Ladidi v Abbey - settlement offer ** SETTLED**

[theGobbyOne]

Re: Ladidi v Abbey - settlement offer

WELL DONE AM VERY PLEASED FOR YOU

[Jester]

Re: Ladidi v Abbey - settlement offer

Congratulations Ladidi. The first, but hopefully not the last success of this ilk on the forum !!

[scottishlass]

Re: Ladidi v Abbey - settlement offer

[Ladidi]

Re: Ladidi v Abbey - settlement offer

Hi everyone,

I have been reading some of the threads posted on here about some people who are suffering badly financially due the banks claiming monies from thier benefits etc whilst the account is in dispute..We had the same thing happen to us in January this year. Anyway this is what we did

It may help someone else in the same situation or similar..

I thought I would take the trouble of sharing some information with you about what I have spent this past week doing with the "Abbey".

As you all know I am claiming my bank charges back through the courts and like the rest of you this has been placed on hold while we wait for the Judge to come back with is decision and findings based on what has been said and given in cout.

Anyway, during the process of me claiming back my bank charges which began in March 2007 myself and my husband had a £500 overdraft with Abbey. As everything was on hold and there was nothing we could do we carried on having some money paid into this account to keep the account open and active so we can get our refund when due smoothly.

In December 2007 they decided to take away the overdraft leaving us with a £500 debt owed. I argued they could not do this, they argued they could stating it is their money and they want it returned. In the end I spoke to a nice lady in abbey complaints who knew what I was talking about and dealt with everything or so I thought.

Come January 2007 the overdraft facility was removed and we was now in debt for £500 and the abbey was singing at the top of their voices to get their money back. I argued you can have your £500 if you repay my £6000. They said No can do, and kept putting the phone down on me when ever I called or spoke to someone.

In the end my husband called and they stated they wanted their money back at £100 per month and there was nothing we could do about it so there :P

They began taking their money and we handed in our cards and got cash cards, I warned them if I found out other wise I would be back

Sure enough, I did find out different. I stated to the abbey that under section 13.6 of the banking code and under the administration of justice act 1970, thay have breached both of these regulations and have acted unlawful by forcing us to repay a debt when the account is in dispute and has been since March 2007 and has not been resolved satisfactorily by both parties concerned, that they should refund my money immediatley and have my account placed on hold pending the outcome of the test case!

It wasn't easy to begin with, they kept tellin to write to "Legal". Turns out Legal are "Ashurst" so I emailed them and quoted the above 2 regulations, they emailed abbey and told them account should be on hold and that no further action should be done on this account nor should the debt be collected.

I then had this confirmed and instructed them to return the money they have already taken from my husband and myself for the said debt as the collection was illegal. They informed me that, as the account was now on hold they would have to check all of this out. I informed them to do that, and ended up with a very helpful lady in complaints who informed me that as the money is going to be repaid that meant the debt would increase back to as it was, I said fine do that as you have caused me hardship by forcefully collecting this, as I have to wait for my money Abbey can wait for theirs. It has took a long 48 hours to keep reminding them I was not going to go away and I wanted my money back. Today they have finally agreed to reinstate the overdraft temporaily until the outcome of the test case and reimbursed me £300 with immediate effect!!


It may helpsome else somewhere in the same or similar situation to shout the same quotes to the banks and their legal department, you never know your situation may improve for the better, even if you manage to get them to back off applying pressure, it is something worth trying and doing

[Amy]

Re: Ladidi v Abbey - settlement offer

Excellent news Ladidi, well done xx

[Ladidi]

Re: Ladidi v Abbey - settlement offer

See you lot better ruddy jump now

Thanks for typing that up. good they didnt make you complete a form (not that they could make you do anything anyway)

you do need to withdraw your claim from the court - dont do it yet tho need to write a letter to them and to abbey (after you cashed the cheque) saying thanks for settling the claim and i'll be back after the case.

I am counting on everyones assistance with doing this

No rush though

Rushing thoughts on how to spend pennies though haha


thinking about complaining to the FSA - we don't want to risk kyboshing any settlements partial or otherwise, and we know we have them under the waiver rules even if they don't.... so pondering on that.

