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mariavsabbey

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  1. Thanks for your reply, I really dont want to waste time and money submitting the court bundle if the court have advised i dont need to, my court is Bournemouth County Court.
  2. Hi Marmite, When I rang the courts they told me not to bother submitting my bundle as it would be a waste of time. Maria
  3. I'm so annoyed, I came so far and was nearly there, I knew it wouldn't be plain sailing.
  4. The Abbey Website has also put a statement on there. Says the Test case could go on for more than a year, what a nightmare!!!!!!!! Bank charges What is happening? On 27 July, the Office of Fair Trading (OFT), Abbey and six other UK banks and a building society started a court case to decide on the legality of unauthorised overdraft charges. The British Bankers’ Association has made a statement on behalf of the banks involved. You can read this statement at www.bba.org.uk This case is called a "test case" because the decision will clarify the law in this area and is likely to apply to all current and new claims against current account providers about unauthorised overdraft charges. We will continue to post updates on our website to keep customers informed of progress on the test case as this could run for at least a year. What will happen to customer complaints about unauthorised overdraft charges? Like most banks and building societies, we will not be dealing with or resolving customer complaints on unauthorised overdraft charges while the test case is running. If you do complain about your unauthorised overdraft charges, we will write to tell you that we have received your complaint and that we will record it on your file. When a final decision is reached in the test case, we will contact you as soon as possible to tell you how we will resolve your complaint. We will apply the decision in the court case to all complaints we receive. Why are the banks allowed to stop dealing with unauthorised overdraft charge complaints during the test case? We applied to the Financial Services Authority (FSA) for a suspension of the normal timetable for dealing with unauthorised overdraft charge complaints. The FSA decided that, in the circumstances it was appropriate to grant us a suspension of our obligations under the FSA's complaint handling rules while we sought legal certainty on this issue. The suspension is subject to a series of conditions designed to protect customers' rights. You can read the form of the FSA suspension here: www.fsa.gov.uk All customers who have made a written complaint on unauthorised overdraft charges but who have not yet had their complaint resolved will receive a letter to explain the position with respect to their complaint. Can I make a court claim for a refund during the test case? Yes, but we will apply to the court to put your case on hold while the test case is running. This is because the issues being raised in customer complaints on unauthorised overdraft charges are being considered in the test case. Can I complain to the Financial Ombudsman Service about my bank charges? The Financial Ombudsman Service (FOS) has decided not to review complaints while the test case is running. If you do complain to FOS, you will receive a letter explaining that. What if I have already been made an offer? We will stand by any offer to settle a complaint or court claim that we have already made to our customers. If you have received an offer to settle from us, we will be writing to you again shortly. Our letter will explain that customers have two months to decide whether to refuse our offer and wait for the decision in the test case. If you do choose to refuse an offer, your complaint or claim we will be held and recorded by us until there is a final decision in the "test case". We will then contact you again as soon as possible to finally resolve your complaint. I have already accepted an offer from you. Will my claim be revisited? If you have accepted a 'full and final settlement', we believe it unlikely you would be awarded a further sum even if the test case indicates a potentially larger amount. However, this does not preclude you from asking for repayment of any new charges incurred if the courts find they are unlawful. How long will the "test case" take? At this time it is too soon to give any exact timescales for a conclusion to the "test case" but it could go on for more than a year. We have agreed with the OFT and the FSA to conduct the test case in an efficient, prompt and orderly way. Where can I find out more? Customers can contact us by calling 08456 022631 where they will hear an automated announcement and can then speak to an advisor. Alternatively, you can find more information through the following links: The Financial Services Authority: www.fsa.gov.uk The Office of Fair Trading: www.oft.gov.uk The Financial Ombudsman Service: www.financial-ombudsman.org.uk The British Bankers' Association: www.bba.org.uk
  5. Hi, I have just rung the courts and they have said a stay has been put on my claim due to the test case. I asked whether I still needed to send in my court bundle as this was due in on monday and they have said not to bother. I asked how long this case could carry on for and they said it could be a long haul. Really hacked off as was hoping to recieve this money before xmas. Maria:sad:
  6. Please please please can someone answer my question. Thx Maria
  7. Hi can someone help, I submitted my allocation form on the 9th July but have still not recieved a copy of Abbeys Allocation form, is this right??? Maria
  8. My court date is the 19 Oct but I had to get my bundle in by 6th August, do i not have to rush to do this now? This is soooo annoying, I knew when it came to my turn it would all go wrong. Maria
  9. Hi , I have had a reply and not sure what it means but doesnt sound good, here goes. "Without prejudice" Dear Madam, You may not be aware, however a test case has now commenced in the High Court. We will therefore be asking the Court to stay your case pending the outcome of the High Court case. You will hear more from us shortly on this point. Inga Kirkman Senior Associate Solicitor, NSW
  10. Gosh, I can't believe it Inga has read my email already, I wonder if she'll respond quickly, doubt it eh? Maria
  11. Thanks again for your help, its scaring the life out of me now. Maria
  12. Thanks Marmite and James, Do I print off the whole court bundle? Also I'm thinking of emailing Abbey to se if I can get an early settlement, can anybody give me any guidance who i write too and what I should write. Thx Maria:)
  13. Hi, I have to prepare my court bundle by the 6th Aug, can someone direct me to where I can find details on this and anything else I need to include. Much appreciated Maria:)
  14. Hi, Sorry another question, should I not have recieved a copy of Abbeys Allocation questionaire, as they had a copy of mine
  15. Hi, Sorry another question, should I not have recieved a copy of Abbeys Allocation questionaire, as they had a copy of mine. Thx Maria
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