Abbey and debt agency..!..?

[Anitaxx]

Hi

 

I have been on the phone to a lady from Abbey who is dealing with my complaint/request for a full refund and removal of the default notice.

 

Apparently, They can not write of the amount that was passed on to the debt collecters as,..... It is Now NOT their responsibility, as the account has been passed on!

 

I have asked for this in wriiting and the confirmation is on the way.

 

Can someone tell me where I now stand, Regarding this ??

 

I requested for the debt to be written off and for the default to be removed.

 

Thanks

[MARTIN3030]

Looks like you need to send them the letter from the temps folder that requires them under the dpa act to get it removed.

(Assuming these are penalties ?)

 

You know also of course that penalties cant be collected by a dpa?

 

read up on it here.

 

Theres procedures for addressing both these issues.

 

[stebiz]

Okay my reading of this is that they can issue a refund and you can use the money to pay off the debt collecting agency - or with your permission they could send it direct.

 

Secondly as they are the ones who initially issued the default notice they can remove this too.

 

My claim has also gone from Abbey to a DCA and I've just recently issued a summons against Abbey. As above the DCA can't collect unlawful charges anyway.

 

Regards

Stebiz

[Anitaxx]

Thanks for replying

 

Ill take a look around the site for some relevant info.

[Anitaxx]

Ok

 

I have had a look on the site and found small answers to the debt agency prob.

 

I recieved a letter today from complaints dept, stating that the charges applied to my account were done fairly , referring back to T&c's, of becoming overdrawn.

 

The thing is I did not have access to a overdraft limit! on my bank account.

This being an 'Unauthorised overdraft balance'. Which is stated in the letter I recieved

 

I remember argueing that point when I had been originally charged, and the fact that how can the bank allow my account to go overdrawn, if I dont have permission for this facility

 

I had made several, small, debit card payments online, under 5 gbp. And was allowed to go overdrawn, then charged 30 gbp for this.

 

Abbey of corse should not of allowed my account to go overdrawn, but the blame was based on the debit card system. I do not have this in writting

 

At the end of the letter it stated that,the explanaion given was the 'Final resolution letter' and If i was not happy ,that they 'Would like to remind me-that I can refer my complaint to the Fianancial Ombundsman Service'

 

After the long explantion I have just tried to give, Would anyone know now the best thing to do.

 

I have sent the request for statements, Prem letter , But also the Lba.

Because I thought I could estimate the total and bring that to the small claims, I sent all letters within the correct time period.

 

They have only now sent me the Sar form, as I had sent the official Dpa letter 2 weeks ago. But have been waiting for statements since March. Requests that I had made in the local branch, over the telephone consistantly.

 

I am sending the Sar form back on Monday with the requested fee.

 

But what would be the best thing to do from there, as I said I have already sent the relevant letters in regarding settlement.

 

 

As Abbey are still NOT taking Responsability for the debt that was passed on to the DCA, As my ''account was transferred to outside agents, they urge me to liaise with them regarding the balance due as my account was close when the balance was transferred to outside agents'' .......... ....

 

I have only got my head around that one when typing it. But it still doesnt help my situation.

 

Should I ignore what was said in the letter, wait for my statements then make a small claim without sending any more letters

 

Or should I get intouch with the Fianacial Ombundsman Service.

 

Not too sure.

 

Thanks in advance

[Seminole]

I don't fully understand where you've got to but I will try and help.

 

If you don't know what charges were incurred it is best to obtain this information before making a claim. If the account is closed and you don't have any statements then making a Subject Access Request under the Data Protection Act is the way to go. However, Abbey is partcularly obstructive in the way that it deals with DPA requests. I fell into the same trap as you in not sending the payment with the original request. They "remembered" to tell me this and to ask for the payment when they send their **** off letter. Even then they try to delay matters further by claiming that charges information is not held in a relevant filing system. I am now suing them to obtain this information.

 

You would be better to start the process again when you have received details of the charges rather than commencing an estimated claim now. It may still come to this and, in fact, I am issuing an estimated claim but the earliest you should consider doing this is when 40 days have elapsed since you made a properly paid for request.

[Anitaxx]

Thanks

 

Sometimes when I explaine things I think I go into too much, without the acutal points and questions.

 

Monday I will send the Sar form with the 10 Fee. When I recieve the info and calculate the charges. Would it be better that I go to Fianancial ombundsman service or re-send the Lba.

 

I have recieved a letter explaning why the charges were placed on my account, and apparantly they are Not willing to reply again to my complaint.

 

Thats why, Im not sure on the next step, what would bennefit me the most.

 

If I re-send the Prem letter, then the Lba, They will not reply again...

 

Just not too sure on how to handle this one

 

Abbey are also NOT taking Responsabilitie for the debt that was passed on to the debt collection agency

 

Any suggests ?

[barracad]

Would it be better that I go to Fianancial ombundsman service or re-send the Lba.

 

Abbey would love you to go to the ombudsman - it would take up to 8 weeks to get a response, then they'd probably side with the bank anyway!

 

Stick to the step-by-step guide in the FAQs.

[Anitaxx]

Abbey would love you to go to the ombudsman - it would take up to 8 weeks to get a response, then they'd probably side with the bank anyway!

 

Stick to the step-by-step guide in the FAQs.

 

 

Thanks

 

I will send prem and Lba , then re-start my c.c claim.