poc now because i imagine it will more than likely be neccessary

[Bigmac versus]

You never know but best to be prepaired eh.

[thiopentone]

well would you believe it abbey sent me duplicate statements for the year 2006 now i,m gonna have to check my schedule all again i think they`re trying to mess me up, good try abbey but not good enough already had the originals for that year nah nah nah nah nah:p

[thiopentone]

got letter from richard harris today complaints dept, to say they are currently investigating the complaint i raised with them 4 weeks ago he is sorry for the delay i am experiencing and thanked me for patience. their research taking longer to make sure full investigation done. if unable to complete full investigation beforehand they will write in 4weeks to let me know how they getting on. They sorry it taking longer than expected and want to reassure me my complaint is important to them. N1 was due 7th july but being single mum monet tight will get it done soon as funds available at some point this month

[Lula]

go for it, work on your timescales not theirs

[bp]

Hi have you looked to see if you are exempt from paying fees? if your income is low and below the freshold, then you wont have to pay fees (I think the freshold is between 13-14k)

[Bigmac versus]

Litigation has been done now.

Another hurdle out the way.

[thiopentone]

had offer of £860 in charges as gesture of good will but some of the charges they returning is yet to be taken from my account my account is to be updated in 10 working days. will write back that i will accept the refund if they send it to me by cheque and i intend to pursue the rest through the courts and make complaint to the financial ombudsman service as they suggest i do if im not happy which im not. they think their charges applied in accordance with the t and cs of the account, they also comply with OFT in dealing fairly with customers. They unable to provide specific breakdown of how charges are apportioned, the value of a transaction which causes me to exceed my agreed overdraft has no bearing on the amount charged. The OFT announcement was in relation to credit card default charges and not charges related to other types of accounts e.g bank accounts. This means their current tariff contiues to apply. They assure me they have done full investigation , will keep my file open for 8weeksand if they dont hear from me will assume everything resolved and close file