Abbey (merged)

miss-bonkers

hi..am just about to send a court form for charges from "Shabbey", and i'm terrified!!! Anyody tell me what i need to do if things go further!!! I'm stressed!!
Kim

mukuka_mulenga

I am trying to reclaim £2,112.10 in bank charges minus interest from Abbey National. They have sent me a letter advising me that they are prepared to pay £580.00 as a gesture of goodwill, as their charges are not unlawful.They have stated that when opening my account, I was given the terms and conditions outlining what charges I would incur.

What can i DO NOW....obviously my financial situation is between the devil and the deep blue sea,but "their gesture of goodwill" implies to me that I may not get a penny more out of them...

Bewitched2761

carry on to the next stage they do this as a matter of course so people will give up

Bluebirds1975

If your not happy with the offer move on to the next stage by sending them a letter saying you are taking them to court for the full amount plus interest

mamaj_3

Hello

On 24.02.07 I wrote to Abbey reclaiming my bank charges requesting a reply within 14 days.

I received a reply dated 03.03.07 advising they are investigating my claim and would respond in 4 weeks.

I have today received another letter dated 28.03.07 saying they are still investigating my complaint but their research is taking longer than expected and that they will write to me again in 4 weeks to let me know what is going on. I think this is a delaying tactic.

Do you think i should leave it another 4 weeks or should I acknowledge their letter but advise them i am prepared to give them 14 days before i submit my claim to the small courts.

If anyone has had such letters from their banks could you please let me know what you did.

Many thanks:
confused:

Bluebirds1975

Important - Use your time scales and NOT the banks

If the 14 day time scale you gave them has passed move onto the next stage and send them the next letter

the 4-8 week period is a delay tactic.

DO NOT wait

jinkssick

yeah, i had the same thing. i waited and within a week sent me a another letter stating that their fees were legal. so you might aswell start the court process now, coz they are just time wasting.

jinkssick

shabbey must think people are imbeciles, do they really think we are not gonna go to court to get our money?! come on Shabbey have some faith in our will power.

Reclaiming bank charges = money back, every single person in these forums are getting their money back

jinkssick

I have received and Adknowledgement of Service and they are about to defend, typical time wasters, I have 28 days right?! then what happens?

happy22_2

Text of Defence submitted by Abbey - advice please
1. Save as is specifically admitted in this Defence, the Defendant denies every charge and every allegation set out in the Particulars of the Claim.
2. It is admitted that the Claimant has a current bank account with the Defendant, account no xxxx
3. 3. At all times the Account has been subject to applicable terms and conditions which form part of the contract between the claimant and the Defendant and to which the claimant agreed upon opening the account. Then they quote extracts from terms and conditions relating to overdrafts and unauthorised overdrafts quotes terms and conditions 1,2,3

4. Throughout the period that she / he has had the account, the claimant, has received a number of copies of the Conditions and of the said Tariff of Charges as they were amended and updated (though there have been no material amendment to the conditions extracted in paragraphs 3(1), (2) and (3)above

5. any overdraft facility on the account was (and is) subject to the conditions.

6. the claimant had overdrawn or exceeded authorised overdraft limits on the Account on a number of separate occasions, full details of which will be provided with the disclosure. Therefore by virtue of the conditions referred to in paragraph 3 above such overdrawing was unauthorised and in breach of the contract and the claimant became liable to pay fees to the defendant in accordance with its tarrif of charges applicable at the relevant time. in accordance with the conditions, such fees were debited to the account.
7. in view of the facts and matters referred to in paragraphs 3,4,5, and 6 above, the defendant denies that the amount of £xxxx or any other, amount unlawfully debited to the Account and the claimants claim for repayment of that amount is therefore denied. The defendant denies that the claimant is entitled to claim interest in the sum of £ xxxx or at all.
8. The claimant's contention that the said fees are unenforceable and / or "penalty charges" is denied. The fees reflect and are proportionate to the Defendant's administrative expenses incurred due to the Claimant's breach of contract and are a genuine pre-est of the damage suffered by the defendant.
9. Further or in the alternative, even if the said fees are not proportionate to the defendant's administrative expenses incurred (which is denied), the claimant remains liable to pay such fees as may be found to be proportionate and the claimant is not entitled to claim repayment of the full amount of each charge made to the account.
10. No admissions are made as to the amounts are made as to the amounts claimed by the claimant and the claimant is put static proof of the same.