Abbey and bank charges

[gust]

I used to have an abbey account with overdraft - and was sent the letter below.

As you can see they were taking my overdraft off me.

10 days later I get this letter as below

 

So I go about my business as usual.

 

Then in december i get about £90 in charges for some card payments with not enough money in acc and interest while overdrawn.

 

Later I find out my overdraught was reduced to £350!

 

Then some D/D's shot me over the new £350 limit.

 

I am pretty sure I told them about the letter saying i have STILL got £600 limit and as far as i can remember i was told it was a mistake and they are stepping down my overdraft.

 

From sending SAR to them some time ago I have noticed they said the charges will be taken jan 18th and they didnt wait till then and took dec 18th.

 

Which was the same day i put a cheque in there from work and then it was mostly eaten by the charges

THEN i find duplicated charges on the 18th jan anyway! for the same amount.

 

More D/Ds bounced in jan and some other stuff which got taken by 18th feb.

 

I spoke to abbey and was told there is nothing they can do so had no option to open an acc with another bank to stop they eating up all my wages!

 

I was very annoyed they refused to help me, so the wrong thing to do i know.. but i defaulted with them and they closed the account.

 

 

SO in this situation i got charged approx £210 and interest charges too.

 

surely this is unfair? I want to claim bank charges back.

 

Its roughly £600 from open to close of this account.

Do i claim them all back?

There charges then where £35 for unpaid D/D,

£20 for overdraft thats not auth £20 and £30 for clearing visa card payment while overdrawn.

 

So what do I do?

thanks cagsters

[dx100uk]

sadly following the FSA case bank charges claiming is off limits unless you can plead hardship

 

which after more than 6yrs [they'll be outside the limitations act period]

 

you stand sadly no chance.

 

dx

[gust]

Thanks DX -

 

This one was defaulted and i was advised to try reclaim this against a debt to a DCA in a different thread - so this cant be done as it has passed 6 years then?

 

one min they said o/d gone next its there then its gone again.

 

nevermind - thanks for posting

[gust]

actually the default was July 2007 and abbey sold debt in May 09

 

Still no chance DX? thanks

 

 

Also on another note this default would run to July 13... But has dropped of my credit file last month? any idea why it has dropped off early???

 

thanks

Edited August 5, 2012 by gust

[BRIGADIER2JCS]

Hi Gust, looking in as requested.

 

May be just a gift from above, it does some times happen.

Otherwise the account has been sold on and the purchaser

will update with their info.

 

Make Sure if this happens that the default date remains

the original date.

[gust]

many thanks

 

I will do indeed - thanks

[dx100uk]

if the default has gone - so should the whole account.

 

dx

[gust]

Thanks dx. The default was from 2007 and due to drop off next year so dispite it going early i wondered if i can still get the charges reclaimed? I have full sar details which would prove hardship. Thanks

[dx100uk]

i doubt it but worth a try.

 

dx

[gust]

so whats the bcob business all about?

 

i dont think their actions were very fair or even compliant

 

if you look at the attached pics you can see the dates of when they said they withdrew my overdraft - but then follow that with another telling my i have one still.

 

this made me think i DID have one and didnt think it would go still due to the last letter - this of course caused charges and was eating my income

[rebel11]

Hi gust

 

Have a read of number 14 in my signature.

 

Depending how you get on, you could consider writing a letter of complaint to :-

 

Ana Patricia Botin, Chief Executive

ceo@santander.co.uk

[gust]

thanks rebel - there are a few pointers on there i feel have been breached.

 

just formulating from the statements of what i consider wrong and will post up soon for further advise.

[gust]

ok more details

 

Refusing to discuss financial difficulties and to suggest positive solutions

 

Unexplained peremptory withdrawal of overdraft facilities - once again, the length of time that the account or overdraft has been in place is highly relevant - especially in respect of small businesses

 

Charges on bounced D/D's or cheques

 

Charges on paid D/D's or cheques

 

Treating bank-imposed charges as unauthorised. (RBS) has already conceded as a "gesture of goodwill" on this BCOBS point)

 

Levying charges upon charges - (RBS has already conceded as a "gesture of goodwill" on this BCOBS point)

 

Charging more than cost for duplicate bank statements - £5 fee is probably unfair

 

visa payment paid when there was not enough money in account.

