HELP NEEDED A.S.A.P plz

[Ladidi]

Hi Everyone,

I have question to anyone who can answer. I applied to the Abbey for the return of over £5k and the case was put on hold. Low and behold in January they took away a £500 overdraft facility we have and have now requested this back at £100 per month. I argued with them and said well if they want their £500 I want the return of over £5k. I said as my case was put on hold and they were not prepared to give me what was due and as the account is in dispute they have no power to request £500 whether it is paid in a lump sum or monthly payments. They argued and said they have and have been taking payments of £100 per month. We have paid £100 off this so far and it is killing us each month what with never ending out goings each month increasing. Is there any legal argument I can point out to them that will prevent them from taking this money each month pending the outcome of the "test case"?

Thanks for your help

Ladidi

P.S. one more thing..I for got to ask.. I have PPI in which I would also like to claim for loans in which we were told we could have but PPI had to be taken out with the loan and also fees and charges which have been applied to our mortgage which I would also like to claim, but due to the stress of dealing with the bank charge claim and then getting everything going and then being told it will be put on hold due to the "test case" I dont have the energy to go through it all again with these companies and was thinking og hiring someone to do it all on my behalf. They have quoted me £180 for 3 PPI claims and for the fees on my mortgage and 2nd charge. Does anyone recommend this or company who they think would be ideal to do this for you? This company that cold called me and said they would just request £180 and all monies claimed would be paid with no deductions from this. Does anyone have an opinion? Thanks

[kia]

the mortgage fees are a tricky one to get back cos if u win they could deciede they want there money back and yo no mortgage and no one will take u on i was going to do this but got cold feet with it as was worried what theyd do would be intersted if this has changed in last year and if anyone has had the bottle to go further with this cos ive got alot of mortgage charges xxkia

[Ladidi]

Hmm you and me both Kia, I thought buying a house would be the best acheivement ever. tunrs out it is a complete nightmare that never ends unless you come into money and can pay it all off!!! I dont mind paying whatever it is due for my paying late which is their costs incurred same as bank charges but I do mind when they slap on £50 a time!!!!

I have been told by one these cold calling companies that you can claim it back, but well as they have cold called me, they will tell me anything to get me to sign up with them and pay them £180 and take forever and a day to deal with it all!! Plus with what you said, if the mortgage companies got funny and decided to say right you owe us this much and we want it!!!

Gawd where those d*mn lucky lotto balls when you need them??? LOL

Good to her from you Kia, How are you these days? and I wish the Judge would hurry up and make his decision too cos I need my money back ASAP!!!!!!!!

[kia]

yep me too my bank charges keep going up and up thought wed have heard by now but nothing im good better than ive been in along time life is looking up good to hear from u too just need me money back to finish things off with the abbey as for mortgage i did think about going to a brief with this one cos it was more complicated so felt it justfied there fees and if they got it back all the better but no gurantees if u go for it i might too but after the bank charges my brain can only cope with one thing at a time dont know about u and apparently theres no time limit like with bank charges so can take our time on them xxkia

[Ladidi]

I have spoken to my husband about reclaiming the monies claimed byt he mortgage companies in relation to late payments and non DD payments and he said if we can find a reputable company we are going to let them deal with it and also claim for all the PPI`s we have been mis sold on previous loans we were forced to take out. SO in the mean time I`m on the look out for a good company who can deal with all too boot. I found one but tehre was no contact tel number for them so I`m dubious to it, they said they would take 18% of the total payout plus VAT and the minimum would be £150 plus VAT..It was NO WIN NO FEE as well. But as there is no contact number for them I dont wanna give all my dets to someone I cant contact or discuss things with first. Wonder if anyone on here has had dealings with any of these types of companies and can recommend one?

[kia]

yeah i wonder too would be interested to know cos i need every penny at the mo got alot going on as well all have but can do without charges from mortgage people plus i got two mortgage companies to claim off what a tangled mess eh but the first one should be easier cos they cant reclaim that money the second being our friends the abbey whos idea was it to go with them then :mad:think it might have been mines oppss xxkia

[Lula]

you do know that we have a forum for that also. and the mortgage stuff http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/

[kia]

but do they know of good person to help get mortgage monies back :)xxkia

[Lula]

Kia!!!!, your bottom is showing you brazen hussy!!!

[Ladidi]

Well if anyone can put forward a good and reputable company that will be willing to take on the reclaim of fees etc for mortgages and PPI's as well previous credit card charges etc, we would be willing to give them our details and allow them to deal with it all. Less stress and more gain would be great for me I say

 

I have seen the forum on mortgages etc. But to be honest with all the stress of the bank charges, me and my husband would rather allow someone who was reputable deal with our claim as long as they are honest and reliable and can inform us what they charge from day one and have contact telephone numbers and addresses etc so we know who we are dealing with.

[kia]

Kia!!!!, your bottom is showing you brazen hussy!!!

