Mark vs (SH)Abbey

[bestmate]

In an attempt to reclaim my bank charges from Abbey this is the response I rcvd.

 

"Thank you for your letter dated ***** about your bank charges. I am sorry you feel these contravene the Unfair Terms in Consumer Contracts Regulations 1999.

 

Having carried out a full investigation, we believe the charges do not contravene those regulations and therefore I cannot agree to refund them.

 

The regs say that we must explain our charges in plain language and that we have to act in good faith, which, according to the Office of Fair Trading, means dealing fairly and openly with customers.

 

I therefore reviewed the literature and information you recieved when you opened your account, including the terms and conditions. This explains that charges will be applied if you do not keep to the terms and conditions of the account. Because of this, I believe we have been fair and open in telling you about them. The charges were correct, because you did not have enough money in your account to cover payments requested from it. When I looked at the history for your account I found that, unfortunately, this was not the first time this has happened.

 

I am confident that I have been fair and have taken into account all the points that you made in your letter, but if you have any additional points you would like to discuss with me, please call me on ******** (yeah right!!!!) I enclose a leaflet about the Financial Ombudsman Service, in case you are not happy with my investigation or decision. If so you should contact them within six months of the date of this letter, enclosing a copy of it, as they would need this for their investigation.

 

Yours

 

NICOLA JAMESON

 

 

 

I am looking for some advice on what to do next, the account has an unpaid overdraft on it that heatons/equidebt are trying to chase me for approx £1500, the charges total 3k.... should I go down the ombusman route, or is court my only option????

 

Any advice will be welcome!

[joneshousehold]

The reply is nonsense. Don't be deflected from the action you have started. Issue the next letter and adapt the wording to include a rejection of the comments they make. The Regulations do not say that the charges have to be explained in plain language, that's the Banking Code. The Regulations say that any unfair term in a contract is invalid and that's what forms part of your claim. It is actually based on the fact that the charge is unlawful as it exceeds the genuine cost or pre-estimated cost of your breach of the agreement. That makes it an unfair term.

Just stick to your timetable and press ahead. Good luck

[Guest ChloeJane]

Hi there!

 

Standard response letter they have sent you. Cheeky really, as you think this whole process of games and tactics would have stopped by now.

 

So ignore the letter and keep going.

 

I assume you sent the first letter asking for it back.

 

Its now time to step it up a little and let them know you mean business.

 

A link to the letter before action is here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

If you are being harassed by the debt collector for the amount that is half of what you are claiming, then you can get them to go away till the action is ended. Be aware though that the bank is entitled to offset the money returned against the debt owed.

 

If you are worried about the debt collector try send a template letter i did that is here - is worth a try!

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/76726-fedupandskint-abbey.html#post769322

 

Court action may be your only option to reclaim your fees, but you have a bit more time to be confident and not unsure of the process so hang in there for now.

 

CJ

[joneshousehold]

Wise words and very comprehensive reply from ChloeJane

[bestmate]

Thanks for the quick replies, that ws the response to my 2nd letter. The first one they just fobbed me off, so I replied threatening court action if they did not comply with my request, and that is the reply I recieved!

[joneshousehold]

How you play this is really up to you. If you are confident enough then get your claim into court. If you want to take it a little slower you could write again and point out the errors in their response. However I don't think the latter will make any difference. As CJ says, this is just standard tactics by Abbey so all that will do is delay matters for you. You may have to just take a deep breath and put your claim into court. It is remarkably liberating once you do it and believe me we have all baulked at taking this step. Abbey won't pay up unless you do. Everyone on the forum is with you on this so you have lots of support.

If you want to talk it through just post on here or you are welcome to pm me if you prefer to keep it more confidential.

[bestmate]

I have written one final letter, I am patient enough to see what they come up with this time, as I have pointe out the errors in their letter and made it clear why I am claiming. Have also written to Heatons as to holding them off, will keep you all posted on the outcome!

[joneshousehold]

Blimey Bestmate, don't you sleep!

Good luck and I shall look out for your update.

[bestmate]

Haha good point, I'm a nightworker.... sleep by day!

[bestmate]

Very stern follow up letter posted recorded today, pointing out there errors in the bog standard letter.......will see what that brings, if no joy off to the courts....:o:o:o:o:o:o