 

Example overdraft limit £600 – accidentally used my card went to £611 - £11 over noticed this and borrowed £15 to rectify but 3 days later. THEN charged £20 for going over overdraft AND £30 for visa payment when not enough money in. plus the £5.70 interest total £50 for going £11 over and TRYING to rectify it also.

 

Then next month looking at the statements I didn’t go over the £600 and got charged : £20 overdraft that’s not been authorised, £30 clearing D/D while overdrawn, £30 for visa payment while overdrawn and another £30 for another D/D while overdrawn = £110! with interest taken of £7.52 on top.

 

Was even more charges later – some for £35 for D/D NOT paid because not enough money in account. So £5 More than the ones they let go out in same situation as before!

 

I was paying in as much as possible to sort this all out but the charges were more than I even could spend myself and they reduced my overdraft to £350 without any notice. I got it down to -£123 but the charges sent me further into it. MY statements clearly show as to me putting odd amounts in to TRY keep myself above limit when I realised and had further charges following of £80 then another for £80 then £55 of which I got FED up with and then used Natwest to I could at least have some money to feed myself with!

 

What do you think? I had left a full time job whist in one town - moved to another town to start over with a lass i met at the time - I kept my limits clear and sought agency work that was weekly paid and paid in as much as possible before the agency paid me via BACS and abbey still crucified me.

[gust]

i just read this statement from a pink pop up window saying statute barred.

 

is this correct?

 

In respect of bank charges claims or PPI claims, you have 6 years to claim from the date on which you could reasonably have discovered that you should not have been paying the money.

For bank charges claims you can claim as far back as 1st Jan 1995.

[BRIGADIER2JCS]

That statement is correct, and is very useful given that many people were unaware thatPPI had been added to thir accounts.

[gust]

best way to proceed? thanks

[gust]

i quote another thread that has just been posted

 

 

BANK say that because the charges are so old I cannot claim as the limitation act prevents it. However a friend says that as I didn't learn about reclaiming these Natwest charges until 2011, Section 32 of the Limitation Act 1980 could entitle me to claim;

 

“the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.”

 

In that respect I paid the charges mistakenly thinking they were lawful, the bank deliberately concealed their true nature. It was a random conversation in 2011 that led to my being alerted to the possibility of reclaiming.

 

 

would this apply to banks charges AND credit card charges? Mine adds up to about £600! cheers

[dx100uk]

yes

 

dx

[gust]

thanks DX

 

so how do i go about this reclaiming?

 

many thanks

[dx100uk]

read my sig?

 

dx

[gust]

thanks DX

 

i am struggling to take on board this and that as i have so many different problems im trying to juggle at the mo! my head is beginning to fry with it all.

 

i will read 3 and maybe 6 on your sigs then! thanks

[dx100uk]

unless you are prepared to goto court

 

you certainly wont get anywhere

unless you goto court

 

i've got to admit i dont think you'l do it

charges even inside 6yrs let alone outside.

are almst impossible now

 

i've not seen anyone get bank charges back.

 

dx

[gust]

even regarding #17?

 

i think i will concentrate on t4ts for now although i still want to suss out the bcobs stuff for this sometime soon as they were pretty ropey in how they conducted business

[gust]

deciding to exhaust santanders complaints dept

 

can some one tell me -

 

legally does letter 2 Estop letter 1? because if it does then they should not have given me all the charges and removed the overdraft. Or at least refunded the charges.

[gust]

ok TRYING to get my head around this.. sorry if being thick!!!

 

lets say I didn't learn about reclaiming these Abbey bank charges until recently so Section 32 of the Limitation Act 1980 will entitle me to claim?

 

Last charges to myself on the this account was 18/02/2007

 

"you have 6 years to claim from the date on which you could reasonably have discovered that you should not have been paying the money. For bank charges claims you can claim as far back as 1st Jan 1995."

 

“the period of limitation shall not begin to run until the customer has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.” and from now to last charge falls UNDER 6 years.

 

If I can claim back to 1st jan 1995 my first charge was 18 aug 2004 so within this date.

Total charges of £841 +8% = (£67.28) totalling £908.28

 

if I can only claim back 6 years from today it was 01/09/2006 = £215 + 8% 232.20

 

What can i actually try to claim here?

 

anything back to 1/1/2005??? or only 6 years back - im confused by the statement in red above