Chica vs Abbey ** WON **

[chica]

have put me through to the banking centre..........have explianed the situation calmly asking how can i feed a family of 4 on £2.97???? put me on hold again, the telephone company is going to love this!!!!

have quoted the relevant part of the letter saying will reverse charges.....

[chica]

said can't do anything till monday........told them I want this resolved today...they said will arrange a manager to call back sometime within 24 working hours...i said no, you can return my call within the hour, today is my food shopping day, I have no food to feed my two small children, I want this resolved within an hour, got put on hold again......they promised they will do their best to contact within an hour. I said fine,if I don't hear within an hour I will be back on the phone waiting for you to reslove this!!

Was very calm and collected(which is ssoooo unlike me!!!)

Waiting for call back now!!

[chica]

I don't suppose you are going out to rob my bank for my money back are you?!?!?!?!?

 

(I am joking by the way!!!)

Will keep you updated on the situation.... 30 mins left!!!

[chica]

Got my £220 back. They didn't call back within an hour so I called them again, told them they had half an hour more to call me back. Within 5 mins got a call saying they will refund these charges as a goodwill gesture with exceptional circumstances!!!

No mention was made of my claim so I didn't remind them!!hahaha

And therefore nothing was said about full and final settlement or partial!! Got my £220 back!!!

[lknox]

Thank goodness!

 

I read your posts this morning and really felt for your situation. Got 4 kids myself and I know the nightmare that you are going through.

 

Keep strong. I'm still waiting for my refund from Abbey, but have been successful with Halifax - it's a great feeling, and I know how good you'll feel when Abbey pay up.

[david.m]

reading your posts as it happens,really got my blood boiling chica , im no were near your amount as yet and mine with A&L.

 

but its something to keep in mind how they can get away with this and not have to pay compensation for stress/hardship etc, and in effect placing you in this destitute situation by the banks.

 

if you got mugged in the street, you could claim compensation, yet it makes me wonder

is there any legal text we could add into our claims to account for such restitution BTW ?.

 

thanks for that info karnevil 7days before seems long, and im wondering if it only becomes active if you give it in writing as apposed to the verbal phoning (in my case A&L phone banking) and id have to allow several days? before i could be sure of the amount being in my account.

 

guess this weeks child benefit will again be taken by them as im still gobsmacked that id have to tell the bank exactly what i spend my appropriation on were as the social security office staff know its for essentials , thats mad.

 

 

chica, would anyone in your family have a simple post office account that you could have your child benefit and wages etc transfered into as a temp situation so these people cant do this again?.

[chica]

I've opened up a parachute account with the co-op and I am going to transfer everything to there. This month I am also going to file my moneyclaim online. Things are very tight moneywise here but my car broke down and is irrepairable so daddy is buying me a new one and lending me the money to pay for the claim. I have decided I'm doing Abbey first, then Halifax(£+default), and then when my money comes back to me, pay for the others I've got on the go.

Thanks everyone for your support. I really appreciate it.

Roll on next week for my moneyclaim!!!!

[chica]

Letter recieved re the telephone call sat morn.

Thanks for you recent call.I'm sorry to hear that you're unhappy as you've recieved charges on your Abbey account.

As discussed, an investigation of the charges relating to your account has been carried out. As they have been applied in line with our current tarriff of charges and haven't arisen as a result of a proven Abbey error, no futer refunds will be appiled.

Please be assured I've carried out a full investigation for you and I hope you feel I've offered a fair response to all of the issues you've raised. I'll keep your file open for the next eight weeks and if I don't hear from you withtin that time, I'll assume that everything is resolved and will close your file.

If you remain dissatified though, the leaflet you'll find with this letter explains your rights and how to take your complaint futher with Abbey. The leaflet also explains your ultimate right to refer your complaint to the Financial Ombudsman Service. Yours sincerly, Antony Turbitt. Manager, Banking Servicing.

 

Any thoughts folks??

[chica]

Is there a post somewhere to help me fill out a N1? Do I just go into the court and ask for one?

[chica]

Thanks Karnevil. You've been a real help to me and I sure to many others!!!

[chica]

Hi all, I am filling inmy moneyclaimonline and I was wondering if this is correct???

