Can I get this abbey default removed?

[cadencealex]

... you don't have the account number anymore, that you used with the Abbey National?

 

I was previously with them a few years ago and ended up owing them 2k mainly in bank fees.. which they then defaulted me on.

 

How can I go about getting the accounts, without an account number?

 

I want the default removed, however, it reads as settled I think on my credit file.

[noobrider]

send the data protection act SAR and give them as much detail as possible addresses etc, shouldn't need an account number

[cadencealex]

Hi

 

 

Just sent a S.A.R - (Subject Access Request) to Abbey requesting my accounts from them - could not send them an account number as I did not have it.. but tonight found statements for two years. In one month alone I was charged £675 - have now got account number and realised that their account was started when I lived with my parents and then when I moved out it continued.

 

I presume the account is closed as it defaulted at 2k or 4k - can't remember which now, will need to get Experian file... but it comes up as Settled now, I am sure of it. Although I don't remember ever paying them off, so I don't know why it is settled.

 

For the last few months of the account I didn't pay a penny in, so I KNOW I can't claim charges back from those times... but I can claim charges back from the months when I was paying in. Can't I? I don't want any money other than what I am owed, and some months I was charged £300 plus - I don't know how I lived.

 

Because the account was so badly in arrears at the end... what chance have I got to claim?

 

A hell of a lot of money would come back from this claim if I could only get it right... but if any of you could see the statements and the charges... you'd be scratching your heads - I have just tried to write down the charges but wonder if it is worth it now, seeing as this looks like its going to be complicated.

 

Has anyone else seen similar on here, or is there a thread?

[Bigmac versus]

Hi Cadencealex, no matter how you ran your account the banks have taken your money making you get in this mess in the first place, I would wait until you got your reply and tot up all the charges, whilst waiting for it to come through please read all the faqs and as many posts as possible as this will give some light on your next move, when you send in your prelim letter asking for it back also make it a condition that you want any bad remarks on your credit file removed as this was down to these penalties, keep with the tried and tested process and you will get there in the end, good luck mate.

[cadencealex]

My Abbey National account has been defaulted and passed onto Wescott. I spoke to the Abbey today who told me that it's nothing to do with them anymore as the debt has been sold and basically the guy said the Abbey aren't interested. I told him the default is solely due to account charges - he told me there was no need to send a SAR as I could just send £10 and they would release my statements from 2002 - then I could follow their complaints procedure.

 

Many of the charges were paid off each month as my salary went into the account... but in the end, I stopped paying my wages into that account and got another one. One month there was over £600 in charges, and another, £300 plus in charges - the defaulted balance is just under 2k I found out today.

 

I have sent the SAR anyway.

 

Is there anything I can do in the meantime?

 

What do I do to go about getting default removed?

[Tinkerbelle]

Wait for your statements to arrive, and make sure that you include the request for default removal in your letters requesting the refund of your charges.

 

See the template letters in the library for more info. Make sure that when you file your money claim, you include the request for default removal on your claim.

 

Good Luck.

[cadencealex]

Wait for your statements to arrive, and make sure that you include the request for default removal in your letters requesting the refund of your charges.

 

See the template letters in the library for more info. Make sure that when you file your money claim, you include the request for default removal on your claim.

 

Good Luck.

 

Yes, I don't want to rush into anything at the moment as I want everything to be right - am tackling HSBC right now which is all we will get through this year, so when all the statements come through for next year, I'll tackle each company one at a time so as not to get confused.

 

Abbey National were ruthless....

 

Thanks for your reply

 

Caroline

[cadencealex]

I have enough statements to prove that my default with the abbey national is comprised almost WHOLLY of unfair charges.

 

I have sent the SAR requesting ALL the statements though to see what other charges they have levied against me to claim them back.

 

Can I send this letter now though, the S10 - I have not yet sent a pre-lim to Abbey, although I have enough info on charges to do so?

 

Also, what is the follow up to the s10 - i.e what is their standard response, what do u do after that?

 

thanks in advance

[philread1]

Hello Cad

 

If you have ALL your statements for the period you are reclaiming charges over, then you don't need to request any information under the data protection act. You can fill in the spreadsheets with all the charges that have been levied on your account, then dive straight in with the Prelim letter asking them for your money back.

 

If you have'nt got all the information, or you have parts missing that you would like to have, then you send them a SAR, and this then gives them 40 days to get the info to you under the DPA.

