clarion48 vs Abbey ****WON****

[clarion48]

Thought it was time I shared my story.

 

I had been a registered nurse for 16yrs when I was diagnosed with a very rare & incurable illness (I am kept fairly well with IV infusions) 15 yrs ago - my health deteriorated so much that I was forced to take medical retirement and haven't worked for 7yrs now.

 

When I had to retire my income dropped dramatically and I ended up on Incapacity Benefit. Debts began to pile up and I couldn't cope with trying to sort them out.

 

Abbey - who I had always thought to be a good & friendly bank, started sending me threatening letters about my overdraft and credit card. When I applied for the credit card I had taken out a health insurance that I could claim payments on if I couldn't work - what a waste of time that was - didn't cover rare & incurable illnesses so I had paid into it for years and now I needed help, I couldn't get it.

 

Up until two years ago, the debts mounted and the interest kept being piled on despite me explaining my situation and asking for help. The crunch really came because they were charging me so much in unauthorised overdraft fees & interest that as my benefits were going in, they were taking the lot each month - eventually I was left with nothing to live on. I ended up in rent & councill tax arrears and nearly ended up evicted or in prison for not paying the council tax.

 

I got some advice two years ago and have been helped greatly in sorting out reasonable monthly payments to everyone I owe money to. I also closed my account with Abbey and moved to another bank.

 

Seeing all the recent press about claiming bank charges and reading numerous threads on here and some other sites - I decided to take action myself against these greedy robbers.

 

In October 2006 I wrote to Abbey with my S.A.R - (Subject Access Request) request - they sent me two most recent statements with nothing on and a letter saying everything was kept on microfische and they couldn't provide print outs of that. I wasn't deterred and wrote again, insisting on my rights - just after the 40 days were up, the lists arrived on my doorstep.

 

I wrote my second letter in December and got a reply saying they were sorry I was unhappy & they would investigate - this would take 28 days. Not a chance - sent another straight away threatening court action. They wrote back again in February 2007 to say their charges were totally legal and I had not upheld my accounts in an appropriate way.

 

Lodged my claim with MCOL on 22/3/07. Surprise, surprise - they entered a defence still claiming their charges were legal & disputing any interest claimed.

I received notification that my case was being transferred to my local court on the 19/4/07 and that the AQ was being dispensed with. Reading advice on here I have since written to the court and enclosed my Draft Order for Directions. That was on 23/4/07 - haven't heard anything back from the court as yet.

 

Motivated and fired up - I am going after Abbey Credit Card, Providian Credit Card and Capital One Credit Card as well.

 

Great advice & support available on here - follow the instructions carefully and you can't fail to win!!

 

Sorry about such a long post but wanted to share where I have come from.

[adamc6671]

Hi Clarion. What a story, and extremely well written, if I may say so. It highlights, more than anything else I have read here or elsewhere, just how low the banks in general, and Abbey in particular, are prepared to stoop in order to maximise their profits without any thought what-so-ever for the well being of their customers. Profit, profit, profit - NOTHING else matters to them.

 

I too am massively motivated to do my bit to knock them off their collective perch, and hence the reason I'm taking on Abbey, Cap One, and Lloyds, all on behalf of friends - I'm fortunate enough to have never incurred a bank charge myself!!!

 

EVERY best wish for success with all your claims - you most certainly deserve it, and as you've already discovered if you stick with it & get it right you WILL win - I've not read yet of anyone who hasn't!

 

All the very best - Adam:)

[clarion48]

Thanks for that Adam.

 

Yes, they really could not care less for their customers - as you say, it is all about making as much money as they possibly can - well, I hope millions of people stand up for themselves and take action against them - see how they like it when their precious profits are eaten into.

 

Good luck with your claims - keep me posted on how you get on.

 

Clarion

[clarion48]

Wonder if anyone can help me......I think I have made a serious error with my claim.

 

I was informed (and realise now that it was incorrect information) that I could only claim back charges over £12, which is considered to be the appropriate amount for a charge based on credit cards (so I was told). Given this.....I filed my claim with MCOL but only for charges over £12.

 

I realise now that this may look a little strange to Abbey and something they may well pounce on.

 

Can I change the amount I am claiming or do I have to stick with that now and hope for the best?

 

My AQ was dispensed with and case transferred to local court......but I have heard nothing since 17th April when I received the Notice of Transfer.

I sent in my Draft Order for Directions anyway, on the 23rd April. Have had no response from the court.

 

HELP!!!!!

[KnellyK]

HI Clarion48

 

Just wanted to say your story is familiar to me, my husband's health deteriorated and we began to struggle financially, the charges took the mortgage money on more than one occasion!

 

With regards to amending your claim I've seen other posts where people have been advised that they can amend and it costs £35.00 to do it, but I'm not sure at what stage you can amend. I'm sure someone with more experience will reply soon but in the meantime, have a look at some of the other threads and the FAQ's there might be answers to your questions there. I'll have a look too and come back with a link if I find one!

 

Good Luck

[clarion48]

Thanks KnellyK. I will look for some more threads - hopefully it will be possible - if not, maybe I have to go for them again!

 

Thanks for your help.

[KnellyK]

Hi Clarion

 

If you do a search of the Abbey forum ~ to do this start on the Abbey forum page, near the top, on the right there's a little box that says 'Search this forum' (similar to the one at the top of this page that says 'Search this thread') click on that and put in the box that appears what you want to search for and clock go -I put in amend claim and it came up with lots of threads with those words in it - Like this one..

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/78556-little-advice-please.html?highlight=amend+claim

 

Like I said, there are lots more, so have a go, you're bound to find something similar to your situation. Also, when you do a search the words that you search for are shown in red so you can find them quickly.

[clarion48]

Just to update everyone on where my claim is at.

