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Reclaim Unfair Bank Charges Discussion Area

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  • cruncher75
    cruncher75 Posts: 48 Forumite
    Just rang abbey to make sure were to send the 1st letter they said send it to
    Complaints Department
    Abbey
    PO BOX 5129
    Milton Keynes
    MK9 2YN
  • emmastar
    emmastar Posts: 11 Forumite
    jackdusty wrote: »
    This is my first time on this website and I would be grateful for any advice on my current situation. Fourteen days ago I settled with the Halifax for £2500. I Received a conformation letter saying that the money would be paid into my account in 14 days time, not 14 working days. Well the time is up today and nothing has been paid into my account and I keep being told to be patent by their complaints department. Is this just a delaying tatic or is they anything I can do to either speed up this process or do I just proceed with court action. Any help in this matter would be gratefully accepted.
    Hi
    I had the same problem with the Halifax. I simply phoned them up and said if the money wasn't in my bank account by 9am the next day i would take them to court. Funny enough the money was put into my account 2 hrs after that!!
  • harry5
    harry5 Posts: 17 Forumite
    Help!

    Abbey have stopped my overdraft today because I am claiming against them but stupid me did not get my wages stopped from going into the account on time, so today they have took my wages and paid it off the overdraft, can they do this as now I have no money??
  • Twinkly
    Twinkly Posts: 1,772 Forumite
    hawthorn11 wrote: »
    Well didn't receive my 6yrs bank statements from Smile but did receive a list of all charges and interest to date from them, and all in 22 days, fair play to them. Totalled it up (or rather they did!) at £1222 'commission' for unpaid items and £385 in 'fees', and then combined £90 for last month. All totalling £1697. Just sent the first letter off to them asking for the money back. Will see what they respond with!

    You know it would at least help if they took charges out at the end of the month or on a set date you know? But no, they take them out as and when they like, which completely messes you up, hence the £90 charge last month. :mad:

    Anyway, fingers crossed this is resolved quickly - the initial 14 days is up on the day I'm due to give birth, lol!!

    Good luck to everyone else in the same situation.
    Helen x
    :)
    :icotbaske

    I would be wary of whether you have received a complete list of the charges. Capital One sent me a just a list typed into their letter and it was obviously incomplete when I looked at dates of charges. I've demanded a complete list with evidence of the account itself, statements at their cost if neccessary. Just a thought :)
  • Twinkly
    Twinkly Posts: 1,772 Forumite
    harry5 wrote: »
    Help!

    Abbey have stopped my overdraft today because I am claiming against them but stupid me did not get my wages stopped from going into the account on time, so today they have took my wages and paid it off the overdraft, can they do this as now I have no money??

    Firstly was the overdraft just stopped or did they advise you in writing beforehand that this would be happening? If the overdraft was recalled before the wages went in then yes, basically they do have right to set off any monies against it. Its a particularly nasty trick though.

    If it wasnt officially recalled until after your wages went in you can challenge it. According to the Financial Ombudmsan certain conditions would have to apply before they could take anything. The money taken would have to be 'due and payable' and they could only take the missed payment on any arrangement to pay it off and not the full amount.
    See here for more information:

    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/40/40_setoff.htm

    The article deals with the issue of taking money from other accounts but I believe it is relevant in your case as to the issue of 'retaining monies paid into the account.'

    If the overdraft is officially recalled in retaliation for reclaiming charges complain to the Financial Ombudsman about this and any issue surrounding their taking your wages against the overdraft. As regards payment of the overdraft after recall you retain the same rights as a debtor as usual with payments calculated on your income and outgoings. They can demand full payment but they cannot expect it.

    Get a second opinion on this and further advice as each case is different and personal circumstances differ but I would complain about it anyway given that it is in retaliation for reclaiming charges irrespective of any other issue on the account. I do hope you can get your wages back. Good luck :)
  • Hi

    Just had charges back from the Halifax, they actually phoned me to sort it out, they took a while to send my charges back, but I did get them, BUT while this was going on they were/are still charging me, even though they knew that I was sorting this out, and getting money back from them. Seems like I will have to start all over again.

    I also sent a letter to the Abbey, they took their time over this one, and in the end sent me a letter claiming it was not their fault and quoted me their T&C`s. So I decided to take them to court for over £3000. Everything was ok until Abbey decided they were going to defend my claim, and have now put a defence into the court...and once again Abbey are qouting their T&C`s as their defence. But I do have one plan of action if it goes to appeal, something that I decided NOT to use when putting the claim in through the court.
    So fingers crossed.

    I have found Abbey to be the MOST ruthless of ALL the banks on the market, I have the impression that they think they own the world, I know of many people that have lots of touble with them, I am now with another bank, thank god...lol.

    How many people here have actually taken Abbey to court and won..be interesting to know...plus I need some reassurance....lol
  • Twinkly
    Twinkly Posts: 1,772 Forumite
    triplex wrote: »
    Hi

    Just had charges back from the Halifax, they actually phoned me to sort it out, they took a while to send my charges back, but I did get them, BUT while this was going on they were/are still charging me, even though they knew that I was sorting this out, and getting money back from them. Seems like I will have to start all over again.

