This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

It is normal to have some difference in size. In fact having identical breasts is, as far as I know, unheard of. Of course I haven't seen yours and if there is a whole cup size different then that does sound like it might be a bit noticable. However it may not be. It may be that you're the only person who has noticed. Of course if you can't live with them as they are then obviously that is still a problem.

Got a letter through asuging me that the charges do not contravene regulations. But they've refunded £793 and canceled £100. How nice of them Probably not going to stop me from going to court though.

I bought myself a chair with some of the money. A comfy computer chair, all the better for sitting in while I work on the spreadsheets and court documents. Bwa hahahahahahah

I went' to the cash machine today and found a whole lot more money that I was expecting in my account. They appear to have refunded 25 charges. I'm not really feeling up to checking if that's all of it right now as I am a bit drunk from my birthday night out. And the mad fools haven't sent me a letter or anything. As far as I can tell the money is mine. Q

Capital one have replied to my LBA withdrawing their goodwill offer. So it looks like I'll be going to court with them as well as Abbey. Oh well I've got nothing to loose except annother chunk of money.

Got a letter from Abbey. they are currently investigating my complaint and they are sorry for the delay. Their reserch is taking longer than expected. I wonder if they actually bother to read any letters that don't come from the court? H

Got the usual crab reply and sent off an LBA. Used the Goval Legal Centre version as it seemed a bit more... butch.

Have replied in the negative and sent an LBA

Got a reply from Capital one. The usual stuff about how they think their fees are fair and they disagree with thte OFT. However they are offering to reduce all my fees to £12 as a goodwill gesture, I'd probably have accepted this just to reduce the hassel if it weren't for the fact that they've just re-instated the overlimit fee on my account even though I am following my agreed payment plan and they've threatened me with a Debt collection agency. Any suggestions for my reply or how I should re-word the complaint settlement form? Q

I'd like to know this too. Abbey have takenn at least £2000 from me and I'm not sure what the best track for a claim in Scotland would be.

Letter away. Now I just have to wait.

Letter posted. Now I just have to wait.

Thanks for your comment.

Well it turned out I couldn't afford to post the letter. Now I can. I've adjusted the letter so I thought I'd post the adjusted form here so you guys can check it out before I make a fool of myself. Dear Sir/Madam, ACCOUNT NUMBER: XXXXXXXXX My request: I am writing to ask you to refund to me the charges which you have levied from my account over the last 3 years I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. If you say that they are not then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches in order to reassure me that your penalties really do reflect your costs. Additionally it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary. These charges are causing me considerable discomfort. The benefits that are paid into this account are my only source of income and in paying these charges I find that I am running out of money. Last month we very nearly ran out of food and when this month’s charges are paid I expect to have difficulty feeding my children and I will probably have to go without food myself for a couple of days. Your responsibilities: I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. You concealment of the true nature of your charges has prevented me from asserting my right until now. What I require: I calculate that you have taken £1,981.00 plus interest of £19.75 that you have charged me in overdraft interest for the sum which you have taken. The total is £2,000.75 and I request full payment of that amount. This includes the charges that will be taken from my account on the 17th of August. My targets to resolve this matter: I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment. If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. After that will be no further communication from me and I shall issue a claim at the expiry of the second deadline. Yours faithfully,

Finnaly I have enough money to pay for the postage. I have adjusted the standard letter and I thought I'd post it here before I post it for real. Dear Sir/Madam, ACCOUNT NUMBER: XXXXXXXXX My request: I am writing to ask you to refund to me the charges which you have levied from my account over the last 5 years I now understand that the regime of fees which you have been applying to my account in relation to over limit fees, late payment fees and so forth are unlawful at Common Law, Statute and recent Consumer regulations. If you say that they are not then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches in order to reassure me that your penalties really do reflect your costs. Additionally it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary. I have been trying to avoid these fees by paying an agreed amount every month. Now I have been informed that Capital One has changed it’s policy and that I will be charged an over limit fee every month. I have also been threatened with a Debt collection agency. I am left with no choice but to ask you to refund the charges as this is the only way I can pay off the over limit amount and avoid future fees and harassment. Your responsibilities: I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. You concealment of the true nature of your charges has prevented me from asserting my right until now. What I require: I calculate that you have taken £634 and I request full payment of that amount. My targets to resolve this matter: I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment. If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. After that will be no further communication from me and I shall issue a claim at the expiry of the second deadline. Yours faithfully,

Adjusted the preliminary letter and got it ready to send.

Right that's the spreadsheet done and the letter printed off. It turns out they owe me £1656 plus interest of £16.34. I'll be posting the letter tomorrow. Q

I suppose I'll give up on the idea of interest then and just send the preliminary letter from the library. Q

I have had it with Capital One. I've been trying to pay off my overlimit amount for ages. I've been paying off as much as I can. They agreed to stop charging me as long as I was paying them regularly. They were phoning me every week to remind me that I should pay off as much as possible and to ask, politely, if I could pay off more. Just recently the phone calls have been getting less and less polite. Today they told me that they are going to start charging me again and if I don't make a big payment soon they are going to sell the debt to a debt collection company. So I got out all the statements I could find for the last 5 years and put them into the spreadsheet and it turns out they owe me £634 not including interest. My total debt to them is £679. So I need some advice. Firstly do I add interest and if so how? Secondly am I right in thinking that I send the Preliminary Letter then the Credit/Store Card Letter? Thirdly do I have to do anything differently in these early stages because I live in Scotland? Thanks for your help, Q

Yeah that's my plan. I just need to get some time on the computer so I can fill in my spreadsheet. Q

I thought I'd try to avoid the DPA troubles and request the back statements online. I got a microfiche letter and Have filled in a form allowing them to debit £10 from my account. As soon as the money comes out of my account I shall start bugging them for my statements. It doesn't matter too much if they take their time over it. I'm in Scotland so I can only claim up to £750 in the small claims court. The statements I already have show charges above that. Q

Thanks for that. Very useful.

That news about the benefits is good. I had no money at all last week cause it all went to pay off bank charges so it's good to know if that happens again I've got something I can do. And, Abbey can't withdraw your overdraft without giving you written warning. Nationwide did that to my other half and he complained to the Banking Ombudsman and it got sorted out.

Thanks for your comments. I'm not sure what you mean about the banks not touching my benefit money. This week it got paid into the bank and disapeared into the black hole of charges. Hopefully next week I shall have some money. Q