14 days up

[IVANHOE]

Mt 40 days since i requested info runs out tomorrow, they have sent last 17 months worth due to microfiche etc etc and did i want to continue, i responded imediateley that i did of course, have heard nothing since. what action can i take when the 40 days are up?

[dave]

Report them to the Information Commisioners office for non complience.

[Neo]

...and sue for an estimated amount...?

[Spiceskull]

You will need to make an educated guesstimate of the charges incurred for the time you don't have statements. The best way is charges/month based on current, and then multiply by the other months.

 

The bank will then need to demonstrate that your figures are wrong (which they are likely to be) and also why they did not give you the information to calculate the actual charges when requested to do so...

 

But they still need to be reported for non-compliance when the deadline expires. Good luck.

[IVANHOE]

Thankyou friends. i'm on to it.

[IVANHOE]

I sent a request for payment of charges 14 days ago, it was estimated based on the 13 months statements they provided due to microfiche etc etc.

i have my second letter before action ready to post but before i do- they sent a letter yesterday saying i wasnt entitled to the further information but they would however forward it to me when they have retrived it from their archives.

should i give them any more time or post the second letter now??

The claim is for £4092.

[alanfromderby]

The microfiche issue is addressed in the sticky at the top of the Abbey forum. It may be worth sending a letter based on that giving them 14 days to rectify the matter - at the same time you send the Letter Before Action. If they fail to respond in 14 days then let us know before issuing your claim - we may need to look at turning the heat up on them.

[IVANHOE]

Thanks Alan

If they do eventually send information presumably i would need to re-calculate and start the request for paymant process again, giving them 14 days before 2nd letter etc?

[alanfromderby]

No, there would be no need to restart the process - they should know how much they owe anyway, afterall it is on their systems.

[Spiceskull]

I agree - no need to recalculate. If they wanted you to claim the correct amount then they should have provided you with the correct information to start with. However...IF they wish to demonstrate their recalculation in court...they would be welcome to do so...

[IVANHOE]

I posted the letter before claim yesterday along with one regardi9ng microfiche as suggested. I have today recieved a letter from them (obviosly crossing in the post)

para-phrasing it states;

 

"Sorry to hear youre not happy.

its up to you to make sure theres enough money in account.

OFT announcement relates to credit card default charges not bank accounts.

all banks charge, you freely agreed to terms and conditions when you opened account.

we dont agree charges are disproportionate.

if claim goes to county court we may close account.

no refunds will be applied"

 

should i respond to this or wait for there, if any, response to my letter before claim?

is there any truth in there claim regarding the OFT announcement?

[whizzkid001]

Their response seems to be final therefore I'd advise issuing your claim!

[Movingon]

The OFT clarified their announcement that in their opinion the principles should also be applied to bank accounts, storecards etc.

 

You should wait the 14 days you gave them in the LBA and then issue your claim.

[IVANHOE]

Thanks guys

When i make my claim how will i calculate interest on the amount with it being estimated?

[alanfromderby]

I would divide it by the number of months concerned and enter them on the first of each month through the period in question.

[IVANHOE]

This topic was closed on 2019-03-08.

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