 

 

Particulars of claim:

I have a contract with the defendant bank dated Nov 2004 and which is conducted on their standard terms and conditions. I are claiming the return of money taken by the defendant in the way of charges over the last 2 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

I have repeatedly asked the bank to justify their charges but they have declined to do so.

I am claiming interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 21 Mar 2005 to 15 Sept 2006 of £1892.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.42p

 

 

Any advice please?

[chica]

Also the amount I am claiming on the claim amount section is without or with interest? And when do I put the £10 for the sar in? And the court fees claim back?

[Michael Browne]

I am claiming interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 21 Mar 2005 to 15 Sept 2006 of £1892.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.42p

 

 

Any advice please?

 

£1892 - This figure should be just the 8% interest calculation, whereas I suspect this is your charges + 8%?

 

£0.42p - This figure should be just your charges X 0.00022

[chica]

I have a contract with the bank

dated Nov 2004 and which is conducted on

their standard terms and conditions. I am

claiming the return of money taken by the

Abbey in the way of charges over the

last 2 years plus the interest they have

levied on those charges. The bank's charges

are a disproportionate penalty and

therefore unenforceable as they are

contrary to common law.Further,as a

disproportionate penalty they are invalid

under the Unfair (Contracts) Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. Para.8 and sch.2

(1)(e). In the event that the charges are

not a penalty then they are unreasonable

within the meaning of the Supply of Goods

and Services Act 1982 s.15. I have

repeatedly asked the bank to justify their

charges but they have declined to do

so. I am claiming interest under section 69

of the County Courts Act 1984 at the rate

of 8% a year from 21 Mar 2005 to 15 Sept

2006 of £108.25 and also interest at the

same rate up to the date of judgment or

earlier payment at a daily rate of 0.42p.

 

 

 

Hi Guys. With regards to the wording above, I am trying to file my claim online but it tells me I have too many lines. Only allowed 24 apparetnly. Is there anyway I can shorten this without taking the important stuff out???

Thanks

[Michael Browne]

Try taking out carriage returns or even full stops or:

 

Replace this:

 

I have repeatedly asked the bank to justify their

charges but they have declined to do

so.

 

With this:

 

Defendant has declined justification of charges despite repeated requests

[chica]

Its still to many lines. I need to shorten it by 3 lines but I don't want to leave important bits out. Any ideas?

[Michael Browne]

I have a contract with the bank

dated (from) Nov 2004 and which is conducted on

their standard terms and conditions. I am (delete)

claiming (delete)

the return of money taken by the

Abbey in the way of charges over the

last 2 years plus the (and)

interest they have (delete)levied on those charges. The bank's (delete)charges

are a disproportionate penalty and

therefore unenforceable as they are

contrary to common law.Further,as a

disproportionate penalty they are invalid

under the Unfair (Contracts) Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. Para.8 and sch.2

(1)(e). In the event that the charges are

not a penalty then they are unreasonable

within the meaning of the Supply of Goods

and Services Act 1982 s.15. I have

repeatedly asked the bank to justify their

charges but they have declined to do Defendant has declined justification of charges despite repeated requests

so. I am claiming interest under section 69

of the County Courts Act 1984 at the rate

of 8% a year from 21 Mar 2005 to 15 Sept

2006 of £108.25 and also interest at the

same rate up to the date of judgment or

earlier payment at a daily rate of 0.42p

 

 

Any good?

[chica]

Excellent!!! I've done it!!! Claim has been submitted!!! I'm so excited now!!!

[chica]

Claim was submitted on 25th Sept, the court deem the claim to be delivered to Abbey on the 30th which leaves them until the 14th Oct to reply.

Abbey acknowledge on the 10th October. Do I know expect a letter in the post from them? What will it say?

Chica

[chica]

What will happen next? Any ideas folks?

[chica]

Abbey have advised me that DLA Rowdy Roddy Piper or whoever they are (the common solicitors) are not dealing with my case. Abbey will be defend themselves. I get the feeling this is a bad thing??!! True?????

[lesser1010]

no not true,abbey are just trying to save themselves massive solicitors fees,don't worry they're handling the majority of claims themselves now

[chica]

OK I was starting to get really worried!!!

Thanks for that.

[chica]

Claim was acknowledge by the Abbey on the 10th of October. What happens next?

[chica]

Today is now 27 days from service. Do I carry on waiting or have I won by default tomorrow?