Julian Vs Abbey

[jools36]

Hello Everyone,

 

I have decided to take the plunge and take Abbey on Head On.

Have been ripped off for the last 4 years with a numerous amount of charges, i have had enough.

 

I have today sent off via special delivery and with a £10 cheque with the letter for DPA Request for a list of all my charges from the opening of my account in 2002 to the present day.

 

I believe that the charges will be in excess of £5000.00

 

 

I will keep everone informed of the progress

 

 

40 days From Today

 

Julian

[jayne67]

Well done you, good luck.

[jools36]

Hello everyone

 

Here is an update from me !!.

 

Firstly due to unforseen circumstances the first leter did not get sent until 10 days after i first posted.

 

Yesterday i received a batch of statements from Scabby.

These are from March 05 up to date.

 

They have sent no covering letters etc.

The charges for this period are almost £600.

But the worst of my bank charges were between sept 02 to march 05

(i estimate that i will have charges for approx £5k to 6k between these dates

So i am still waiting for these statements.

 

Obviously Scabby are still within the 40 day limit.

 

But i have a couple of questions

 

1) What do i do if

a) they do not send the rest of the statements

b) they advise that they dont need to or cant send the rest of the statements

 

If they dont respond, do i send the letter for a refund of charges on an estimation?

 

 

Julian

[jools36]

Hello Everyone,

 

Well i have today received a letter from Abbey.

 

Its a standard response(what a load of cobblers!!!)

 

I will quote a couple of lines from it.

 

'I would like to advise you that under the Data Protection Act Request, you will only receive the transactions held on our system.These will be forwarded within 40 days free of charge( well i have received the statements from march 05 up to date).Any earlier transactions have been archived onto microfiche, which is not covered by the data protection act.These archived transactions will not therefore be supplied to you.........'

We can however supply details of the transactions held on microfiche for a £10 admin fee.

 

It is clear that your request that you requires the transactional information that it held on microfiche records.In order to avoid any additional delays, we will therefore use the £10 that you sent with your data protection act request, as payment for the microfiche records that you need.

 

You have also asked for details of any manual interventions that may have been made on your account.I a sorry that we are unable to help with this request.

 

 

This is just part of the letter.

 

 

 

Julian

[jools36]

Yet another update

 

I have confirmed that abbey received my letter at 08:16 on 5th June 2006.

 

 

Should i send a letter thanking them for what i have received so far, but reminding them that the remaining statements need to be received by me by the 17/7/06

 

 

Julian

[jools36]

Hello all.

 

Well i have now sent a data protection non compliance letter to Abbey on 18/7/06.

 

They have not sent the microfiche statements from 2002 - feb 2005.

I wait to see if i get the standard response

 

 

 

Julian

[jools36]

Hello Again

 

Just to let everyone know, that i now have microfiche statments from jan 2003 - jan 2005.

Now this is a major surprise (not !!!) after i sent them the non complience letter.

 

I will update this over the weekend

 

 

 

Regards

 

 

Julian

[bowkett]

Hi Julian, looks like things are moving slowly forward for you, have you managed to get a more acurate figure? Or do you still have information missing?

[jools36]

Hello Again,

 

Sorry for the length in time in posting!

 

This is my latest update.

 

I received all my statement to june06

 

I have sent off the letter asking for the bank charges to be refunded.

 

I have received Abbeys standard response(ie : They are dealing with this as a complaint)

 

Tomorrow i will be sending the 'Letter Before Action' to them.

 

I do have a question, i have now received my statements since June 06

Do i add these to the spreadsheet as well ?

 

Julian

[jools36]

Hello Again

 

Well i sent my letter before action letter to Abbey on 8/9/06.

 

The amount that i have requested back is £2499.78.

 

The amount that i will be claiming from Abbey through the courts etc will be £2946.45 + costs etc

 

I wonder what abbey will send in response ??????????

 

 

Julian

[jools36]

hello everyone.

 

Well the 14 days are up today.

At the end of last week i received a letter from Abbey offering me £444.00

This was in recpect of the time period Oct 05 -to present!!!!!!

 

They claim they they have not got info before then(what a laugh considering that they sent be all the bank statement since Jan 2003)

 

My next step is to put the claim in.

 

Should i do this via moneyclaim or go to court and file it???

 

Also should i respond to there letter and turn them down??

 

Julian

[bowkett]

Hi Julian,

 

I would write to them and let them know you will accept the payment but only as part payment of the full amount claimed, you will continue with your claim for the remainder, you will find they will withdraw the offer!

 

I would do the N1 and submitt it at your local court, you may will have to go there shortly anyway so you may aswell get a feel for the place. I was really nervous about going but it did help me. Thats just my take on it though. Go with moneyclaim if you feel confident enough. I picked up loads of leaflets while at the court and they make good reading!