OMG lula its been showing for months and your the only ones thats noticed :rolleyes:xxkia

[kia]

yeah ill second that so if anyone can suggest someone well go for it i think espically as the bank stuff is taking time could do with the money both of us could xxkia:)

[Ladidi]

Good Evening all,

 

I thought I would take the trouble of sharing some information with you about what I have spent this past week doing with the "Abbey".

 

As you all know I am claiming my bank charges back through the courts and like the rest of you this has been placed on hold while we wait for the Judge to come back with is decision and findings based on what has been said and given in cout.

 

Anyway, during the process of me claiming back my bank charges which began in March 2007 myself and my husband had a £500 overdraft with Abbey. As everything was on hold and there was nothing we could do we carried on having some money paid into this account to keep the account open and active so we can get our refund when due smoothly.

 

In December 2007 they decided to take away the overdraft leaving us with a £500 debt owed. I argued they could not do this, they argued they could stating it is their money and they want it returned. In the end I spoke to a nice lady in abbey complaints who knew what I was talking about and dealt with everything or so I thought.

 

Come January 2007 the overdraft facility was removed and we was now in debt for £500 and the abbey was singing at the top of their voices to get their money back. I argued you can have your £500 if you repay my £6000. They said No can do, and kept putting the phone down on me when ever I called or spoke to someone.

 

In the end my husband called and they stated they wanted their money back at £100 per month and there was nothing we could do about it so there

 

They began taking their money and we handed in our cards and got cash cards, I warned them if I found out other wise I would be back

 

Sure enough, I did find out different. I stated to the abbey that under section 13.6 of the banking code and under the administration of justice act 1970, thay have breached both of these regulations and have acted unlawful by forcing us to repay a debt when the account is in dispute and has been since March 2007 and has not been resolved satisfactorily by both parties concerned, that they should refund my money immediatley and have my account placed on hold pending the outcome of the test case!

 

It wasn't easy to begin with, they kept tellin to write to "Legal". Turns out Legal are "Ashurst" so I emailed them and quoted the above 2 regulations, they emailed abbey and told them account should be on hold and that no further action should be done on this account nor should the debt be collected.

 

I then had this confirmed and instructed them to return the money they have already taken from my husband and myself for the said debt as the collection was illegal. They informed me that, as the account was now on hold they would have to check all of this out. I informed them to do that, and ended up with a very helpful lady in complaints who informed me that as the money is going to be repaid that meant the debt would increase back to as it was, I said fine do that as you have caused me hardship by forcefully collecting this, as I have to wait for my money Abbey can wait for theirs. It has took a long 48 hours to keep reminding them I was not going to go away and I wanted my money back. Today they have finally agreed to reinstate the overdraft temporaily until the outcome of the test case and reimbursed me £300 with immediate effect!!

 

Not a bad ending to a stressfull week, which begs the question...as I got the refund of monies paid back to me for a debt owed...is there some good news around the corner from the good Judge himself???????

[kia]

oh god i hope your right as i so need some good news dont we all xxkia

[Ladidi]

Who knows Kia, as with the Abbey and all the rest of them, it seems they sometimes chop and change their tactics as often as they all seem to change their underwear... Lol

[kia]

ohh alot of changes then lol;)xxkia

[Ladidi]

Yup, after all, they get so much grief from consumers they either wet themselves laughing at us or sh*t themselves when we tell them how much we want back.. LOL

[kia]

yep new undercarckers needed i think :Dxxkia

[Ladidi]

Hi Everyone,

 

 

I thought I would update you all on the progress of our case. With teh new waiver in place, I took a chance and emailed ashurst to ask them re negiotiate settlement under the waiver rules.

 

They replied with an offer of 65% which was declined staright away. They then came back with an offer of 95% of total claimed without interest. But as the new waiver rules protect you I took this knowing I can still reclaim any difference owed should the case go in the consumers favour.

 

The cheque for the amount agreed arrived this morning and is safely in our bank account awaiting clearance.

 

I say to anyone wanting to have go. Do you never know you may be pleaseantly surprised

[jules1973]

Well done on getting your money back, I was shocked to read it, as I honestly thought that Abbey would not negotiate with anyone other than the hardship cases. Well done again, and I hope you enjoy spending your money. Hopefully this will be a sign of good things to come.

[Guest repo threat]

Abbey, yep abbey, we put a claim in for bank charges which occurred with abbey due to a change in their account collection, let me explain.

 

We have a current account witth abbey and a bills account with abbey, have held both for many years now.

 

an automated transfer occurs each month and overnight, the transfer is credited to the bills account. the bills account has ddm's and on the day the money is shown as a credit, so too are the debits. what a lovely world it was, prompt and punctual.

 

then, without due notice, the debits were being taken before the credit on the same day and this triggered charges. it seems that abbey now tots up the debits before the credits and hey presto, countless thousands of accounts being charged extra charges.

 

we complained, got a glib response about money being in account the day before etc, but hey, both flippin accounts with abbey..

 

can we resurrect our complaint and claim back the unfair charges ?

[kia]

yes i think so might have to start from scratch though make sure this is right i was gonna wait to claim my charges back but u think its worth havin a crack now then cos i really need the money on benefits now sar first dare say :Dxxkia