default from bank charges!!

mandylou86

Hi,

I had an Abbey account back in 2006, i received a bank charge which put me at minus, they then kept charging me until this amount meant my account was -195! I raised a dispute in feb 2006 which went on until june when abbey said as a goodwill gesture they would pay me £285 into my bank account, when i chased this money i was told my bank account had been closed so they would send me a cheque. in Dec 2006 i received a cheque of the 285 in full and final settlement of my complaint. I didnt hear from the bank again so i thought everything was sorted.... a couple of months ago i went to get a mortgage and found out i couldnt because abbey had put a default against my name in may 2006 - i didnt think this was right as my account was in dispute! i have now argued with abbey and by doing this all that has happened is that abbey has passed the 'debt' to another debt collectors who are now chasing me for the £146! abbey told me when they gave me the £285 they actually meant to take off the £146 and send me the remaining money and are now offering £30 to say sorry but i still have to pay the £146 and the default remains! looking through old paperwork i have found a letter saying they would give me a default in 28 days etc back in march but the default wasnt applied until may (over 28 days later) now i am unsure of how to argue my case! abbey have also decided to reopen my bank account so they can get their money!! someone please help!!!!!!!

thanks

mandy

natweststaffmember

mandylou86 wrote: »

Hi,

I had an Abbey account back in 2006, i received a bank charge which put me at minus, they then kept charging me until this amount meant my account was -195! I raised a dispute in feb 2006 which went on until june when abbey said as a goodwill gesture they would pay me £285 into my bank account, when i chased this money i was told my bank account had been closed so they would send me a cheque. in Dec 2006 i received a cheque of the 285 in full and final settlement of my complaint. I didnt hear from the bank again so i thought everything was sorted.... a couple of months ago i went to get a mortgage and found out i couldnt because abbey had put a default against my name in may 2006 - i didnt think this was right as my account was in dispute! i have now argued with abbey and by doing this all that has happened is that abbey has passed the 'debt' to another debt collectors who are now chasing me for the £146! abbey told me when they gave me the £285 they actually meant to take off the £146 and send me the remaining money and are now offering £30 to say sorry but i still have to pay the £146 and the default remains! looking through old paperwork i have found a letter saying they would give me a default in 28 days etc back in march but the default wasnt applied until may (over 28 days later) now i am unsure of how to argue my case! abbey have also decided to reopen my bank account so they can get their money!! someone please help!!!!!!!

thanks

mandy

I have got a solution. Tell them you will accept compensation of £146 provided it is paid back to them alone and the default is removed. Explain that you believe that they were guilty of maladministration of the account and that you are willing to take it to the FOS on that basis alone.

mandylou86

so should i carry on the complaint refuse the £30 and say i want £146 compensation? is it maladministration of my account because they reopened my account?

thanks for your help i am pulling my hair out with this!

natweststaffmember

mandylou86 wrote: »

so should i carry on the complaint refuse the £30 and say i want £146 compensation? is it maladministration of my account because they reopened my account?

thanks for your help i am pulling my hair out with this!

Refuse the amount and ask for £146. "Maladministration" is that they told you the account was closed over 3 years ago yet kept it open, didn't write to you at the time about an error they haven't yet proven to you and have then sent debt collection agencies to hassle you for a settled account.
Furthermore, tell them that if it isn't corrected you may want to sue them for damages over the problems you have had getting a mortgage by their mistakes.
Tell them to avoid all this cost and expense you will accept compensation of £146 plus the removal of the default.

mandylou86

So do I request that the 146 is put into my bank account that has now been reopened then request for the account to be shut? I have a letter from capquest telling me they hav now taken over the account and all correspondance should go to them?! Abbey also sent a letter after this most recent complaint saying how my complaint was declined and the 285 was only a gesture of goodwill!! Should I call abbey and speak to customer services to see if they will tell me when my account has been shut and reopend etc?

Than

natweststaffmember

mandylou86 wrote: »

So do I request that the 146 is put into my bank account that has now been reopened then request for the account to be shut? I have a letter from capquest telling me they hav now taken over the account and all correspondance should go to them?! Abbey also sent a letter after this most recent complaint saying how my complaint was declined and the 285 was only a gesture of goodwill!! Should I call abbey and speak to customer services to see if they will tell me when my account has been shut and reopend etc?

Than

Tell Capquest to go and whistle, because it's Abbey that made a mistake not YOU. The alleged debt is definitely in dispute and whilst they have paid as a gesture of goodwill without liability, you are quite happy to take them to court to remove the default and thereby incurring further costs for their mistakes which have caused you a loss re the mortgage decline.

chicqa

natweststaffmember wrote: »

Refuse the amount and ask for £146. "Maladministration" is that they told you the account was closed over 3 years ago yet kept it open, didn't write to you at the time about an error they haven't yet proven to you and have then sent debt collection agencies to hassle you for a settled account.
Furthermore, tell them that if it isn't corrected you may want to sue them for damages over the problems you have had getting a mortgage by their mistakes.
Tell them to avoid all this cost and expense you will accept compensation of £146 plus the removal of the default.

This is very interesting as I did not realise they had an obligation to advise you the account was closed. Mine was never advised.

Thanks for this info.
C
x

natweststaffmember

chicqa wrote: »

This is very interesting as I did not realise they had an obligation to advise you the account was closed. Mine was never advised.

Thanks for this info.
C
x

If you read post 1 they told them that the account was closed so that is why I said that. Normally it is standard practice to send out statements with Account closed on them.