This topic was closed on 09 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

This topic was closed on 03/06/19. 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

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Hi there, I have previousely won a case against Abbey in London by going through my local Sheriff Court here in Airdrie, Scotland but this time I have received the following letter back from the same court (I have missed out the unimportant bits)...... "I return Small Claims Forms 1 and 1b as there are no grounds of jurisdiction that would allow this court to deal with the case. Jurisdiction is normally based on the domicile or place of business of the Defenders. In cases such as these we suggest that the local branch of the bank be given rather than the head office. However, as you will be aware, there are no branches of Abbey based within the jurisdiction of Airdrie Sheriff Court and therefore I can see no basis for the action being raised at this court. I enclose fresh Forms 1 and 1b which you may wish to complete giving your nearest Abbey branch address as the Defenders' place of business. Provided reference is made to the grounds of jurisdiction within the statement of claim, this amended Small Claims action can be lodged at the relevant court." By the way, their statement that there are no branches of Abbey "within the jurisdiction of this court" is incorrect. My local branch is in Cumbernauld which is within the jurisdiction of the court. I was always under the impression that I can raise a claim against somebody at the court nearest to where I live. I dont want to raise the court action at a court in London due to the distance involved. Any suggestions here??????

Hi, open parachute account PDQ then claim for every penny they owe you. Good luck, Paul.

Hi, have received "ACCOUNT ADJUSTMENT" of £430 into my account on same day shABBEY received my recorded delivery letter (LBA) claiming £720 in charges. No letter/ e-mail from them at all. Do I write back and aknowledge this payment and minus it off my claim OR continue with my court case anyway and ignore it (as they haven't informed me what it relates to)?????? Thanks, Paul.

Sounds sensible, thanks, Paul.

Hi there, sent a recorded delivery letter to shABBEY to claim £720 in charges. Went to Royal Mail website and printed off the signature and date of delivery for this letter (delivered 8th September). I threatened court action if they did not pay up within 7 days. I have received NO responce from shABBEY at all. Today I was preparing my small claim forms when I thought I would phone up to check if anything was paid INTO my account since 8th September (apart from wages). On 8th September £430 "ACCOUNT ADJUSTMENT" has been paid in. REMEMBER....I HAVE RECEIVED NO LETTER FROM shABBEY Do I accept this in writing and claim the remaining £290 from them OR proceed with my small claim through the courts for the remaining £290 straight away??? Any help much appreciated, Paul P.S. still have about £3000 in charges to claim back...am going for £750 at a time.

OK, thanks for help, will advise..... Paul.

Hi, his account was only opened in about 2003. I will advise him to do the SAR letter. Thanks, Paul.

Hi there, this is on behalf of my brother-in-law who is just beginning a claim against LloydsTsb (I am claiming against Abbey myself). He has his statements printed off internet banking which show the total charges for each month ie "Total charges September 2004 £310." For the purposes of his claim (and later court case) does he need a breakdown of each individual charge instead of this total for each month? If what he has if sufficient then he won't need to go through the hassle of a DPA request. Any help regarding this much appreciated. Thanks, Paul.

Hi, yes.....won £228 back in the spring (£184 + interest + costs). Just "testing the water" there. It worked. Now going for bigger claim. Good luck, Paul.

Oops, sorry folks, I thought this was a new story. My apologies....so are small claims still going through OK? I am starting a claim through Moneyclaim today as I have received no reply from Abbey regarding my request for a refund of charges. Again, sorry for giving anyone a heart attack. Must be all the stress of dealing with these banks! Paul.

Hi, just been doing some research on this Mercantile Court situation and came across a website that has an article stating that County Courts in England are now refusing to hear Bank Charge Refund Cases due to an upcoming test case at a Mercantile Court in London later this year. Go to Financial News, City News, Mortgages, Loans, Savings, Pensions, Market Reports | This is Money and type "bank refund" into the advanced search box. Story number 2 is titled "Bank refunds put on ice by court...." What implications does this have for us all? Does it apply to claims going through the small claims court? Any suggestions from anyone (MODERATORS PLEASE HELP!!!). Is this not a big story? Paul.

Sorry but I am in total shock.....phoned Abbey to cancel all of my direct debits as I am opening a parachute account prior to reclaiming charges. Got the usual foreign call centre on the other side of the universe (he kept saying, "so you want to set up a direct debit?" "No, I want to cancel them." This went back & forth about 4 times). Got there eventually....then realised that I had forgotten one so I phoned back............ OH MY GOD, THIS TIME THEY HAD AN ENGLISH ACCENT!!!!!!!!!!!!!!!!!!Do you think they were on a bus-mans holiday??? !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!