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Printable version Bailiffs to go in at Abbey branch
Sam Umaar is now waiting for bailiffs to collect his moneyA branch of the Abbey bank has been given until next Tuesday to repay £2,769 to a customer, or face having its equipment seized by court bailiffs.
The bank has so far ignored a court order to repay the money to a Manchester man, Sam Umaar, who had sued for the return of overdraft charges.
The Chorlton branch of the bank was visited by a bailiff on Tuesday, who gave it a further seven days to pay up.
Mr Umaar originally won his claim in Manchester County court on 7 June.
"It's ludicrous that the Abbey haven't paid up when they know they have to," said Mr Umaar.
When the Abbey ignored the court's original order, the court then issued a warrant of execution, on 22 June, giving the bailiff power to recover the money.
"The bailiff says I will get my money - it is just a matter of when," Mr Umaar added.
The Abbey said: "We will be issuing a cheque to Mr Umaar as soon as possible."
Surprised
Mr Umaar is just one of tens of thousands of people who have successfully reclaimed overdraft charges from their bank, on the grounds that the charges are illegally high.
Request for the county court warrant against the AbbeyIn some cases, claimants are repaid after just writing a letter to their banks.
In other cases, the banks deny the claim and stall in the face of threatened court action, but then withdraw their opposition just before, or on the day of, the court hearing.
In Mr Umaar's case, the Abbey did not send solicitors to defend itself in court.
As a result, Judge Masheder awarded Umaar an extra £276 because of the Abbey's "unreasonable conduct" in failing to defend itself.
The judge said he was very surprised that the bank had not turned up.
Bailiffs
It is not the first time that a bank has faced the prospect of having its assets seized by bailiffs to force it to repay charges.
In January, a London man, Declan Purcell, sent bailiffs to a branch of the Royal Bank of Scotland in Camden Town after winning a court order for the return of £3,400 in overdraft charges. Only when they had seized four computers, two fax machines, and a till with cash did the branch manager promise to pay. In April, bailiffs visited the head offices of the Halifax bank in West Yorkshire to pursue a claim for £1,900 on behalf of a bank customer.
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