Oddfellow vs Abbey - 100% ish offer received

[Odd Fellow]

Abbey's final 14 days for responding to the LBA for a refund of charges is up today.

 

Our final (only) post is normally delivered by about 1pm and I have no expectation of seeing anything from them.

 

Should I wait until after close of business before I issue a claim on the Money Claim site?

[Odd Fellow]

why - do you expect the reply to give you a full refund ?

 

Absolutely - Just think of the money it will save them in legal expenses.

 

Anyway, we've had our post today and, well I hardly need say.

 

However, Abbey does have until close of business to telephone or email me with an offer of capitulation. I guess I ought to give them the benefit of the doubt.

 

Perhaps, given it's antiquated archival system using small bits of celluloid, it might not be unreasonable to consider that a cheque could arrive by carrier pidgeon or even Pony Express.

[Odd Fellow]

I hope it's not pidgeon, my neighbour shoots them. I may never see the money in this case.....

[Odd Fellow]

I had a reply from DLA yesterday in response to my submission of my AQ for the DPA claim.

 

Here it is:

 

Thank you for your letter of 4 July 2006, the contents of which we note.

The writer's e-mail address appears at the foot of this letter, to ease further correspondence.

We note from the allocation questionnaire that you confirm that the information requested has now been supplied.

On that basis and it is our client's firm opinion that the information requested is not covered by the Data Protection Act, we would invite you to agree to withdraw your claim, on the basis of no order as to costs.

To pursue your claim through the courts simply to recover your costs is not proportionate and if you persist in taking such action, we shall be left with little alternative but to inform the court that we believe that you have acted unreasonably and therefore, when your claim is found to be unfounded, we will be left with little alternative but to ask the court to make an appropriate costs order.

---------------------------

My suggested response follows: your comments / advice are welcomed:

Your letter of the 14th July makes interesting reading. In particular, I find the errors within it quite outstanding.

In the first instance, you make reference to my letter of the “4th July 2006”. What’s interesting here is that the letter to which you refer was composed and posted on the 12th July 2006, not eight days earlier as you suggest.

In the next paragraph, you make reference to the email address at the bottom of the letter. The very fact that I have to send this by post again indicates the omission of this address.

In a letter of just five paragraphs, opening with two glaring mistakes is shocking, especially when it comes from an organisation that is acting in the defence of a legal claim.

I am not inclined to withdraw the claim and part of the reason for this is the wording of your letter; “our client’s firm opinion”. I should like to draw your attention to the plethora legal claims against it for unlawful penalty charges (with another being added very shortly) – your client is surely of the continuing “firm opinion” that these charges are right and proper, yet has so far failed to prove such before a court.

Frankly, I find your letter to be intimadatory as I am sure it is intended.

The claim was made because of your client’s unwillingness to respond sufficiently to a SAR under the DPA. You client was given not only the 40 days that the DPA permits, but considerably longer as it received two Letters Before Action providing a further 28 days in which to comply. It chose not to comply. Your client was given every opportunity and chose not to accept any. That, sir, is acting unreasonably.

If your client is so convinced of that its data storage of personal data does not form a Relevant Filing System then intimidation such as this should be unnecessary as it would be confident of successfully defending any such claim.

However, given that the costs of the claim amount to only £55.00 (less than two of it’s unlawful charges), your client might wish to settle the matter now rather than incur the additional costs of further defending this claim.

----------------------------------------------

Comments?

[CrispDust]

sounds about right mate. Possibly just a tad clumsy here and there but I've had too many sunny Sunday afternoon G&Ts to reply sensibly.

I'll have a look tommorrow.

[Odd Fellow]

Money Claim online claim started today for return of £782.50 plus interest of £75.97

 

Total £858.47

 

Then that's plus interest at 8% under s69 of the county court act - Another £100 as of today.

 

Strange though, the moneyclaim site has charged me £80.00. I thought it was £30.00 under £1000?

[Odd Fellow]

I'd be interested in getting some more feedback on my proposed response to DLA.... Ppppplease someone?

[Jane Austen]

1. the plethora legal claims

 

2. If your client is so convinced of that its data

 

 

"plethora of" would be better - and

"convinced that" without the "of".

 

Otherwise fine.

[Odd Fellow]

I should like to draw your attention to the plethora legal claims against it for unlawful penalty charges (with another being added very shortly) – your client is surely of the continuing “firm opinion” that these charges are right and proper, yet has so far failed to prove such before a court. [/font]

 

 

If your client is so convinced of that its data storage of personal data does not form a Relevant Filing System then intimidation such as this should be unnecessary as it would be confident of successfully defending any such claim.

QUOTE]

 

"plethora of" would be better - and "convinced that" without the "of".

Otherwise fine.

 

Thanks. The number of times I've read that and not noticed.

[Odd Fellow]

Have sent slightly modified reply to DLA today explaining why I would not be withdrawing my claim under S7 DPA.

 

I await its further response.

 

Separately, I have had notice of an Allocation Hearing for the case to be heard at the Lowestoft Count Court, sitting at Great Yarmouth at 2pm on 15th August 2006.

 

So, another three weeks or so of bickering with DLA before anything meaningful happens.