 

Sam

[jools36]

Hi Sam,

 

Thanks for the response

 

I have today sent to Abbey a special delivery letter stating thats for the GOGW payments, but that i am continuing with the N1 claim.

 

As i already have a new bank account and my wages are going into that new account , i have advised abbey that since i am still in my o/d i am willing to pay £30 a month to clear that off.

 

I await there response !!!

 

Julian

[jools36]

another quick update

The n1 is going to have to wait till the end of next week(im abit short money wise at the moment)

 

julian

[jools36]

hello again,

 

I will be filing my n1 claim on Monday !!!

 

In the meantime, i have received a letter from another part of abbey demanding that i send my card,checque book back or face them sending someone around(im so scared !!!!)

I rang them and explained the dispute that i am having with them.

They claim to have nothing on record regarding my claims(What a joke)

 

I will update again after i have filed my N1

 

 

Regards

 

Julian McAuslan

[jools36]

Hi Again,

 

I have some questions regarding the N1 form etc

 

1)What do you put in the top box(ie In The ??)

2) What would you put in the 'brief details of the claim'

3)What do you put in the 'Value'( would it be the total claim excluding court costs etc?)

 

4)Do i put in the court claim that Abbey have paid me back £440 as a GOGW?

 

5) Can i claim for work time lost(I am a contractor and get paid by the hour?)

 

 

 

Many thanks for all the help so far

 

Julian

[jools36]

hello Again

 

After many delays since October due to various reasons,I have finally completed my claim through money claim for a total of £2463.95

 

Can someone tell me what if the next time limit??

 

 

 

 

Many Thanks

 

Julian

[jools36]

hello all,

 

I have today received 'A Notice That Acknowledgment of Service has been filed'

Dated 11/5/07

It states that the defendant now has28 days from the date of service of the claim to file a defence

 

 

Am i right in saying that this is 28 working days from Abbey to respond??

 

Do i need to do anything else in the meantime

 

 

Julian

[jools36]

Hello All

 

Well what a surprise

Abbey have put in a defence.

 

I am now waiting for details from the court.

 

I also received the standard defence letter from Shabby(signed by a willem bessell)

 

Julian

[jools36]

Hello again

 

I have received a 'Notice Of Transfer of Proceding' from Northampton to Bristol County Court.

 

This states that the allocation questionaire is to be dispensed with.

 

 

I am going to contact the court today to confirm this.

 

the papers also state

'any party affected by this order may be under rule 3.3(5) apply to have it set aside,varied or stayed.Such a party must apply under rule 23.3 within 14 days of the service of this order'

 

 

Can someone tell me the next step.

Also 'withing 14 days of when???(date of letter from court is 8/6/07)

 

 

Julian

[jools36]

UPDATE

 

I have just spoken to Bristol County Court.

They have advised me that Alloccations questionaires are no longer required.

The lady i spoke to also advises that as far as she is concerned no £100 fee needs to be paid!!

 

She also mentions that the court dat will probbably be at the end of August

 

I have a couple of questions

 

Can someone advise me of what action i need to take now

 

do i send an letter to abbey ??

Do i send draft directions to the court

 

 

Thanks

 

Julian

[jools36]

Hello Again.

 

I have now received directions from Bristol Count Court.

'District Judge Rowe has considered the statements of the case and allocation questionaires filed and allocated the claim to the small claims track.

The hearing should take place at 11.00 on 20/9/07 and should take no longer than 5 minutes.

Please notes that your case has been listed with other applicants in a block list etc.......................

The court must be informed immediatly if the case has been settled.....

Each party shall deliver to the other party and to the courts copies of all the documents on which he intends to rely at the hearing no later than 14 days before the hearing'

 

 

I would appreciate the help.

 

1) Is now the time for the court documents(all the paperwork) to be completed?

2) do i contact Abbey to see if they will pay up?

3) What else do i need to do??

 

 

Julian

[jools36]

Hello,

My last post was back in 2007 !!

 

I have now received a letter from Shabby, basically claiming victory and that they are writing to the court for a strike out of my claim.

 

I need some advice on what to do.

I have read the latest threads regarding the Govasn law centre etc.

 

What forms do i need to fill out and what do i put on them?

 

Regards

 

Julian

[jools36]

A further update.

 

I have dug out Shabbys defence, it states

'...The fees reflect and are proporttionate to the defendants administrive expenses...........'

 

Can i run with this and then a admendment directly to the court?

 

Julian

[jools36]

A further update

I have now received a letter from Wescot debt collections

They say they are acting on Abbeys behalf.

I spoke to them and they advised that since the banks won the court case and my case has been struck off( I HAVE RECEIVED NO NOTIFICATION OF THIS)

 

I need some help on this,

 

1) Is it worth amending my claim?- and what can i put in it?

2) whats abbey's email address(re the claims)

3) Do i contact the court to see if my case has been struck down ???

 

 

Julian