 

After three weeks waiting to hear my local court wrote to say that the district judge had decided to request AQ's - this arrived with me on the 9th May and had to be filed by the 21st May (today, in fact).

 

I decided after much reading, asking questions and thought that I would file an N244 at the same time to amend the total amount of my claim. I found some useful advice on threads here and set to preparing all the papers - N244 + N1 (amended bits in red) x3 + revised summary of charges x3. Paid my £35 to the nice little court lady and now wait for them to come back so that I can serve one on Abbey.

 

I also filed my AQ last Thursday (17th May) at a cost of £100 and guess I have to just sit tight and wait now.

 

Found out today that Abbey failed to file their AQ - not sure what happens now?

[lateralus]

just reading through your thread clarion - when you get your amended claim back from the court it is up to you to re-serve the amended claim and if you are following gary's helpful thread - you'll know there is one further paper to file once you've served them. just wanted you to get that right. The "Claim Too vague" defence and guide to amending a claim

[clarion48]

thanks lateralus - i do know about the form but it is good to be reminded - at least then my aged brain won't delete it from its memory bank.

[clarion48]

hey peeps - need some advice please.

 

I currently have one claim going through with Abbey - as you will see above. Decided to kick start my second claim against them for credit card charges. Sent off my S.A.R early April with the £10 fee - received a weird letter back to say they were sorry I felt I needed to complain? WHAT COMPLAINT?!! Anyway, they said they would investigate and I would hear within 28 days - not only have I not heard anything about their investigation (into what, I don't know) but I have not had my requested statements/list of charges for the last six years. In fact, I've had nothing from them at all. Where do I go from here please?

[Robdblynd]

If the 40 days for compliance with the S.A.R - (Subject Access Request) have passed then whack them with this

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

There's sure to be something in this that you can use.

 

Good luck.

[clarion48]

hi rob - thanks for that a great help - will send it off on monday

[clarion48]

Does anyone know if the oft have said that credit card companies can legally charge up to £12 in fees, does that mean you can only claim back charges that are over that amount?

[charleyfarley]

£12 is the suggested maximum , but they are not disputing claims against them for these £12, so claim back everything and they'll pay up.

 

PS

I've just read the whole of your thread clarion and it's a very familiar story, but you have written it beautifully.

[clarion48]

Thanks for your help charleyfarley - also for your very kind comments.

 

I will claim everything on the credit card charge list - when they eventually send them to me - as you can see, they are not playing fairly. My first claim for bank charges is still ongoing since October 2006 - the initial lists they sent me had many unreadable pages so I had to wait for more copies to be sent (and pay a second £10). This also meant I had to file an N244 to adjust the amount of my claim to reflect the true figure once I got the replacement copies. Hoping stage one will come to a good end soon.

 

How are things going with your own claim?

[KnellyK]

Hi Clarion

 

Thanks for your post on my thread! You're right, every case seems to be dealt with differently, I think they're overwhelmed with people claiming, but the outcome is usually the same, they end up paying up! I was lucky with my 1st claim, they missed an early deadline I don't expect to be so lucky 2nd time around!

 

It's just a matter of time, you'll have your money!

[clarion48]

Great - thanks KK - I really hope it is soon.

[clarion48]

Well, thought I may hear from the court today - I did, but not the news I hoped for - gutted!!

 

First - another Notice of Transfer of Proceedings - addressed to all parties - saying claim now transferred to Guilford County Court.

 

Second -

General Form of Judgement or Order

 

Before PROPER OFFICER sitting at Epsom County Court.

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

Before an Officer of the Court sitting at Epsom County Court. Pursuant to the Order of His Honour Judge Reid QC, Designated Civil Judge of the Surrey Group of Courts.

It is ordered that

This case be transferred to Guilford County Court. All further correspondence on this case should be directed to Guilford County Court.

 

Although I kinda new this was coming I guess I was hoping for a response to my AQ/Draft Order/Special Directions and at least a response to my N244 Amendment.

 

Who knows how long from here? I feel really despondent today.

[clarion48]

Meant to say - any suggestions, advice or anything else, greatly appreciated. Guess it is just a waiting game though really?

[clarion48]

I have tried for the last hour to get through to Guilford Court without any luck. The switchboard seems to be on a permanent loop that repeats the same message every second but never actually connects to a live person.

 

Will keep trying this afternoon - just want to find out what they are up to.

 

Am sending off letter to MBNA/Abbey Credit Card today - they have failed to comply with the S.A.R - no statements/list of charges sent through - in fact, only response was a letter telling me they were investigating my complaint?? I sent my tenner as well.

 

Not a happy bunny today!!

[clarion48]

Anyone happen to be able to answer this?

 

When I closed my account with Abbey I was more than £2k in debt to them - much of this caused by them fleecing me for extortionate charges - I have been paying this off at £10 per month and still owe £1.6k. If I win my case, do I still have to pay back all of this money?

[clarion48]

Hello, anyone there?

 

Spent most of the afternoon trying to get through to Guilford Court - no luck - just the same message over and over & then it changed to telling me they were closed - at 2.50pm - but then gave the court opening/closing times - funny, that said 4.30pm??

[doo]

clarion, if it's any help I am reclaiming charges back from Capital One plus CCI - there is a debt on my credit card and they have paid this off first, sending me the remainder they owe me by personal cheque.

[clarion48]

clarion, if it's any help I am reclaiming charges back from Capital One plus CCI - there is a debt on my credit card and they have paid this off first, sending me the remainder they owe me by personal cheque.

 

doo, although my debt is to Abbey, it is not being paid to them as they sold it to another collecting agency in January this year so I don't think they can take it. My question was really about whether I need to continue paying a debt that is wholly made up of charges?