Lula v Abbey (3)

[Lula]

Request went off on the 11th October for statements from Jan 1995 to Dec 2000

[Jacqueline07]

OMG - There's just no stopping you Lula

[Lula]

I just cant help myself

[srfrench]

She's got "Burk" to help her........ lol

 

She is the "Thing Upstairs"...........

[Lula]

BURK!!! WHERES MY BREAKFAST!!!!!! rofpmsl

[srfrench]

BURK..... the New Love GOD!!! rofpmsl

[Lula]

Well today I received statements for the year 2000, and that alone is about £500, so not only "Wheres my breakfast, wheres the rest of my statements!!!!

[srfrench]

Send for Burk...........

[Lula]

so how is your Statute Barred claim coming along Penfold?

[srfrench]

Just waiting for this Thursday to roll on as that is the point that shAbbey have to file their defence with the Court and myself. So far no complications and seems relatively smooth.

[Lula]

so when they file their defence and fail to disclose you are going to slap them with a CPR 18?

[srfrench]

Not quite Boni......

 

Depending if their Defence doesn't stray too much from what is expected then I'll write to the Judge requesting their indulgence for an Order to disclose their costs, otherwise I would beg the Courts indulgence to strike their defence out as it is clearly an abuse of court process and resource and quoting my recently successful claim. Easy Peasy! No Globbits here Drut!

[Lula]

Has anyone who has actually requested statements from before 2000 actually received any, i.e. 1995 onwards?

[Lula]

come on people, I need to know this!

 

also, send via recorded delivery a non compliance letter to Head of Regulatory compliance - they have had my tenner I want my statements!!

[Jacqueline07]

Hi Lula - I don't know the answer to your question - my next "project" with Abbey will be from 1995 - 2001 - but I'm a bit of a hoarder and have all of my statements. However, I will be starting a mortgage erc claim with abbey (from 1996 - 1999) so I will be interested to see if anyone has received it (I didn't hoard that well with the mortgage stuff).

 

Good Luck - Jackie

[Lula]

OMFG!!!!!! I just added up all charges from 29/12/1999 to 29/12/2000 using 16.9% Contractual interest calculation and it comes to £1560.07 made up of £665.81 + £88.81 in charges and £735.73 plus £70.53 in interest!!!!.

 

So, in their wisdom, Abbey have yet to acceed to my request to supply information from 1995 onwards, I think that I am going to have to file for this year and estimate for the remaining 4 years, as it is late and I am kind of blown away by all this, I am still going to be in Small claims as the original amount will be under the 5K limit or is it different because I am not using S69 interest?

[Lula]

Well I also did the 8% for the period stated at it came to 6549. which is not to be sniffed at

[Lula]

I have to say though Karne, i think it might just be a battle too far for me, so perhaps just the 8%

 

perhaps I was just trying to go out on a high as this will be my last claim LOL

[Lula]

Can people take a look at this first draft of POC's for my first claim, I know it is rough around the edges and I have probably missed loads of stuff - but input received gratefully:

 

1. The Claimant has an account XXXXXXXX (“the Account”) with the Defendant.

 

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant. Most of these charges fall outside the recognised Statute of Limitations Act 1980, but I believe that the Defendant has deliberately concealed their true costs and therefore the Statute becomes unenforcable under section 32(1)(B).and ©

 

3. A list of the charges applied is attached to these particulars of claim. 4 of the 5 years is an estimation based on one years charges. I have had to estimate the charges levied because the defendant has written to me stating that all data regarding accounts over 6 years old are routinely destroyed. I would contend that this is not an accurate reflection and will respectfully ask that the court request from the defendant proof in the form of Certificates of Destruction for my account from the start date (around 1988) until 2001. I believe that I can ask for this under the Data Protection Act 2002 Chapter 2 which states;

 

"processing", in relation to information or data, means obtaining, recording or holding the information or data or carrying out any operation or set of operations on the information or data, including —

 

(a) organisation, adaptation or alteration of the information or data,

(b) retrieval, consultation or use of the information or data,

© disclosure of the information or data by transmission, dissemination or otherwise making available, or

(d) alignment, combination, blocking, erasure or destruction of the information or data;

 

 

4. The Claimant contends that:

 

4.1. The charges debited to the Account are punitive in nature: are not a genuine pre-estimate of cost incurred by the Defendant: exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant: and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

4.2. The contractual provision that permits the Defendant to levy the level of such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act (1977) and in Common Law.

 

5. Accordingly the Claimant claims:

 

5.1. The return of the amounts debited in respect of charges in the sum of £xxx plus £xxxx interest at 8% until the 26th February 2007 plus interest continuing at the same rate of 8% pence per day until date of judgement pursuant to section 69 County Courts Act, as set out on the attached list of charges or at such a rate and for such periods as the Court deems just.

 

5.2. Court costs.

 

I believe that the contents of these particulars of claim are true.

[Armsoft]

3. A list of the charges applied is attached to these particulars of claim. 4 of the 5 years is an estimation based on one years charges. I have had to estimate the charges levied because the defendant has written to me stating that all data regarding accounts over 6 years old are routinely destroyed. I would contend that this is not an accurate reflection and will respectfully ask that the court request from the defendant proof in the form of Certificates of Destruction for my account from the start date (around 1988) until 2001. I believe that I can ask for this under the Data Protection Act 2002 Chapter 2 which states;

 

 

Routinely destroyed...........................................................NOT

 

I received 12 Years of Statement from them dating back to 1996 with my SAR request last year, so if you have a letter from them stating they are routinely destroyed I have the proof they don`t!

 

On a seperate note Lula - could you have a look at my thread from today and give me your thoughts please -

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/69311-court-date-22nd-march.html

[Lula]

Routinely destroyed...........................................................NOT

 

I received 12 Years of Statement from them dating back to 1996 with my SAR request last year, so if you have a letter from them stating they are routinely destroyed I have the proof they don`t!

 

On a seperate note Lula - could you have a look at my thread from today and give me your thoughts please -

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/69311-court-date-22nd-march.html

 

 

I received a letter from Pam Speed on 29th January 2007 and I quote " According to the Data Protection Act, we are not permitted to keep personal data for any longer than is necessary, and microfiche records showing transactional data are therefore destroyed after six years. We therefore do not hold the information requested"

[Lula]

Routinely destroyed...........................................................NOT

 

I received 12 Years of Statement from them dating back to 1996 with my SAR request last year, so if you have a letter from them stating they are routinely destroyed I have the proof they don`t!l

 

I am not sure how to use this information, but I may call on you to sign an affidavit should it go that far - would that be ok?

[Armsoft]

I am not sure how to use this information, but I may call on you to sign an affidavit should it go that far - would that be ok?

 

Absolutely fine with me.

Thanks for the advice on my thread, I think I`ll get a new SAR off in the post today (although the response will not be back with me in time for my current court hearing on the 22/3) I`ll then be seeking advice on where to take it next as I`m sure they are not going to be prepared to pay-up on the compensation willingly, and I`m not sure what current thinking is by the Judges at the moment in relation to it either.

Let me know if you need further help with yours.

[srfrench]

Ignore me, just subscribing

[Lula]

Anyone else care to take a look for me? Due to problems with my pc a the moment I cannot print, so am taking a leaf out of the banks book and offshoring my work - well not quite off shore, but definately North of Watford - Hull actually, my friend is very kindly going to do the necessary with the N1 and send it to me