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Pirus v Abbey


Pirus
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Hi there,

 

I am currently claiming agaisnt 2 companies. So far HSBC have not responded but I have a seperate thread on the HSBC one so I wont go on about it here.

 

Just got my letter back from the abbey and it says:

 

Dear Mr Pirus

 

Thank you for your recent enquiry, requesting information on your bank account. I also acknowledge receipt of your £10.00 fee.

 

I confirm that arrangements have been made for the information you have requested to be sent to you. The transactional information remaining on our systems, normally covering the last fourteen months, will be sent out in the form of individual duplicate statements. You should receive these within five to seven working days of the date of this letter.

 

Any previous transactions have been archived onto microfiche and it is not possible to provide you with a computer print out of this information. However, we have made arrangements to send you a list of archived transactions between 2001 and 2005, under separate cover.

 

With regards to any 'manual interventions' that may have been made on the account. We consider 'manual intervention' to mean an action that is not automatic or computer-driven. Not all manual interventions are recorded, for example if a member of staff looks at a paper document relating to an account, a record is not always required. Similarly some interventions may relate to work carried out by a department rather than individuals where no central record of activity is kept because this is not the kind of information we need, or more importantly, that a customer would usually request.

 

If you have any questions please call us on the above number.

 

Yours sincerely

 

Pam Speed

Business Manager

Banking Servicing

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Hi Phil,

 

I sent it on or around the 19th or 20th or March so quite a quick reply. HSBC havent yet replied, I didnt send them recorded delivery which was a mistake but at least Abbey have been prompt with their reply.

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Just got my first statements back for the 14 months... does anyone have a rough idea how long it takes them to send the older statments out?

 

So far I have charges adding up to £700 some months they was charging me 5 x £35 for unpaid direct debits :eek: and the time I thought nothing of it, now it makes my blood boil!

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Pirus if they haven't sent them after 40 days then send LBA (recorded this time) and if still haven't sent them after 7 days report them to the Information Commissioner and file an N1 (I assume your in England/Wales).

Have they sent you any details of manual intervention yet - they're just playing silly buggers with their reply. I would write back to them identify exactly what you mean by manual intervention.

 

Manual Intervention

To clarify I require disclosure of any indication or notes which you hold and notes of all telephone calls made to me by your call centre staff both in the UK and any offshore operations either within Europe or elsewhere in the world. This data is to include all written, audio and electronic correspondence and data.

 

Two can play at being silly buggers.

This is your right under The Data Protection Act (allbeit at the extreme end of your rights if you ask for all the info above)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Pirus if they haven't sent them after 40 days then send LBA (recorded this time) and if still haven't sent them after 7 days report them to the Information Commissioner and file an N1 (I assume your in England/Wales).

Have they sent you any details of manual intervention yet - they're just playing silly buggers with their reply. I would write back to them identify exactly what you mean by manual intervention.

 

Manual Intervention

To clarify I require disclosure of any indication or notes which you hold and notes of all telephone calls made to me by your call centre staff both in the UK and any offshore operations either within Europe or elsewhere in the world. This data is to include all written, audio and electronic correspondence and data.

 

Two can play at being silly buggers.

This is your right under The Data Protection Act (allbeit at the extreme end of your rights if you ask for all the info above)

 

 

Hi rory32,

 

All they have sent so far is the above letter which I typed out and 14 months worth of statements and thats it. HSBC havent even replied to my first letter yet :( and thats where my big charges was at :D

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It seems more and more common for the banks to

(a) completely ignore you and hope you go away

(b) give you some of the stuff you want and tell you we'll get around to the rest eventually or

© in the case of manual intervention just tell you your not getting it.

 

No matter which bank it is always report them to the Info Commissioner for this if they don't comply. The info commiss will force compliance. Also file a claim against them in the court and seek damages - it will probably only be a couple of hundred quid but its better than nothing.

If you don't want to wait for the Info Commissioner to force compliance (their have more than a few complaints to deal with at the moment) just estimate your charges, file your N1 and let the bank try and dispute the amount.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi Rory,

 

It would probably be best for me to get the past statements, the ones they have sent me are for when I was unemployed, during the time I was working I had all kinds of charges coming out each month because of going over my overdraft waiting for my wages to come in, direct debits not being paid etc.

 

I know its not abbey but I sent the same letter, same time, same day and same post box to HSBC, they have not responded. It wasnt sent via recorded delivery. Shall I just send the letter again via recorded delivery this time and wait out another 40 days or should I send a different letter to them or complain?

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I would post a reminder letter (recorded delivery) on the assumption that they got your first letter and are just ignoring you. No surprise that the banks are ignoring a customer who wants money from them. Also did you send £10 with the SAR. If so was it a cheque or postal order. You can check if either has been cashed/paid into account.

Banks are quite good at losing things so even if they didn't get it they'll probably assume that they did and its in the system somewhere.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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It seems thats all there is, the total charges amount up to £700 thats for 20 unpaid direct debit charges.

 

They refunded me £55 of these charges when I went in and demanded they gave me my money back one day. What should I do now anyone? How do I go about getting the charges back, I understand I now fill out the spreadsheet etc but what do I do about the £55 reversed charges?

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  • 2 weeks later...

Righty got an update........

 

Got a letter today with the following..... does this mean I have to wait another 4 weeks to get a reply?

 

Dear Mr Pirus

 

Thank you for contactung us and I am sorry that you have been so unhappy that you have felt you must complain.

