woodwa5 v abbaey and others

[woodwa5]

Hi everyone,

 

I thought i would start writing as i am at the beginning of this journey.I have started with a claim against the Abbey but am owed thousands by Nat West and credit card companies.

 

So far I have sent the Standard data request asking for the last 6 years of statements from the Abbey. I eventually got all the statements up to the point where they started levying charges on my account (Jan 2004). I have now sent them an LBA stating that they should send the remainder within the next 7 days or face court action.

 

About 2 years ago they started levying charges onto my account to the extent that I was overdrawn by £4500 and they put me on their debt management plan. Since then I have had to pay them £250 per month off the overdraft and I am now down to £450. They have taken away my checkbook and also my visa debit card and will only let me have a visa electron. Due to all these problems I couldn't pay my mortgage and my house was eventually repossessed.

 

I have managed to sort myself out now and really want this money back. I don't know how much they owe me in charges but at one stage they were taking more than £1000 per month off me.

 

Will appreciate any help and advice from everyone out there,

 

Regards,

 

Woodwa5

[Villafan]

Welcome!

 

You've done the right thing by posting on here. Sounds as though you've had a really rough time. There are lots of fab people who will help you every step of the way so don't be afraid to ask.

 

I haven't had a problem with getting my statements but if you have a look in templates library you should be able to find what you need

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

Hope this helps & good luck!

 

Villafan

[poohbear1]

Bless you! Go for it, they have treated you appaullingly, there is no way you should have been put into that financial and no doubt stressful situation. Follow the steps, I can only speak from my exerience so far, I find it a little daunting, understanding the legal stuff but all the help you need is on this website, as long as you follow it you should be fine and more importantly RICH!!!!! You will get you revenge and all the money back that they have taken from you.

 

Don't give up!!

[woodwa5]

Hi,

 

I still haven't received any statements from January 2004 onwards. These are the statements with all of the charges on them as the pre-2004 statements are clear. I have sent them a letter threatening legal action and chased them up on the phone twice, what do i do next?

[standingupformyself]

email this lady: [email protected] she is in the data protection dept....

[poohbear1]

I can't actually remember if it says anything on that part of the instructions. I take it you have sent the letter threatening court action for not supplying the data?

 

Stick with it, don't give up, they will turn up, mine turned up about 2 or three weeks after the 40 day deadline, after I had complained to Abbey and the officials. Its because it is on microfilter it does tend to take a bit longer. But any other ways people suggest you chase do that also.

 

How long past the 40 day deadline is it?

[woodwa5]

Hi poohbear,

 

It's about 76 days and counting now. I threatened court action about 2 weeks ago. I sent an e-mail as suggested yesterday stating they have 7 days and this is their final warning and they returned saying they will re-request,

 

Regards,

 

Woodwa5

[woodwa5]

Hi,

 

It's now comming up to the 90 day mark and despite 3 letters, 3 phone calls and 2 e-mails i still haven't received anywhere near all of the statements (missing 3.5 years). I am going to have to take enforcement action now. Does anybody know what the form I need from the court is called,

 

Woodwa5:mad:

[woodwa5]

Well,

 

3 and a half months after sending the original requests I have received a spreadsheet summarising the charges from the missing 2 and a half years statements. At least i can now start to put together the first request for charges back. I think I will still try and get the missing statements although the spreadsheet is very useful.......watch this space,

 

Woodwa5

[woodwa5]

Hi everyone,

 

Well I have done my spreadsheet and the amount of charges they have taken off me since 25/04/2004 is £5160.00. I have not counted the £20 for every time they say I have gone into an unauthorised overdraft, do I include this? Also I have not included the 8% yet as I believe i don't do this untill court. I will send this as soon as i have an answer on the unauthorised overdraft fee question,

 

Woodwa5:D

[standingupformyself]

Yes you still count the fee for the unauthorised overdraft x

[ohoh4312]

Hi there

 

I am probably not the best person to advise you (!) but I do know for definate this:

 

Yes the £20 charge for unauthorised o/d is a penalty charge and should be included

 

And yes you are right about the 8% interest - it only goes on at the Court stage.

 

Best of luck

 

Jo xx

[woodwa5]

Thanx

[woodwa5]

I have added the unauthorised overdraft fees now and I think that I am ready for my preliminary request. One more question, how do I calculate the overdraft interest that they have charged me? Looking at the prelim letter in the library I include this at this stage,

 

Woodwa5:rolleyes:

[woodwa5]

Can anybody recommend a basic bank account for someone with a crap credit rating?

[ohoh4312]

My other half got one with Barclays, with an Electron card (and our credit file reads like a horror story!)

 

They said they would review the account after 6 months, and if all ok would then consider an overdraft and upgrade the card, so it might be worth a shot.

 

Best regards

 

Jo xx

[andypal]

Can anybody recommend a basic bank account for someone with a crap credit rating?

 

 

Try Yorkshire Bank. I understand that despite a crappy rating there is a possibility u can get a Current Account. Why not just open up eg. Nationwide Cash Builder Account, keep it running ok for about 6-12 months and they will upgrade u to the Flex Account. This is the one I have and the woman inside Nationwide told me that this will be the case if I keep the account running ok (money coming in consistently and maintain a good balance.

 

Hope this helps.

 

Andy

[standingupformyself]

Barclays have a very basic one.... they even accept bankrupts!!!! Nationwide too..

[woodwa5]

I think i might try barclays, especially if they look at upgrading your account as long as you use it correctly;)

[andypal]

What is the name of that Barclays Account. I have tried for an Account and was told 'no'. Nationwide yes:D .

 

Andy

[woodwa5]

Well, I got a letter from the shabbey today saying that they are sorry that i've felt the need to make a complaint and they will write to me in four weeks time to tell me how it's going. They seem to be trying to encourage me to go through their complaints system (which i obviously won't do). Phoned them up and said they have the orginal 14 days before I issue an LBA. The woman on the phone was very polite and i'm sure gets this every 5 minutes............we'll see what happens next:cool:

[ICY]

completely ignore the deadlines they set, they are simply there to try to delay you, 14 days: issue LBA further 14 days: file claim

 

stuff them and there 4 weeks, which then turns into another 4 weeks, which then turns into sorry we are unable to help you as our charges are fair ...blah blah blah

[woodwa5]

Well it's 14 days.

 

I would like to send the crabbey an e-mail to give them the opportunity to cough up today or I will start adding 8% and costs to the claim. It probably won't work but does anybody have a suitable e-mail address,

 

Woodwa5:cool:

[woodwa5]

Sent LBA today as shockingly enough they still haven't made me an offer,

 

their loss (of about 2 grand)

[poohbear1]

Hi there its poohbear, been on hols so haven't been on here for a while, well it looks like you are getting there slowly. It is a pain and that is what can put people off sometimes, the banks pray on that, thats why they wait for it to get to court, to put people off.

 

I have to say I could ask you for some advice and maybe we could sort of go through it together, looks like you are going to be claiming a large amount, I decided to go for it all in one go because the court fees would have added upto over the £250 for over £5000 claims. I am not sure about the correct court process for bigger claims, is it still small claims court pack or something else?

 

Again, I am glad you got the info. Oh by the waym, I opened a basic bank account with Halifax although more to be on the safe side, rather than bad credit rating but they don't do a credit check and give Visa Electron, not sure if they look to upgrade the account after 6 months though, didn't even ask that.