Happily waiting on details on what I need to do so that I can go after them for the remainder

so hang fire for the mo, and Congratulations again :kiss:

Thanks

[bloomingflower]

Re: Ladidi v Abbey - settlement offer

Hi Ladidi!

Congratz and celebrations to you.. well done.. I expect you feel a big weight has been lifted from your shoulders right now.. all you gotta do now is enjoy your much deserved money! but dont forget to chase up the rest of your money when all this is over!

Im in the middle of compiling our hardship claim on behalf of my O/H.. and it looks as if we will need a lorry to submit all the evidence/proof of hardship to Abbey lmao

Seriously tho..hope there will be others very soon who will follow in same shoes as yourself..and we expect there are alot of peeps in same hardship situation... so.. its gotta be worth a shot in the dark. you are the proof!

once again.. congratulations Ladidi!!!


BF x

[Amethyst]

Re: Ladidi v Abbey - settlement offer

Sorry Ladidi, your post #94 has completely befuddled me.

[Ladidi]

Re: Ladidi v Abbey - settlement offer

What I am saying if someone has their account in dispute and teh banks are stating they can claim monies oiwed etc they cannot until resolution. IF tehy are taking monies from benfits they should not. ANy monies collected should be returned as they are not allowed to do this in any shape or form all they have to do is quote the 2 regulations i have posted and I got my case put on hold and also has all monies they forcefully took when they was not allowed to do this.

[Amethyst]

Re: Ladidi v Abbey - settlement offer

Yes sorry hunny i get that bit, as the account was in dispute they shouldnt have chased...so thats good work getting them to back off -= is also against the waiver guidelines for these cases too. So you got £300 back that you had been forced to pay them while the account was in dispute. When was this? And when they they reistated the overdraft ?

I then had this confirmed and instructed them to return the money they have already taken from my husband and myself for the said debt as the collection was illegal. They informed me that, as the account was now on hold they would have to check all of this out. I informed them to do that, and ended up with a very helpful lady in complaints who informed me that as the money is going to be repaid that meant the debt would increase back to as it was, I said fine do that as you have caused me hardship by forcefully collecting this, as I have to wait for my money Abbey can wait for theirs. It has took a long 48 hours to keep reminding them I was not going to go away and I wanted my money back. Today they have finally agreed to reinstate the overdraft temporaily until the outcome of the test case and reimbursed me £300 with immediate effect!!

That bit.

[Budgie]

Re: Ladidi v Abbey - settlement offer

Makes perfect sense to me.

Well done Ladidi !

I presume that you are not using the Abbey account and that you are now just going to leave it sitting there with a £500 overdrawn balance until the test case is resolved and you are able to sort out the remainder of your claim.
Di you also confirm with Abbey that they would not be applying interest and further charges to this account whilst the test case is in progress.

Importnat thing to remember is that you will have to pay back this £500 overdraft once the remainder of your claim is settled after the test case is resolved.

Budgie

[Ladidi]

Re: Ladidi v Abbey - settlement offer

This was done in March of thei year

[Guest]

Re: Ladidi v Abbey - settlement offer

You do need to write to them within a few days to inform them that you accept their payment but that you do not consider the matter to be closed, pending the outcome of the test case - go and re-read post #23.

The intention by the receiving party (that's you) must be to accept the cheque in satisfaction of the dispute for there to be a binding contractual settlement of the dispute. Because your intention is to pursue the balance of your claim, once the test case is settled, then you must make it clear now that you do not accept the matter closed. In Bracken v Billinghurst [2003] just a two week delay was considered to be too long.

You cannot treat a sum received as a partial payment without informing the other party of this intention sufficiently quickly.

[Budgie]

Re: Ladidi v Abbey - settlement offer

I agree totally with Cetelco.

I suggest that your letter should be prepared, printed and ready to be popped in post box as soon as the cheque has fully cleared into the account you have paid it into.

I guess, to finish this off nicely, we can post up a draft of the letter for you to use.

Budgie

[TUTTSI]

Re: Ladidi v Abbey - settlement offer

EXTREMELY WELL DONE LADIDI- THIS WILL GIVE OTHERS THE INSPIRATION TO RECOVER THEIR MONIES AS WELL WHICH HAVE BEEN ON HOLD.