Abbey (merged)

sparky0107

Hello everyone,
Just checking that you're all still out there and haven't given up. Has no-one got any news on what's going on or any updates on proceedings?

I'm still waiting for St Helens court to send me a court date. Could really do with this being over and get some money back!

Keep up the fight

Mark

daphne67

hi mark

i am still waiting for a court date from my local court in Ashford. to be honest i hope i don't have to go. i have just been following all you guys like a sheep and havent got a clue what to say if i have to stand in the dock, it would be like sending a lamb to slaughter!

daphne

sparky0107

daphne67 wrote: »

hi mark

i am still waiting for a court date from my local court in Ashford. to be honest i hope i don't have to go. i have just been following all you guys like a sheep and havent got a clue what to say if i have to stand in the dock, it would be like sending a lamb to slaughter!

daphne

Hi Daphne,
As long as your witness statement & court bundle are up to scratch, from reading all the other threads, all you have to say to the judge is that the charges imposed on your account are disproportionate to the actual cost of administering them and a fair charge would be between 50 pence & £2.50 maximum, and if the bank can give you an accurate breakdown of the costs as you have already requested, it would show just how disproportionate these charges are.

You stick with it kid and don't get disheartened or worry too much, if the final outcome of the "test case" (ha) is that we're being ripped off you probably wont have to go to court.

Mark

mollymalone

sparky0107 wrote: »

Hello everyone,
Just checking that you're all still out there and haven't given up. Has no-one got any news on what's going on or any updates on proceedings?

I'm still waiting for St Helens court to send me a court date. Could really do with this being over and get some money back!

Keep up the fight

Mark

Hi mark,
Molly here, i believe that you an i both issued MCOL around the same time, My case has been "stayed" by my local court, this was done by the judges before Shabbey applied for a stay! Did post a while ago but think it was when you were away. I am surprised you still haven't heard from your local court, is it maybe worth giving them a ring?
I think I like many others feel a bit downhearted at the moment, whilst I welcome the test case I am furious that banks have been given the right to put our cases on hold in the meantime thereby saving them millions! :mad: :mad: :mad:
Molly.

suelumsden

You dont have to stand in the dock Daphne, it is much friendlier than that, its almost a room with the judge sitting at his desk, I was petrified but it is honestly not that frightening.

sparky0107

mollymalone wrote: »

Hi mark,
Molly here, i believe that you an i both issued MCOL around the same time, My case has been "stayed" by my local court, this was done by the judges before Shabbey applied for a stay! Did post a while ago but think it was when you were away. I am surprised you still haven't heard from your local court, is it maybe worth giving them a ring?
I think I like many others feel a bit downhearted at the moment, whilst I welcome the test case I am furious that banks have been given the right to put our cases on hold in the meantime thereby saving them millions! :mad: :mad: :mad:
Molly.

Hi Molly,
Sorry to hear about your case being stayed, the judges really are spineless not to let the cases in the system continue. I'll ring the court on Monday to see if they're going to allow the case or stay it.

Have a good weekend.
Mark

Archies

Hi, I am trying to reclaim my direct debit charges from abbey, i have requested my statements from the last 5 years and all they have sent me is statements from January 2007 until August 2007, is the correct process and should the previous 4 years follow?

This is what the letter says:

You have asked for copies of bank statements which we assume is to enable you to reconcile your bank charges. We are happy to provide these to you and we enclose copies of your statements as requested. (But i asked for 5 years of statements and they have sent me 8 months worth of statements).

Should you decide to complain to us about unauthorised overdraft bank charges or refer your case to the financial ombudsman service after making a complaint to us, we should make you aware of our current policy on handling complaints from customers about bank charges.

Although we believe the charges are fair, clear and lawful, Abbey (along with six other banks and a building society) have now become involved in legal proceedings with the office of fair trading in relation to unauthorised overdraft bank charges which we believe will resolve the legal issues regarding the fairness and legibility of unauthorised overdraft bank charges.

It would be our normal approach to resolve any complaint throughout internal complaints as quickly as possible.
However, until the determination of the legal issues in the above proceedings,
we have asked the (FSA) to suspend the normal timetable for dealing with bank charges complaints, abd the FSA has agreed to this request subject to conditions that protect your rights.

