Maybe i'm getting somewhere

[NigelC]

Hi everyone,

Having now done battle with Abbey since end of January and having sent them the LBA letter for an undisclosed amount and receiving from them a standard reply from the complaints dept, yesterday £380.00 appears in my account.
Having printed off a mini statement from the hole in the wall it lists these as fee refunds and a few of them!!!

I have received nothing from Abbey to say they were going to do this but hey...

My claim will be for 2110.00 including interest so will be filing my claim in court next week but maybe this is a goodwill gesture.

Can anyone throw any light on this bolt out of the blue???

Nigel

[stephenCL]

You need to send the refusal letter, saying thanks but no thanks.
Send this off to them (stating the full original amount)
{DATE}

Dear XXXX

Ref MR XXX V BANK NAME
Claim number XXXXXX


Thank you for your letter dated XXXX,

I note that you have offered £ XXXXX as a gesture of goodwill, I must inform you that I will not be accepting this offer. As outlined in my earlier correspondence I explained that the charges you have applied to my account are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Further or in the alternative, I believed that your charges are a Penalty.

Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963

Although in my original letter I informed you that I would start legal proceedings within 14 days, as a gesture of goodwill I will give you an extra 7 days to refund £ XXX back on to my account. If this is not done within the 7 days, I will be forced to start legal proceedings; you will receive no further warnings.

[NigelC]

Stephen,

Thanks for info, however i'm still a little confused.
I have received no letter from Abbey at all just went to the hole in the wall yesterday and found £380.00 in there and was expecting an empty bank account.

Are you saying that i will receive a letter from Abbey with regards to this.
Also, should i make sure that i do not use the money they have credited to my account?

Thanks for your help it has been invaluable throughout this process.

Nigel

[LIGHTON]

Stephen,

Thanks for info, however i'm still a little confused.
I have received no letter from Abbey at all just went to the hole in the wall yesterday and found £380.00 in there and was expecting an empty bank account.

Are you saying that i will receive a letter from Abbey with regards to this.
Also, should i make sure that i do not use the money they have credited to my account?

Thanks for your help it has been invaluable throughout this process.

Nigel
I would ring them and ask why they hav put that in your account and are they going to put the rest in if not file in court.