    I also sent a letter to the Abbey, they took their time over this one, and in the end sent me a letter claiming it was not their fault and quoted me their T&C`s. So I decided to take them to court for over £3000. Everything was ok until Abbey decided they were going to defend my claim, and have now put a defence into the court...and once again Abbey are qouting their T&C`s as their defence. But I do have one plan of action if it goes to appeal, something that I decided NOT to use when putting the claim in through the court.
    So fingers crossed.

    I have found Abbey to be the MOST ruthless of ALL the banks on the market, I have the impression that they think they own the world, I know of many people that have lots of touble with them, I am now with another bank, thank god...lol.

    How many people here have actually taken Abbey to court and won..be interesting to know...plus I need some reassurance....lol

    *whips out her little notebook*

    I did a bit of research in the success thread when I joined this site. Gave up after 98 (ish)pages fearful of eyeball implosion. Here are my findings on Abbey;

    Abbey National - 19 cases of which:

    11 settled in full plus costs and interest after claim filed at court
    5 settled in full before any court action neccessary
    2 claimants went to the Financial Ombudsman and the banks paid in full for one and more than the amount claimed for the other but no reason for this is given in the postmore than the amount claimed
    1 case the claimant claimed £5,000 he had estimated as owing. The bank settled at £4,500. On receiving his details and checking he was only actually owed £1,000. There is no mention of them getting the overpayment back.

    Abbey do appear to be difficult to deal with but pay up eventually. Hope that helps :)
  • rimbo_2
    rimbo_2 Posts: 10 Forumite
    Hi just about to send off my first letter to rbs
    asking for the last 6yrs bank charges:eek:
    I'm a bit nervous
    also can any one tell me what a referral charge is and can i claim this back seen
    this on my statement a few time:confused:
  • PLEASE HELP ME:

    I have sent the first letter the LLyods tsb and have received this reply I am claiming back bank charges over 6 years for just over £2000. I received this reply this morning

    THE OFFICE OF FAIR TRADING HAS PUBLISHED NEW GUIDELINES ON CREDIT CARD DEFAULT CHARGES. WE'RE (SIC) STILL TALKING IT THROUGH WITH THEM BUT THE IMPORTANT POINT IS THAT THE GUIDLINES ARE ABOUT DEFAULT CHARGES THAT PEOPLE PAY WHEN THEY BREAK AN AGREEMENT WITH US

    THIS DOES NOT APPLY TO YOUR CHARGES AS THESES WERE FOR DEALING WITH YOUR REQUEST (?) TO GO OVER YOUR AGREED OVERDRAFT LIMIT. THEY ARE NOT DEFAULT CHARGES BECAUSE YOU HAVEN'T BROKEN YOUR AGREEMENT (?). THEY ARE OUR PRICES FOR THE SERVICE WE PROVIDE IN THESE SITUATIONS....

    Ok, I am confused, I have never made 'any request' to go over my agreed limit. What usually happens is I have less money in the bank than I thought I did and they pay the amount then slap on the bank charges. What do they mean I haven't broken my agreement? If I hadn't then they would not be charging me surely? Why are they talking about credit card charges these are account charges?

    I need help I am not sure what to do now. Anyone??
  • Twinkly
    Twinkly Posts: 1,772 Forumite
    PLEASE HELP ME:

    I have sent the first letter the LLyods tsb and have received this reply I am claiming back bank charges over 6 years for just over £2000. I received this reply this morning

    THE OFFICE OF FAIR TRADING HAS PUBLISHED NEW GUIDELINES ON CREDIT CARD DEFAULT CHARGES. WE'RE (SIC) STILL TALKING IT THROUGH WITH THEM BUT THE IMPORTANT POINT IS THAT THE GUIDLINES ARE ABOUT DEFAULT CHARGES THAT PEOPLE PAY WHEN THEY BREAK AN AGREEMENT WITH US

    THIS DOES NOT APPLY TO YOUR CHARGES AS THESES WERE FOR DEALING WITH YOUR REQUEST (?) TO GO OVER YOUR AGREED OVERDRAFT LIMIT. THEY ARE NOT DEFAULT CHARGES BECAUSE YOU HAVEN'T BROKEN YOUR AGREEMENT (?). THEY ARE OUR PRICES FOR THE SERVICE WE PROVIDE IN THESE SITUATIONS....

    Ok, I am confused, I have never made 'any request' to go over my agreed limit. What usually happens is I have less money in the bank than I thought I did and they pay the amount then slap on the bank charges. What do they mean I haven't broken my agreement? If I hadn't then they would not be charging me surely? Why are they talking about credit card charges these are account charges?

    I need help I am not sure what to do now. Anyone??

    This is a standard fob off letter commonly seen and it is designed to confuse you dont worry. Your aim is to reclaim charges made to the account that are excessive to their costs and thats all that matters really. Disregard it and carry on with the next letter. Good luck :)
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