Abbey (merged)

kwizzy

Court hearing this afternoon, cheque in full settlement received yesterday in post with no time to present let alone clear altho' I only gave them until 5 Feb to settle for this very reason. They want us to drop the case but we do not have the money yet! Do we still go to Court and see what the Judge says? The cheque appears to be from solicitors but this doesn't guarantee it ...

weeksy59

kwizzy wrote:

Court hearing this afternoon, cheque in full settlement received yesterday in post with no time to present let alone clear altho' I only gave them until 5 Feb to settle for this very reason. They want us to drop the case but we do not have the money yet! Do we still go to Court and see what the Judge says? The cheque appears to be from solicitors but this doesn't guarantee it ...

Nice one....

i don;';t really have a constructive answer for you... but i'm pleased you seem to have got the resolution

johnnyroper

i am about to post off letter to abbey asking for money back,do i send it to the address i used to request the statements from initially?

kwizzy

johnnyroper wrote:

i am about to post off letter to abbey asking for money back,do i send it to the address i used to request the statements from initially?

I sent mine to Customer Services at Head Office. Keep doing that until you get a reply from someone different. It will go thru' the legal department eventually if they don't agree to repay.

kwizzy

Originally Posted by kwizzy
Court hearing this afternoon, cheque in full settlement received yesterday in post with no time to present let alone clear altho' I only gave them until 5 Feb to settle for this very reason. They want us to drop the case but we do not have the money yet! Do we still go to Court and see what the Judge says? The cheque appears to be from solicitors but this doesn't guarantee it ...

Latest: Court Manager told me to fax the Court saying the defendant had settled (too late to clear cheque in advance) BUT asking for the claim to be reinstated if the cheque is not honoured.

johnnyroper

thanks kwizzy its going in post now recorded delivery

vis_2

hi i'm sending a postal order to cover the cost of 6 years worth of statements.
1.. do i just make it payable to abbey
2.. do i need to write on the back anything else

thank you

Edinburghlass_2

Just make it payable to Abbey and no need to write anything on the back.

£Wise

Hello. I've been fighting my bank to refund some of the £140 of bank charges they charged me on December 27th....Below is the initial letter I sent to Abbey and the subsequent (snotty) response I received a few days ago.

Do I have a case? What should I do next? Please read and let me know your thoughts...



Abbey National PLC
Abbey National House
2 Triton Square
Regent’s Place
London
NW1 3AN


Dear Sir / Madam,

Re. Account number:

I am writing to request that you repay the default charges that have been applied to my account in December of last year. I do not believe these charges reflect the true cost to Abbey of going into unauthorised overdraft or clearing a direct debit whilst overdrawn.

I believe I have been unlawfully deprived of the money and therefore request that you repay me the full amount.

On 27th December I was charged four instances of £30 for clearing a direct debit whilst overdrawn. I was also charged £20 for an unauthorised overdraft that day. The total charges laid against my account on this day totalled an extortionate £140.

It is extremely unfair to have continually allowed the transactions to take place on the 27th knowing the account was overdrawn.

Whilst I realise that these are your published charges, I have also read the article on Money Saving Expert that states bank charges are not legally enforceable and could be a breech of the 1977 Unfair Terms (contracts) Act, the 1999 Consumer Credit Act (Unfair Terms in Consumer Contracts) and possibly the Sale of Goods Act.

The reason for insufficient funds came about due to a delay in payment for private work and I spoke a customer service agent to make good the outstanding balance.

I have been a customer of Abbey for nearly 20 years and I am disgusted with this treatment.

I want to be refunded these charges in full and expect a response to this letter within 14 days.

Yours faithfully,



Dear Mr

Thank you for your recent letter.

With regards to the Consumer Contracts Regulations 1999.

We don't accept that Abbey's charges are unfair under these regulations. The object of the 1999 Regulations wasn't price control nor were they intended to interfere with people's freedom to agree the terms of their contracts.

It's well known that banks make charges and Abbey's charges are in line with those of other banks. The terms and conditions of the account and the charges that apply are clear and fair and were provided to you at the time you opened it. You freely agreed to the terms and conditions and the charges when you opened the account. You weren't under any obligation to do so and could have gone to another bank if you didn't agree to our charges. Equally, you're free to move your account to another bank at any time if you don't agree with them.

In any event, we don't agree that the charges are disproportionate. They are reasonable and proportionate to the administrative costs incurred to Abbey in dealing with the matter.

Charges are applied automatically but, we realise that mistakes can happen. This is why we're always prepared to review accounts when asked to do so.

However, on checking your account I note one charge had already been reversed (edit: an unrelated charge on a separate occasion) by our telephone advisor as a gesture of goodwill. I regret therefore that I'm unable to refund any more on this occasion.

An investigation of the charges relating to your complaint has been carried out. As they've all been applied in line with our current tariff of charges and haven't arisen as a result of a proven Abbey error, no further refunds will be applied.

Please be assure 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 within that time, I'll assume that everything is resolved and will close your file.

If you remain dissatisfied though, the leaflet you'll find with this letter explains your rights and how to take your complaint further with Abbey. The leaflet also explains your ultimate right to refer your complaint to the Financial Ombudsman Service.

Please can you ensure that the above reference is quoted in full in all correspondence. This will then ensure that your letter is forwarded to the appropriate team to be dealt with.

Yours sincerely

Beverley Bilaszewski
Banking Servicing

Edinburghlass_2

&#163 wrote: »

Hello. I've been fighting my bank to refund some of the £140 of bank charges they charged me on December 27th....Below is the initial letter I sent to Abbey and the subsequent (snotty) response I received a few days ago.

Do I have a case? What should I do next? Please read and let me know your thoughts...

Standard letter, send off the next one using the templates.

Make sure though that you haven't included the charge that they have refunded you already.



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