burny vs abbey and capital one

[burny]

hi there

I'm burny

25, Scottish and financially suffocated

 

I'm looking to start 2 claims, one to abbey and the other to capital one

 

I'm still in the process of looking at all the information on the forums

I'm a bit overwhelmed with the amount of information, which is a good thing i suppose so god willing and with lots of coffee i intend to form a plan of action to retrieve my cash from the big evil nasty banks

 

so heres my story

 

i apologize if you find any of the following confusing, my memory is not what it used to be and i find it hard to put memory's to word (in other words I'm stupid)

 

abbey

 

i opened a student account with abbey when i started college

i was given an overdraft which over the course of the next 3 years was increased incrementally till it was standing at £1500

 

now a few years after i left college i was still in the red but where still using my account working of the premise that -£1500 was really £0.00

then without any prior notification they reduced my overdraft to £1000 which sent me £500 over my overdraft limit and various cheques to be returned

 

you can just imagine the field day "abbey" had incurring charges (to catch up i had to work full time for 6 weeks and it took the full 6 weeks worth of wages to recover)

 

i contested this and that they at least could've shown me some notification that they were going to reduce my overdraft but the whole affair seemed to fade into "we'll get back to you" limbo

 

if this wasn't bad enough, a year later they pulled the same stunt with the FULL amount and then as a gesture allowed me a £700 overdraft facility, as i was unemployed this was way too much form me to overcome and they closed the account and sold the debt on, which currently stands at £1000 ish

 

along with these incidents and my uncanny attempt to go over my limit by even the smallest of denominations, i have incurred an insane amount of bank charges which i had paid, and i am confident if i am able to recover these charges this would cover my overdraft debt as well as leave me some pocket change

 

opinions please?

 

as for capital one

 

nothing special

just missed the payment deadline numerous times

sometimes the bank will transfer the payment within a day sometimes the full five days

and once again the bank charges i have paid, if recovered would clear the outstanding debt

 

capital one has this very day just charged me a £20 for going over my limit

in every case with capital one its there interest that put me over the limit

 

obviously i should practice better banking but i hardly think that going £3 over my limit via interest that they charge me constitutes a £20 bank charge

 

I'm am not paying anymore money to capital one from this day

I'm unemployed just now, £20 is a lot of money and from what Ive read on this site abbey and capital one's charges are not only unfair but illegal, and so hopefully with the help of this site my financial state will be on the mend

 

I'm aware that the time limit is 6 years and i am very sure that these incidents all fall within that time frame,

 

i have read the faq and am unsure how to proceed in way to scottish law

 

and so once again any opinions about what my chances are and where to start would be eternally appreciated

[gargoil]

Read the FAQ very helpful and makeswhat looks like a complicated rocess quite simple...

 

1.Send Data Protection Act Subject Access Request to bank

2.Receive statements within 40days and calculate charges.

3.Send prelim letter asking for money back giving 14days to act.

4.Send letter before action giving further 14 days to comply

5.File a claim at court

6.Go to court.

 

Might not come to 5 or 6 but I think if your struggling for money or are claiming a substantial amount it is well worth going the full hog. The bank may call your bluff by taking you right to th eend but not actually going to courr. I've just sent my prelim letter to Cap One for £540 so I hope they make it easy for me but I'm prepared to play the game until I win! The worst case scenario is you end up £40 out of pocket for court fees if you loose, but highly unlikely! Good luck!!

[charlieho]

Would also suggest that perphaps you get an alternative bank account and contact either CCCS or Payplan both offer FREE debt management plans.