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Blitzspear v Abbey, LBA, views/tips welcome.


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Hi Everyone, my LBA to Abbey, as i said, all views and tip's welcome.

 

Upon advice, i have already removed my 'Without Prejudice' header.

 

 

 

Dear sir Madam

 

Account No xxxxxxxxxxx

 

Your Ref xxxxxxxxxxxxx

 

I am very disappointed that despite numerous request to do so, from myself, and my legal representatives xxxxx & Co, you have failed to repay, in full, the unlawful bank charges levied against my account.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

I issue this new Letter Before Action to inform you of a change in the amount of my claim. My claim for full refund of unlawful bank charges and related interest, is extended from 28/09/2006, up to and including 27/03/2007, with 27/03/2007 being the exact date of my last unlawful bank charges from Abbey (Ref: statement No xx for dates 5th February 2007 to 5th March 2007), meaning the full period of reclamation is now from 28/09/2000, up to and including 27/03/2007.

I have extended the claim period, as Abbey has continued to levy and deduct unlawful bank charges against my account, despite the OFT rulings (April 2006), and also contrary to common law, and the consumer credit act 1974.

In knowingly contravening these laws, Abbey has relinquished it's right to restrict my claim to the maximum reclamation period of six years, and will therefore, not be able to legally challenge any extention to my original six year claim period.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £xxxx.xx plus £xxx.xx which you have charged me in overdraft interest for the sum which you have taken, and on top of full repayment of those charges, i require full payment of my legal representation fees £xxx.xx, making a grand total owed to me by Abbey of £xxxx.xx.

I am enclosing a copy of the schedule of the charges which I am claiming, and also an invoice calculating the costs of my legal representation by xxxxx & Co.

 

At this stage, i would be prepared to accept an out of court settlement on this matter, of £xxxx.xx, which would represent a 20% saving to Abbey Plc, based on a county court claim, PLUS i will require the removal of any default notices. If you do not credit my Abbey account with this amount within 14 days of reciept of this letter, then I shall begin a claim against you for the full amount, plus statutory interest on each individual charge at a daily rate of 8% (currently £xxxx.xx, and rising at a daily rate of £x.xx), PLUS court costs of £xxx PLUS my own personal costs (stationary, postage etc) PLUS I shall also make a claim under ss.7 and 13 of the Data Protection Act 1998 and i will do this at the end of 14 days (without full settlement), and without further notice to yourself or Abbey Plc.

 

Also, if Abbey Plc fails to settle within the 14 day period, in addition to the above court proceedings, i shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

Yours faithfully

 

xxxxxxxxx

 

I also have a comprehensive list of all bank charges, and the contractual interest deducted because of said charges.

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Blitzspear, You make a lot of the OFT report of Apr 06. Don't rely on it (IMHO) - it was about credit cards. The OFT said only that the report had "wider implications" for current accounts.

 

In knowingly contravening these laws, Abbey has relinquished it's right to restrict my claim to the maximum reclamation period of six years, and will therefore, not be able to legally challenge any extention to my original six year claim period.
Not correct. There is still a limitation period of 6 years, but your argument needs to be that the start of the limitation period is postponed by virtue of Section 32 of the Limitation Act 1980

Limitation Act 1980 (-), [email protected], David Swarbrick, Solicitor, Wrigley Claydon

32.-- (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-

    • (a) the action is based upon the fraud of the defendant; or
    • (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
    • © the action is for relief from the consequences of a mistake;

    [*]the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....

    [*](2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty. . .

The point in time you became aware (of either Abbey's concealment or mistake of law - it has to be one or the other, LOL) might have been the OFT credit card report (April 2006), in which case you have to file a court claim by April 2012 !!

 

Finally, and I'm not trying to be poky, but I was surprised that you are not citing specific legislation (eg UTCCR) and common law (eg Dunlop) - you'll certainly need to do so in your N1. Dont take this the wrong way, but are you really using a legal firm ? Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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So if i remove the part of my LBA you've quoted, and instead, quote section 32 of the Limitation Act 1980, i should be able to claim from 20/09/00 to 27/03/07, correct?

 

Oh and yes, unfortunately, i did involve a solicitor, and in hindsight i wish i hadn't, but Abbey will have to stump up for him now.

 

Thanks Nick.

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Blitzspear, I wouldn't actually go there at all. My claim includes charges back 6yr 7mths to date of N1 and Abbey didn't cite 6yr limitation in their defence nor in a phone haggle last week. If I was you, I'd keep your powder dry until you see their defence after you've filed. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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Thanks again Nick, taken under advisement.

 

Oh yeah, and what was that Dunlop thingio you quoted earlier, is that a similar case that i can quote to Abbey?

 

Also, should i issue Abbey with a draft copy of the Unfair Terms in Consumer Contracts Regulations 1999?

Blitz

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