Popcrash1974 Vs Abbey Take Two!

[popcrash1974]

Well Ive Allready Managed To Get Over THREE Grand Out Of Abbey On My Closed Main Account A Few Months BAck And Ive Been Going After My Smaller Also Closed Other Abbey Account.

So Far:

Subject Access Request Sent Back In Febuary 2007 And Didnt Receive Them All In Time. Before I Wrote Them Back They Sent An Apology About Time DELAy And That I Would Get My £10 Back Which I Did And Some Of The Statements Arrived With A Spreadsheet Breakdown Of My Charges.
A Week Later I Got The Proper Usual Prints Outs Of All Incomings And Outgoings That Contained Charges Not On Their Initial Spreadsheet.

Prelimarary Letter Sent 24th April 2007
Letter Before Action Sent 10/05/07
Recieived A Letter 25th May 2007 Saying Looking Into It And Is Taking LongeR Than Expected.
25th June 2007 Abbey Write Me With A Letter Stating Why They Wont Refund My Charges Quoting The Office Of Fair Trading Announcement Relating To Credit Card Charges And Not To Bank Accounts.they Cant Provide A Specific Breakdown Of How My Charges Are Apportioned Either It States.i Have The Next 8 Weeks To Complain Or Act It Says. From Gerry Kane Senior Customer Resolution Manager.


So I Guess I Press On With My Court Forms Now...i Havent Checked Up On The Latest Happenings Within The Court Cases Since My Last Court Date With Them Where They Didnt Turn Up And The Judge Awarded Me The Money Without Any Resistance Or Defense From Myself. Anything I Need To Be Aware Of This Time Around?

[Mochamoos]

Nothing much has changed other than Abbey dragging it out even longer:rolleyes:

Good luck

[popcrash1974]

Right abbey have done the usual thing of dragging out their "investigation" with letters saying sorry for delay and now they have decided i dont have a case.

Ive decided to write a letter to them seeing how ive allready taken them to court for another account and won explaining i dont agree with their decision and state my last account as reference to my defense.

Ive given them a week to get back to me, if they will not pay back charges and have said im giving them the chance to save time and money on me taking them to court and claiming back interest and court charges also.

I ended the letter stating if they dont get back to me within the 7 days accepting my offer then i will be happt to go through the court system and that my court claim form is ready and awaiting to be sent out.

Will let you know how i get on, im not sure if anyone has attempted this before so should be interesting to see what they reply with.

[Amethyst]

Good luck sugar xxxxx

[popcrash1974]

Thanks Amethyst!!!! How you coping with being outed!!!!! ha ha

Oh also ive decided to photocopy my letter i got with cheque from abbey for last account claim that i won to stick in with this letter to see if that can persuade them any they are onto a losing battle, :-) :slayer:

[Mochamoos]

LOL, brilliant tactic! Good luck!

[popcrash1974]

Re: Popcrash1974 Vs Abbey Take Two!

So not posted a long time as nothing to tell.....but my circumstances changed when i moved and left my job, couldnt find work and was on job seekers allowance and then read that this would be my chnace to get that claim started again.

I sent them a letter stating that i thought i was a candidate to now get my charges back so they sent me a form to fill in which i did. Got a phone call out of the blue asking some more questions and they said id hear from them in 2 weeks...


3 weeks went by and i had a feeling i was going to get something just before xmas, low and behold a letter on xmas eve of all days stating they are going to send me a cheque for £891.00p!

A nice little xmas gift if ever i saw one, also as the case was being looked into i was temping anyway and then got full time work starting january so it couldnt have been resolved at a better time.

One thing in the letter concerns me though and ill print it below....


"Once the legal proceedings between the OFT and the banks finish, we may need to revisit your complaint, applying the principles that are etsablished in the legal proceedings with the OFT if they generate a different outcome to the one comminicated to you in this letter."


Sooooo to me this sounds like they could take back all of the money/some of the money if they win or its proven that a smaller amount of money is an appropriate charge.

Can anyone shed any light on this as it kinds take off the edge of what was my 3rd and last victory with my 3 offending bank accounts!

[Amy]

Re: Popcrash1974 Vs Abbey Take Two!

I am guessing that in your offer letter they mentioned the hallowed words "as a gesture of a goodwill........"?

They cannot ask for it back as it is just that - a gesture of goodwill.

[popcrash1974]

Re: Popcrash1974 Vs Abbey Take Two!

I am guessing that in your offer letter they mentioned the hallowed words "as a gesture of a goodwill........"?

They cannot ask for it back as it is just that - a gesture of goodwill.

Nope, no mention of those hallowed words at all in any context in the 2 page letter.

[Amy]

Re: Popcrash1974 Vs Abbey Take Two!

What is the wording they use when it gets to the part about the money they are going to send you?

[popcrash1974]

Re: Popcrash1974 Vs Abbey Take Two!

Thankyou for providing us with the deatails of your current financial circumstances.

We have carefully considered all of the the information you provided to us to assess your current circumstances. Having reviewed all of the evidence, we have decided that your complaint should be dealt with now given the financial difficulties you are experiencing.

The amount of charges we will refund to your account is £891.00, this will be sent to you by cheque. Our collections and recoveries team will contact you to discuss how this has been credited and how you cna manage your finances going forward. If the value of this refund does not cover your arrears with abbey they will also arrange a new, or update any existing repayment plan. their telephone number is 0845 603 9035.

then it goes into how i can seek help ect for debt problems and the oft case and then that bit they said which i initialy posted where they may get back to me when the ruling has come through.

i dont owe them any money at this stage and i no longer bank with them either.

What do you guys and gals think?

[Amy]

Re: Popcrash1974 Vs Abbey Take Two!

If they thought they were going to win they would not have paid you (3 times) over.

They have chosen to repay to you money that was taken from your account by them as they have identified you as a customer experiencing financial hardship. They are obligated to deal with cases of this nature under the waiver rules. The waiver is one-sided, as all current courts cases are stayed and unless you are deemed a hardship case they will not repay monies to you yet the banks continue to remove money from your account.

Write back to them and tell them that you will be writing to them again if the outcome of the test case is not as you expected.

[popcrash1974]

Re: Popcrash1974 Vs Abbey Take Two!

Theyve not paid me 3 times over? this will be the second time, my other account i won on was Natwest :-)

Still no cheque as of today not that im in a hurry for it.

Would still love others advice on the way they have wordered my letter. as not up on whats bene happening with other "emergency" claimants.

[Amy]

Re: Popcrash1974 Vs Abbey Take Two!

The title of your thread is a tad confusing then.

[popcrash1974]

Re: Popcrash1974 Vs Abbey Take Two!

Take two as in second take, how come?