 

Once you have done this, they will acknowledge it with a bog standard letter telling you that they are looking into your complaint and some rubbish about info on their system being stored on microfiche, which is an age old filing system which they think lies outside of the DPA(but it is'nt!!!!), and that they will get it to you when they can. After you receive this letter there is a template in the library on this site that you can send them that tells them that basically they are wrong and the 40 days are ticking!!!!

 

After the 40 days, you can then put in a claim based on the statements you have in your possession, whilst you wait for them to get the other info to you. At the same time you can send them a prelim letter for non compliance to your SAR, which gives them a further 7 days to get the info to you or you'll take them to court for it.

 

Come back for any further advice as you get down the line of getting your money back. Its no easy ride, but is one worth fighting for!!!!!

 

Phil:)

[Tinkerbelle]

Make sure that you include the request for default removal during your claim for charges.

[modifydirect]

If in response to a subject access request the company supplies a PHOTOCOPY of the original agreement with signatures, is this valid?

[cadencealex]

If in response to a subject access request the company supplies a PHOTOCOPY of the original agreement with signatures, is this valid?

 

I would think so... they wouldn't send the original out, I'm sure? Although when applying for accounts etc.. banks will not accept photocopies, so why should you?

 

 

Interesting point

[cadencealex]

I owed over 2k to Abbey National, 95% was charges, seriously, they were ruthless in 2002/2003.

 

They had a default on my file for 6 years which has now gone.

 

Is it too late for me to do anything?

[Bigmac versus]

Well they will argue the limitation act will prevent you from claiming as 6 years have passed. You mention 2003 but that the default has been removed now, did you have charges in 2003? do you have your statements as this may be the stumbling block.

[cadencealex]

Well they will argue the limitation act will prevent you from claiming as 6 years have passed. You mention 2003 but that the default has been removed now, did you have charges in 2003? do you have your statements as this may be the stumbling block.

 

I have some statements, but not for the whole length of the account - I couldn't believe my luck, when I turned 18 and they chucked a £100 cheque guarantee card at me... It messed me up for years..

 

I am just so annoyed that they have messed me up for getting credit over the years, and the default had gone last year... I don't know why.. it isn't showing on Equifax, Experian or Checkmyfile.

[BankFodder]

Put the claim in now. Don't delay any further. Let them argue the limitation point.

You have been registered on this site since 2006. Why have you delayed?

[Bigmac versus]

I have some statements, but not for the whole length of the account - I couldn't believe my luck, when I turned 18 and they chucked a £100 cheque guarantee card at me... It messed me up for years..

 

Yes unfortunately thats when they get their hooks in, ive often wondered if some sort of financial advice was made part of school curriculums would so many leavers fall into debt or have such an uphill struggle at such an early part in their adulthood life.

 

I am just so annoyed that they have messed me up for getting credit over the years, and the default had gone last year... I don't know why.. it isn't showing on Equifax, Experian or Checkmyfile.

 

 

The default is only there for 6 years then it will be removed.

[cadencealex]

Put the claim in now. Don't delay any further. Let them argue the limitation point.

You have been registered on this site since 2006. Why have you delayed?

 

 

I had to put everything on hold for the past few years - life dictated this unfortunately.

 

Now I am ready to start again, however, the site doesn't seem to have many people on it as it did back then.. and I see everything has got much harder and much more of a battle.

[Bigmac versus]

Well as you are probably aware we are in limbo so to speak due to the test case which has been going on. The only cases which are being dealt with are those who claim hardship. The waiver runs out on 26th Jan so there will be further updates available nearer the time which will almost certainly be to extend the damn thing, however we live in hope. You should start the process now.

 

 

I suspect when its all done n dusted this site will be mayhem with many users returning to see whats next.

[cadencealex]

Well as you are probably aware we are in limbo so to speak due to the test case which has been going on. The only cases which are being dealt with are those who claim hardship. The waiver runs out on 26th Jan so there will be further updates available nearer the time which will almost certainly be to extend the damn thing, however we live in hope. You should start the process now.

 

 

I suspect when its all done n dusted this site will be mayhem with many users returning to see whats next.

 

 

 

Ah many thanks, I heard all about this (actually there is a department in my office who claim charges back/PPI) in work but revisited this site to see about Default removal and I see many people are still active!

 

I would like to see this site busier though, it really has gone quiet!

[Bigmac versus]

I agree it has gone somewhat quiet but only on the issue of bank charges and we all know why that is. Other areas such as dealing with debt has grown and grown.