Mrs P v Santander and Robinson Way

[phatram]

The following has just arrived.

 

 

 

 

This is about an O/D which includes loads of bank charges.

[phatram]

Getting daily calls now from RW.

[renegadeimp]

Send the telephone harrassment letter and dont communicate with them. They are only acting on behalf of the bank so cant do anything. Besides, daily calls from then can be considered harrassment.

[sequenci]

Send the telephone harrassment letter and dont communicate with them. They are only acting on behalf of the bank so cant do anything. Besides, daily calls from then can be considered harrassment.

 

Hmmm, not great advice there.

 

OP - Would you mind telling us a little more about the debt, what type of agreement is it and when was it taken out?!

[phatram]

Hmmm, not great advice there.

 

OP - Would you mind telling us a little more about the debt, what type of agreement is it and when was it taken out?!

 

 

 

 

It's a current account I had with Abbey for many years, lots of charges etc, I just never got round to reclaiming them. Don't think it would be statute barred but I will dig out statements and have look.

Mrs P

[sequenci]

A few further questions for you.

 

a) when did you stop paying money into the account

b) when did santander closet he account and call it in?

c) have you ever written to santander?

 

Thank you.

[phatram]

A few further questions for you.

 

a) when did you stop paying money into the account

b) when did santander closet he account and call it in?

c) have you ever written to santander?

 

Thank you.

 

 

a) About 5 years ago.

b)They sent me a default letter in Jan 2010

c) Yes.

9 February 2009

Antony Turbitt

Abbey

Manager

Banking Services

Customer Services (Banking)

PO Box 297

Bradford

BD1 1BR

REQUEST FOR REPAYMENT OF CHARGES

Dear Sir/Madam

SORT CODE ******

ACCOUNT NUMBER ********

My Request

I am writing to ask you to refund to me the charges which you have levied from my account as shown on the enclosed Schedule of Charges. I now understand that the regime of fees, exceeding overdraught 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.

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 have 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. Your concealment of the true nature of your charges has prevented me from asserting my right until now.

What I Require

I calculate you have taken £2035.00 plus £768.14 which you have charged me in interest for the sum which you have taken, totalling £2803.14. I claim interest at an annual rate of 28.70% compounded daily. The Claimant’s case for claiming this rate is based in equity, and a legal requirement for fairness and balance. It is based on your unauthorised overdraft rate that would be applied under the terms of the above mentioned account. I enclose a schedule of the charges I am claiming with this letter. I require this amount to be paid directly into my Abbey bank account.

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 principal 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 will 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, there will be no further communication from myself and I shall issue a claim at the expiry of the second deadline.

Yours faithfully,

[phatram]

19 March 2009

Richard Harris

Head of Complaints

Abbey

PO Box 5129

MILTON KEYNES

MK9 2YN

LETTER BEFORE ACTION

Dear Sir/Madam

SORT CODE

ACCOUNT NUMBER

 

You have failed to respond satisfactorily to my letter of the 9th February 2009 and its enclosed schedule.

 

I enclose a further copy of that letter and a further up to date copy of a schedule of the money which you owe me.

 

If you do not return my money to me within 14 days I shall issue proceedings in the County Court and without any further notice to you.

 

 

 

 

Yours faithfully,

[phatram]

Got as far as doing the POC.

[renegadeimp]

How is it not good advice? The bank has already stated that the DCA is acting on their behalf only. Therefore they can be ignored and the bank dealt with directly.

[sequenci]

How is it not good advice? The bank has already stated that the DCA is acting on their behalf only. Therefore they can be ignored and the bank dealt with directly.

 

The bank are likely to refer back to the dca. Also, there is nothing from the OP that even hints at harassment on part of the lender/dca.

 

It'll be unlikely that reclaiming the charges will be possible due to the OFT test case. You're still a little way off the debt becoming statute barred though you may wish to hold fire to see what they may do next.

[phatram]

Phone call from RW at 8.35 today.

[citizenB]

If you have made it quite clear that you will not deal with them on the phone - only by letter then I think you could send the telephone harrassment letter. The one that refers to "Roberts v Bank of Scotland"

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone&p=4317586&viewfull=1#post4317586