 

One of my team will be responsible for investigating your complaint and I have enclosed our complaints leaflet, which explains our procedure for doing this. High quality customer service is of great importance to us at Abbey and we will do everything we can to resolve your complaint in a timely and satisfactory manner.

 

I know it is important to you that we resolve your complaint quickly, but we want to complete a thorough investigation and sometimes this can take time. If we have not contacted you before then, we will write to you in four weeks to let you know what is happening.

 

If you have employed someone to handle your complaint on your behalf please note: employing a third party complaint-handling firm, or solicitor, or financial adviser does not affect how we review your complaint. Please be aware that:

Abbey does not charge you to investigate your complaint

Abbey will not be liable for any costs incurred if you decide to employ a third party to handle your complaint during this review

Abbey, in general, will only make payment direct to the account holder if your complaint is upheld and redress is due

 

Although I do 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

 

Andrew Nanson

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Did you send Prelimanary Request for Repayment letter off the templates library? If you did then 14 days after the day they received it, send the Letter before Action (again on templates) then 4 days later, off to court to file.

 

Send all letters recorded so you can check on Royal Mail when they were delivered.

 

Just ignore things that tell you it'll take 4 weeks or 8 weeks, it's just another delaying tactic.

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Sure, you'll probably get the usual reply from them 'gonna take more time to look into it' but ignore that too and stick to your timetable. If you give them 14 days then after 14 days from receipt by them, move onto the next step. :)

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Hi Pirus

 

I have had a phonecall from Abbey this afternoon. A nice Gentleman who's name was Roman.

 

He Has just offered to settle my ''' CLAIM OUT OF COURT''.

 

He explained about the Lloyds TSB bank with Their winning the other day.

 

He went through what i wanted and what he was prepared to offer.

 

I took his number and said i would call him back.

 

I called him back and said i would accept another £150.00 on top of what he offered. This has been agreed = £3200.00 will be in my account very shortly.

 

Keep on with your claim and good luck.

 

Georgie Porgy;) :grin: :grin: :grin: :wink: :wink:

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Hi Pirus

 

I have had a phonecall from Abbey this afternoon. A nice Gentleman who's name was Roman.

 

He Has just offered to settle my ''' CLAIM OUT OF COURT''.

 

He explained about the Lloyds TSB bank with Their winning the other day.

 

He went through what i wanted and what he was prepared to offer.

 

I took his number and said i would call him back.

 

I called him back and said i would accept another £150.00 on top of what he offered. This has been agreed = £3200.00 will be in my account very shortly.

 

Keep on with your claim and good luck.

 

 

Had a call this week off the same bloke, I think its Ronan not Roman, :grin:

 

Settled the full amount after discussion, cheque went in yesterday, funds available monday.

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Very nice sir glad to hear it :)

 

Only problem is if any banks ring my house my mother just hangs up :D so I guess it will have to be an offer in writing.

 

How long did it take for them to make you this offer? Did you have to send a second letter? I got a reply saying we are reviewing it etc etc but they never came up with an offer within 14 days which I gave them.

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Very nice sir glad to hear it :)

 

Only problem is if any banks ring my house my mother just hangs up :D so I guess it will have to be an offer in writing.

 

How long did it take for them to make you this offer? Did you have to send a second letter? I got a reply saying we are reviewing it etc etc but they never came up with an offer within 14 days which I gave them.

 

It can be a drawn out process, they delay as much as they can hoping you'll lose interest. I sent my first letter at the back end of last year, only settled this week, but worth the patience and effort.

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  • 2 months later...

Hi folks,

 

Just got back from a holiday in the USA and found some letters when I got back. I have received a reply from the abbey with the following below... Does anyone know what I should do next? They are offering only £350 from £645 of charges.

 

Dear Mr Pirus

Thank you for your letter dated 1 May 2007, about the charges on your bank account. Please accept my apologies for the delay in our responce. i have now carried out a full investigation on your behalf.

 

I'm sorry you are unhappy with the charges and I understand you would like these refunded. Although the charges were correct, as a gesture of goodwill, I am happy to refund £350. As your account is with our Collections department, a cheque for the outstanding balance of £213.77 will be forwarded to our Debt Management Operations Team. A cheque for the remaining £136.33 will be forwarded to you seperately.

 

I appreciate your feelings on this matter but we are satisfied that the charges do not contravene the Unfair Terms in Consumer Contracts REgulations 1999. We also comply with the Office of Fair Trading, in dealing fairly and openly with our customers.

 

When opening your account you were provided with information detailing the terms and conditions. We have also sent you regular updates and Tariff of Charges, which detail the amounts of our charges. I have enclosed a further copy for you.

 

The Office of Fair Trading announcement was in relation to Credit Card fefault charges and not charges related to other types of account, such as Bank Accounts. This means our current Tariff of Charges continue to apply.

 

You have requested a breakdown of how our charges are apportioned. Unfortunatley, I am unable to provide you with the specific inforamation you have requested.

 

I can inform you that the value of a transaction, whichh causes you to exceed your agreed overdraft, has no bearing on the amount charged. Should you require details of the specific charges applicable, these are stated in teh terms and conditions of your account.

 

Please be assured I have carrieed out a full investigation for you and I hope you feel I have offered a considered and complete responce to all of the issues you've raised. I will keep your file open for the next 8 weeks and ifI dont hear from you within that time, I will assume that everything is resolved and will close your file. If you remain dissatisfied though, the leaflet youll find with this letter explains your rights and how to take your complaint further within Abbey.

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Does anyone have a link for the template that says, I accept this offer as a partial offer but I expect the full amount bla bla bla?

 

I have looked through the templates but just cannot find it :(

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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