Given this court case we have asked both the (FOS) and the courts not to proceed with any other case they are hearing until the test case is resolved. FOS has indicated that as a general proposition it will indeed not proceed with cases which rely on the legal issues being considered in the test case.

Similarly, you should be aware that if you choose to issue a claim in the courts, the bank will immediately apply to the court for an order to stay your action until resolution of the banks proceedings with the OFT.

We are sorry that we will not be able to respond in full to any complaint that you make now, but we (together with the FSA and the OFT) think that it is necessary to resolve the key legal issues before we decide how we should respond to complaints.

We can assure you that once the legal proceedings are completed we resolve any complaint you make as quickly as possible.

Does that mean we arn`t going to get anything back?
Also what do you think i should do next.

I would be very Grateful for any help

Archie

sparky0107

Archies wrote: »

Hi, I am trying to reclaim my direct debit charges from abbey, i have requested my statements from the last 5 years and all they have sent me is statements from January 2007 until August 2007, is the correct process and should the previous 4 years follow?

This is what the letter says:

You have asked for copies of bank statements which we assume is to enable you to reconcile your bank charges. We are happy to provide these to you and we enclose copies of your statements as requested. (But i asked for 5 years of statements and they have sent me 8 months worth of statements).

Should you decide to complain to us about unauthorised overdraft bank charges or refer your case to the financial ombudsman service after making a complaint to us, we should make you aware of our current policy on handling complaints from customers about bank charges.

Although we believe the charges are fair, clear and lawful, Abbey (along with six other banks and a building society) have now become involved in legal proceedings with the office of fair trading in relation to unauthorised overdraft bank charges which we believe will resolve the legal issues regarding the fairness and legibility of unauthorised overdraft bank charges.

It would be our normal approach to resolve any complaint throughout internal complaints as quickly as possible.
However, until the determination of the legal issues in the above proceedings,
we have asked the (FSA) to suspend the normal timetable for dealing with bank charges complaints, abd the FSA has agreed to this request subject to conditions that protect your rights.

Given this court case we have asked both the (FOS) and the courts not to proceed with any other case they are hearing until the test case is resolved. FOS has indicated that as a general proposition it will indeed not proceed with cases which rely on the legal issues being considered in the test case.

Similarly, you should be aware that if you choose to issue a claim in the courts, the bank will immediately apply to the court for an order to stay your action until resolution of the banks proceedings with the OFT.

We are sorry that we will not be able to respond in full to any complaint that you make now, but we (together with the FSA and the OFT) think that it is necessary to resolve the key legal issues before we decide how we should respond to complaints.

We can assure you that once the legal proceedings are completed we resolve any complaint you make as quickly as possible.

Does that mean we arn`t going to get anything back?
Also what do you think i should do next.

I would be very Grateful for any help

Archie

Archie,
This is Shabbey's standard letter, you should receive the rest of your statements, which will be on a spreadsheet style format, this is easy to follow. If you do receive statements, they will not have the charges set out on the front page as you normally get them, you have to trawl through all the statements, just look for any figure with CHG next to it, this is what has been taken from you.

Hope this helps
Mark

bendalina

Hi. Wondered if anyone can help me pls? I'm a bit lost on all these different pages and forums. I'm trying to find out the address I write to to reclaim my bank charges from Abbey. I've sent the 1st letter to the data protection ppl to get details of these charges and was preparing 2nd letter. Do I send this to local branch? Or is there a department it needs sending to? Thanks

sparky0107

bendalina wrote: »

Hi. Wondered if anyone can help me pls? I'm a bit lost on all these different pages and forums. I'm trying to find out the address I write to to reclaim my bank charges from Abbey. I've sent the 1st letter to the data protection ppl to get details of these charges and was preparing 2nd letter. Do I send this to local branch? Or is there a department it needs sending to? Thanks

Hi Bendalina
The address you need to send your letter to is the registered Abbey head office which is

Abbey Nation House
2 Triton Square
Regents Park
London
NW1 3AN

Don't forget to send everything by recorded delivery & stick to the timescale. Also when you have to start court proceedings you will probably have to register at your local County curt, because MCOL are apparently not accepting any more bank charges claims.

Hope this helps

Good Luck
Mark