us v the Abbey for £7,500***WON***

[charleyfarley]

Hi Jo.................they don't like you at all do they:p:D what have you done to keep upsetting them so much??

 

I have to be honest, i've read lots of your thread, but can't remember all the details, so I'm sure I'm stating the obvious about "account in dispute" letters............have you been in touch with the FSA?

 

good luck girl, and keep fighting the barstewards, but it does get exhausting, you must be so fed up with it all.

[GaryH]

Hi all - Happy New Year and all that!

 

Welcome to my latest installment:rolleyes: - actually I am not laughing, because this is doing nothing for my already severely depressed state.

 

shabbeys in-house threat monkeys dmrs seem to have given up, and passed the account back to shabbey, if thats possible as they are all the same firm, but anyway;

 

I received a letter yesterday from Milton Keynes (dated 6th Jan), informing me that they intend to register a default on my credit file in 28 days from the 6th Jan.

 

The letter then goes on to explain the role of CRA's and how lenders use the information etc. Must think I am a complete numpty.

 

So, what do I do? Any letters sent previously have been totally ignored, but I think I really need to give them a heads up on this - the amount they are chasing is less than 1/3 rd of my court claim:mad:.

 

Any advice on a good letter that might actually get read by someone?? My credit file is shot to bits, so I am not worried about that, but it's the fact that they should not be taking any action against me.

 

All advice greatly appreciated as always, thanks.

 

Jo xx

 

Hi Jo.

 

Sorry about the lack of replies, as you may have noticed I haven't been around a great deal lately.

 

I know its easy for me to say, but I really wouldn't let them get to you. It's almost inconceivable that they would file a claim under these circumstances, they are just doing what they do best and deploying intimidation tactics - for the simple reason that they have nowhere else to go. You've handled it exactly right so far and set out clearly why they should hold the enforcement action and what will happen if they don't.

 

Even in the event that they did file a claim against you, you could apply for a stay awaiting the outcome of the charges case.

 

Have you complained to the FSA? If you haven't yet then you should. Also, ask for a copy of their complaints proceedure and pursue a complaint through their spurious crock of a system and then on to the FOS.

 

HTH

[ohoh4312]

Guess who??

 

Well, requested complaints procedure from shabbey - no response.

 

Sent complaint to FSA - no response.

 

Not heard anything from shabbey or dmrs at all, until today.............

 

I received a statement showing the same balance as it has since about Oct 08, and then on the bottom it says:

 

Interest and Charges Incurred this period:

 

21/02 Instant overdraft interest -45.32

23/02 Instant overdraft interest -44.66

24/02 Instant overdraft interest -46.15

25/02 Instant overdraft interest -46.28

01/03 Instant overdraft interest -41.80

 

Total to be deducted on 30/03 -224.21

 

 

OMG!!!:-x:-x

 

Can this be right?? It works out to more than 10% of the outstanding balance in interest?

[ohoh4312]

Now today I have received not one but TWO default notices for this account!

 

The only difference is that they are dated 3 days apart.

 

Both are addressed in joint names, so it is not as though they have sent us one each.

 

I really haven't got a clue what to do any more.

 

Any advice please?

[ohoh4312]

FINALLY SOME GOOD NEWS!!

 

I resubmitted my hardship claim at the end of March, to the Customer Satisfaction Centre in Milton Keynes.

 

Yesterday I called the FSA to ask for advice, as not only had I not heard from shabbey, they had instructed Worst Credit to hound me for the overdraft, with all their nasty threats.

 

Then today I receive a letter from Triton Square, advising me that they have accepted my hardship claim!! Without prejudice, of course.

 

But the bit that gets me is that they say they are refunding 6 years of charges in full.............only that is 6 years back from now. So all the charges from 2001/02 have been ignored, even though they were within the 6 year limit at the time of the Court claim.

 

Still, at least it is a result.

 

I have to write back and accept, so if I post my letter up later I would seriously appreciate some advice/input on it, as having got this far I do not want to stuff up!

 

Thanks x

[charleyfarley]

Nice one Jo.................it's about time you had some good news:D:D:D

 

I've thought for long enough that Abbey were deliberately torturing you out of some malicious spite, so this is great!

 

If it was me, I'd send them a "thanks for the partial settlement, but I'll chase you for the 2001/02 charges once the test case is finally sorted out" kind of letter

[ohoh4312]

Cheers hun - yes I have suffered with a Persecution Complex from them for long enough!

 

Just working on a reply.....

[ohoh4312]

Dear Sir/Madam,

 

Thank you for your letter of xx May 2009, referenced above.

 

I would like to advise you that I am prepared to accept your offer of £x,xxx.00 in partial settlement of my claim, on the grounds of financial hardship.

 

Notwithstanding, I would like to draw your attention to the following:

 

You have offered me a refund of charges incurred on the account over the last six years, I presume working on the basis of the time limit set out by the Statute of Limitations Act. This means that you have deducted x,xxx.50, representing charges from June 2001 to the end of 2002.

 

However, as my claim was lodged at xxxxxxx County Court on 22 June 2007, the SoLA clock effectively ceased to run from that date, rendering these charges valid and not subject to barring by statute.

