Abbey (merged)

woodwa5

Lond stroey short went to LBA stage with Abbey (since november) and I have not been able to afford to pay the over £200 required to file against the abbey at court yet and in the mean-time have had loads more problems with them which resulted in me leaving them in January. Since then they have continued to lump more charges onto my account and also paid a couple of debit card items despite the fact there was no money going into the account. These were automatic debit card items which i had forgoten about. I do not and can't have an overdraft facility so how the hell can they pay them? Any way today I received the following letter:

Important you should read this carefully

This is a default notice served under section 87(1) of the Consumer Credit Act 1974.

Dera Woodwa5
Overdrawn Balance: 394.47 (plus interest and fees)

Nature of Breach: Management of account not in accordance with termas and condition

Action required to remedy: Payment of the overdrawn balance of £394.47 (plus interest and fees) to us within 14 days of service of this notice.

If the action required by this notice is taken before this date shown no further enforcement action will be taken in respect of the breach. If you do not take the action required by this notice before the date shown then further action may be taken against you.

We may take legal proceedings for recovery etc etc

You should contact CAB etc etc

XXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXX XXXXX

I am fuming and worried. I can't afford to take them to court at the moment (and would not qualify for help financialy). They have my claim logged (which is well over £7k). I have a couple of credit card claims which i am about to file in court over the next few days and will use some of the money from that to file against the Abbey and Nat West for bank charges. I can't believe they have the gall to issue me with a default notice.

How should i word a reply?

Also they are now saying they are going to charge me interest at the higher rate. Should I now look at counterclaiming all charges against them at the higher rate?

Please help!

Woodwa5

katyw

Hi.

Try posting this on the debt-free wanabee board as there are loads of helpful people over there who have experience with the courts etc.

pamril1

I recently did a sar and paid the £10 fee, I received my breakdown of bank charges and the following week they sent out bank statements from Jan 2007 to present day. I was under the impression that they must give me all the information they hold on my bank account and that they must hold this information for 6 years, so I am a little confused as to why I only received a 1 years worth of statements. I have requested back my bank charges etc but needed statements for 2003,2004,2005 as I have other queries regarding this account. Do you think it unreasonable of me to request these statements and do you think they will send them?

nickmack

pamril1 wrote: »

I have other queries regarding this account. Do you think it unreasonable of me to request these statements and do you think they will send them?

If you used the template from this site, you are requesting charge information not statements. They often choose to provide the charge information in the form of statements however.

If you explicitly ask for duplicate statements, you may be charged per statement/sheet.

pamril1

Thats the confusing thing I did not have any charges in 2007 for them to send me a statement from that year , in fact i've had no charges since 2005. In 2003/04/05 they hammered me with charges but I didn't get any statements from them showing these charges for those years, only a summary of charges (spreedsheet format) from Sept 01 - Dec 06 .The issue I have with them is bank charge related but not to reclaim as I am already doing so. I wish to raise a seperate issue with Abbey from the years stated.

Arizona

Hi everyone,

A while back I claimed for my charges of £1601 from Abbey. I recieved the usual "good will" leeter and a payment of £641. I decided to take them to court for the remainder of the money but unfortunately didn't have the cash to pay for the court straight away.
They gave me 6 months to apply but just before the 6 months was up I recieved a letter stating that the ombudsman was taking Abbey to court and that I should put any further plans I had on hold until the outcome of this case was decided.
Since then I have had my debt from them (my charges made me exceed my overdraft and I owe them £534) past from one debt collection agency to the next but I have ignored all the letters.
However, the latest debt collection agency has actually sent someone to my door twice. Both times I have not been home but they want me to start making payments.
In all honesty I'm scared. I am in a lot of debt and I'm slowly paying it all off. The Abbey debt is the only one I have ignored due to the letter I recieved but I'm scared to ring them cos I'm not sure I can afford anymore payments.

Do I keep ignoreing or just bite the bullet and pay back what I don't deserve to pay?

nickmack

Arizona wrote: »

Do I keep ignoreing or just bite the bullet and pay back what I don't deserve to pay?

If you haven't started the court claim, you should do so.

I'm sure I don't need to tell you that ignoring letters demanding payment is not a good idea. You need to write to the debt collection agency and let them know the debt is under dispute. They should pass the debt back to Abbey.

whoopsupsidedown

Hi I have finally found the courage to take on the big boys! I have sent the first letter (oh how i wish i had read here first that i only need send one cheque for 2 accounts) this was done on the 24th May but i still have not heard from them, what is my next step? Do i have to do it again?

sparky0107

whoopsupsidedown wrote: »

Hi I have finally found the courage to take on the big boys! I have sent the first letter (oh how i wish i had read here first that i only need send one cheque for 2 accounts) this was done on the 24th May but i still have not heard from them, what is my next step? Do i have to do it again?

Hiya,
you need to give them 40 days to send your statements, when they arrive, unlike before the charges will not be on the front page, you will have to trawl through all the pages, and look for anything with a CHG against it, these are the charges that the Shabbey have taken from you. Good Luck

efc40

hi there
right i sent off my first letter with the £10 fee and have just received a letter back from the abbey. in it they have sent me a chart of charges from 2002 to 2006 they said in the letter that the other charges for the last year or so will come in the form of individual duplicate statements . in the chart of charges there are 5 columns of charges, ie: total cleared transaction charges, total direct debit charges ect ect. i take it that you add up all the columns of charges together to get a total..?? . also there is a couple of small refunds during this timescale, do i take away this total away from the main charges total..?? .

now i am going to wait until i receive the charges from the individual duplicate statements before adding them all up, is this correct..??

thanks for your help...