The girl I spoke to was lovely and toldme also that the judge had directed something about the CRAs but unfortunately she couldn't read all of the writing so I'm going to have to wait for the letter for the full information on that one.

Spoke to the court this pm. Apparently the judge is going to order Abbey to reveal their calculations as to how charges are worked out. And of course they are going to comply......

Still dragging it out. Only 50% offer made.

Just been refunded by HBOS!!!!! Details to follow.

Just received the following E-mail: Miss XXXXXX Apologies for not responding sooner to your email dated 23 September 2006. I have spoken to the Court today. They confirmed safe receipt of the Defendant's Allocation Questionnaire and stated that the file is currently with the Judge. Directions, I an assured, should follow shortly. Your request to see a copy of the Allocation Questionnaire has been noted. It is not our normal procedure to send a copy to the Claimant in these cases, but I shall take instructions on the matter from my client and revert back to you. In the mean time, I am placing a letter in the post today setting out the terms on which my client would be prepared to settle your claim. I look forward to hearing from you in due course. Yours sincerely etc etc Look's like the end is nigh!

Unless you have cleared funds, STILL ATTEND.

Could you explain a little more clearly?

Just refuse the offer politely or accept as part payment, making it clear you will still pursue your claim against Abbey for the remaining amount.

I really don't know who's messing who about any more. I have to say this is really getting me down now. I haven't even had an offer of 50% and I haven't seen anyone else that got this far without one. Is there something wrong with my claim? Every time I feel as if I'm getting somewhere then something else happens to hold things up. 179 days since I sent my first letter to Abbey. I have e-mailed my DLA lackey to 1. ask for a copy of their AQ 2. ask what the **** is going on. You can use whichever 4 letter word you think best.

Yet another twist in the tale! The file was put before the judge yeterday but Abbey's AQ was missing!!!! It has to go before the judge again with the missing document.

Abbey are generally a tough nut to crack. However, if you used the letter from here they may recognise it (must have loads by now) and they may just pay up. I can't see them letting an amount so small (compared to others), going all the way to a claim.

Sent first request 11 Sept. LBA 21 Sept. Letter received today as follows: 15 September 2006 Dear Mrs XXXXXX Account No. XXXX XXXX XXXX XXXX Thank you for taking the time to write to us about the fees we’ve added to your account. I understand you think these fees are unlawful and I’m sorry you feel this way.(Yeah right!) To explain, we automatically add late payment fees if your payment is missed, arrives late or isn’t enough to cover your minimum payment. We’ll add overlimit fees if your balance goes over your agreed credit limit, which is £XXXX. (I am aware of my credit limit, thank you). When we opened your account in July 2003, we sent you a credit card agreement which stated these fees. By signing and returning this to us, you agreed to the terms and conditions for the account. As you’re probably aware, (too right I am)the Office of Fair Trading are not challenging the right of banks to charge default fees, but merely the level of those fees. Although we feel £20 is a just fee, we have reduced our charges to £12 so we are in line with our competitors. I’ve reviewed your account and, as a matter of goodwill, I’d like to reduce the fees we’ve added to your account to £12. So I can do these refunds totalling £128, please sign and return the settlement form I’ve included. Once I get it back I’ll add these refunds to your account. To avoid more fees, you need to make sure we receive your monthly payments on time. On your statement, you’ll find your payment due date and a date we recommend you make your payments by. Also, you need to make sure your balance doesn’t go over your credit limit. (Does he think I'm a naughty child who doesn't know the system?) I hope I’ve explained things clearly and you’re happy with the steps I’ve taken. However, if you have any further questions, please write back to me within four weeks. My address is in the leaflet I’ve included, which also explains our complaints procedure. If I don’t hear from you, I’ll consider that you’re happy with my response and that your complaint is closed. Yours sincerely Robert Udy Executive Office Manager It is, I suppose quite a friendly and polite letter. I will, nevertheless be refusing this offer. I am only asking for £182 after all!!!!

I wouldn't go for the DPA stuff in court just yet. Wait to see what the ICO decide after their recent visit to Abbey. You can, however, make an estimated claim for charges, going back up to 6 years, realistically based on the 18 months worth of statements you have already. Good luck

I thought the same Karne, when I read this.

In the meantime, the saga of the default continues. I sent an S10 to Abbey and I have received the following in reply: Re Notice pursuant to slO of the Data Protection Act Dear Mr & Mrs XXXXXX I write further to the above notice that you have served. When you opened your bank account, you were advised that details about the conduct of your account would be passed to credit reference agencies as part of the operation of your bank account. The processing is therefore necessary for the performance of a contract to which you are a party and, in the circumstances, s10 of the Data Protection Act does not apply to this processing. I confirm therefore that Abbey will not comply with your request. Yours sincerely, David Humphreys Data Protection Consultant Data Protection Compliance Team Questions: 1. Why does the contract make the processing 'necessary'? 2. Are they taking this stance because the account is still 'open' as they refuse to close it while they say I still owe them money (all penalty charges)? Any thoughts would be welcome.

That's fine. Typo - persue should be pursue. x

The case was referred to the judge on the 19th so fairly soon, I will either get a court date OR (which I doubt), the judge will request full disclosure from Abbey. I never realised I could be so patient! Not!

Looks like I may be getting it back twice! Watch this space!

Well Phoned DLA. Quite offhand. No offer although she mentioned one and when I said I hadn't had one she covered up and said no we are waiting for allocation. She also suggested we wait to see what the judge says about disclosure. Very different from what she led me to believe on the phone last Thursday. Am I missing something here?

When did it have to be in by? You won't hear anything until after then.

You are luckier than me then and I started in March!!

Your question is unclear?????

I am not fighting halifax but I am very impressed. well done you.

Use an English address where possible as you can claim up to £5000 in the small claims without having to pay defendant's costsif you lose - which you won't, biut better safe than sorry.

http://www.consumeractiongroup.co.uk/surveyresults.php