 

Therefore, if you choose not to add these charges to the settlement figure, I will rightfully pursue a refund of these, along with all associated court fees and statutory interest on the full amount, should the Test Case judgement be handed down in favour of the consumer.

 

Also, as the above referenced account facilities have been withdrawn, I would appreciate it if you could send a cheque, made payable to myself, to my home address, in order that I may have speedy access to the funds to allocate them accordingly.

 

Thank you for positive reaction to my circumstances, and I look forward to receiving the cheque without delay.

[ohoh4312]

Any takers on the above please? Anything I need to add/amend/delete?

 

All input gratefully appreciated as always.

 

Thanks xx

[ohoh4312]

Any takers re my letter in post 408 please?

 

Sorry to be a pain, but I would really like to get this off special del'y tomorrow, and I don't want to mess up or miss anything important.

 

Thank you all xx

[ohoh4312]

Oh, and do I have to mark it "Without Prejudice" also?

 

x

[yourbank]

Not really, but I have seen an offer on 6 years and when it was pointed out to them that it was more like a bit more they paid out.

 

Perhaps something along the lines of the FSA Waiver

 

"(14)

the firm must not take into account the period between 27 July 2007 and the date of termination of this direction (the “stay period”) for the purposes of relying on any limitation period (or periods) or time limits within which complainants must:

(a)

make relevant charges complaints;

(b)

refer relevant charges complaints to the Ombudsman; or

©

bring claims before the court;

and the firm must not otherwise limit any redress that may be due to the customer, when complying with DISP or otherwise, because of the stay period;"

 

Page 6 of the FSA waiver on Bank Charges. Push em along to where you want them to go

[charleyfarley]

Therefore, if you choose not to add these charges to the settlement figure, I will rightfully pursue a refund of these, along with all associated court fees and statutory interest on the full amount, should the Test Case judgement be handed down in favour of the consumer.

I'd be more inclined to put something like "once the test case is concluded" Edited May 13, 2009 by charleyfarley

[ohoh4312]

Amended acceptance letter - thanks to CF and yourbank - sent today by Special Del'y, guaranteed to be there before 1pm tomorrow.

 

Thanks for the input guys, you have no idea how much it means to me to have such fantastic cyber friends.

 

I will update when I get their (fingers crossed) positive response.

 

xx

[GaryH]

Splended news! We done, Jo

[KnellyK]

That's good news Jo!

 

You should have a medal for your determination!

 

I'm really pleased you've got a result, and hope you get the rest once the test case is settled.

[ohoh4312]

Belated thanks to GaryH and Knelly - sorry, life has been hectic.

 

OMG, DRUM ROLL PLEASE ........................................

 

I GOT THE CHEQUE TODAY!

:D:D

[ohoh4312]

Sorry, not gloating - I know there are loads of others who also deserve a break, but I am so shocked and delighted.

 

They completely ignored the part in my letter that explained why they should be paying the lot, but I can live with that - for now.

 

Never in a million years did I expect to get the money so quick, after all the shenanigans previously.

 

HUMUNGOUS thanks are due to CAG, and a well deserved donation will honestly be my first priority - as long as the cheque doesn't bounce!

 

Lotsa luv

 

xxx

[Night Owl]

Big congratulations Jo. Well done and well deserved.

I hope this money makes a huge difference for you and lightens the load for you.

 

Night Owl x

[charleyfarley]

CONGRATULATIONS!!!

 

WELL DONE, YOU DESERVE EVERY LAST PENNY

:D:D

[yourbank]

Belated thanks to GaryH and Knelly - sorry, life has been hectic.

 

OMG, DRUM ROLL PLEASE ........................................

 

I GOT THE CHEQUE TODAY!

:D:D

 

 

FANTASTIC news! Was it for the full amount?

[ohoh4312]

Thanks all for your lovely comments - I am very touched. But then you knew that already!

 

yourbank - no, unfortunately they stuck with their figure. Actually, can I pick your wonderful brains once more please? -

 

My acceptance letter specifically stated "partial settlement," but their reply states ".....we refer to your recent acceptance of our without prejudice offer to settle your claim in the sum of......"

 

But they then state ".....payment is made without admission of any liability by or on behalf of Abbey National plc and does not prejudice your rights under the FSA waiver.........."

 

So, I guess what I am asking is whether this means I am still entitled to the balance of the charges and the interest under my court claim? They are not going to inform the Court that the case is settled?

 

In hindsight, I should have asked these questions before, but the implication has only just dawned on me.

 

Thanks and best regards xx

[yourbank]

The answer is 100% yes as the key wording is that it "does not prejudice your rights under the FSA Waiver".

The Waiver clearly states that if the claim is attempted to be resolved that it cannot be in full and final settlement of your claim. Therefore, game on still.

 

And glad to see that they did pay out to you which no doubt will ease the hardship you have experienced. Delighted for you.

[ohoh4312]

Excellent - thanks a million for that.

 

xx

[determindator]

Time to celebrate Jo, you deserve it and a large round of applause for you!!