 

In the mean time they can respond to my claim for repayment of charges too, that ought to ensure that they're kept busy in between writing inaccurate intimidatory letters.

[Tobes]

When you make an SAR claim, I assume the only figure you claim for is the cost of making the claim? So you require the info under the claim but the actual monetary claim is just for the cort costs?

[Odd Fellow]

When you make an S.A.R - (Subject Access Request) claim, I assume the only figure you claim for is the cost of making the claim? So you require the info under the claim but the actual monetary claim is just for the cort costs?

 

Indeed.

 

I estimated my time at £25.00 as there were quite a few letters to and fro plus the £30.00 court fee.

 

DLA is trying to claim that becuase Grabbey has now provided the information, continuing on the basis of recovering the costs is not proportionate. It hasn't said what it's not proportionate in comparision with. Certainly, it's not proportionate in comparison with the charges that it's likely to be lumping onto Grabbey, but who gives a stuff? It's certainly proportionate to the trouble that Grabbey has given me in obtaining the information.

 

Mayby Grabbey is beginning to know what it's like on the other side of the fence?

[Odd Fellow]

Received the Notice of Issue paper today for my MoneyClaim claim.

 

Curiously, it has been issued in the Northampton County Court whereas I am in Norfolk. I guess this will be allocated locally before long.

 

Abbey will be deemed to have been served notice on the 23rd July and has until 6th August 2006 to reply.

 

I guess we just wait for the standard cut'n'paste defence to come through in due course.

[Odd Fellow]

Was just looking at the Litigation Concluded section and found Darren Vs Abbeyt DPA claim for £50.00 plus data.

 

Is Abbey caving in on this too now? I think there will be a queue at the floodgates.... Reserving my place now.

 

http://www.consumeractiongroup.co.uk/forum/litigation/16694-darren-abbey-data-protection.html

[Odd Fellow]

Every day I expect some communication from Abbey or DLA. Every day I am disapointed.

 

Abbey has until 6th August to reply to my refund claim - just three more postal deliveries and I can apply for judgement in default and fully expect it to faff about again trying for a set-aside just so they can draw it out even further.

 

Nothing back from DLA either in response to my letter rejecting its request that I withdraw the action under the DPA. The same letter pointed out errors in its response to me, including incorrect dates and the lack of an email address.

 

Ho hum - just more waiting.

[lostinparadise]

Hi Oddfellow,

I guess its hard when the end is kind of in sight, after waiting so long. (i know, ive been waiting too).

Chin up. Just spend the waiting time thinking of what you are gonna do with your money once they return your cash.:grin:

Happy Happy thoughts......:grin:

LIP

[Odd Fellow]

Only thing to do is donate 5% and pay off some more debts.

[flames7205]

looks as if banks worrying today as thet are suggesting the end of free banking in all the web news columns !!

I am waiting also Ive heard nothing.

They like to drag it out dont they

nasty people

[Odd Fellow]

HI,

 

Got the standard cut'n'paste reply from DLA today regarding my refund claim.

 

It asks for a breakdown of charges and I shall be reminding it that its client is more than capable of suppling this but supply it anyway.

 

It also asks for a breakdown/calcualtion of the Interest element. I am not sure how to provide this. I used the excel spreadsheet from vampress. Do I just cut and paste this into a reply?

 

Thanks

 

 

Odd

[Odd Fellow]

HI,

 

Got the standard cut'n'paste reply from DLA today regarding my refund claim.

 

It asks for a breakdown of charges and I shall be reminding it that its client is more than capable of suppling this but supply it anyway.

 

It also asks for a breakdown/calcualtion of the Interest element. I am not sure how to provide this. I used the excel spreadsheet from vampress. Do I just cut and paste this into a reply?

 

Thanks

 

 

Odd

[lilaclaura75]

hi there

 

i have received the same letter - word for word - i am wondering if it is right what they say that the microfiche records are not covered under the data protection act and will therefore need more time to process my request

 

laura

[Odd Fellow]

hi there

 

i have received the same letter - word for word - i am wondering if it is right what they say that the microfiche records are not covered under the data protection act and will therefore need more time to process my request

 

laura

 

Everyone gets that letter. Fact of the matter is that we don't know whether Shabbey are right or wrong with the Microfiche argument.

[Odd Fellow]

Yes, and copy a hardcopy by post too.

Thanks

[Odd Fellow]

How's this?

 

---------

Dear Mr. Denham,

 

Further to your letter of the 2nd August, I am sure that you appreciate that the MoneyClaim service does not allow the submission of supporting data when initiating a claim. Please don't try to intimidate me by suggesting that my actions have thus far have been inadequate.

 

You will also appreciate that your client has at its disposal all the relevant information that you request. The fact that is has been unwilling to supply this to you is unsurprising - it has taken me quite some time to get it from your client already and is the subject of a separate action against it. However, I have no difficulty in presenting it to you.

Please find it attached in PDF format.

 

I look forward to receiving your defence in due course.

[Jane Austen]

 

---------

Dear Mr. Denham,

 

Please don't try to intimidate me by suggesting that my actions have thus far have been inadequate.

 

 

One 'have' too many. The rest of it I think is brill!