DPA time up - filing estimated claim, advice please?

[ANNALH]

Does anyone know how you file a claim against Abbey Business?

 

I am at the point of filing a claim but cannot use Moneyclaim online as the Defendant has to be in England or Wales, but Abbey is in Scotland??

 

I am hoping it can be done online like moneyclaimonline.

 

Thanks

[Seminole]

Why do you think that Abbey Business is in Scotland? Abbey's registered office is in England.

[ANNALH]

Hi Everyone,

 

Abbeys 40 days are up to supply my DPA info I requested. They have not banked the cheque but sent me a letter saying I am not entitled to anymore info under DPA as I have already had duplicate statements off them. (They must be getting me confused with someone else, as i have not had any duplicate statements.)

This account was a personal account opened for about a year or so in 2001.

I recently claimed my charges back on my old business account and Abbey sent me a cheque (it was a small amount). But i didnt have any of my statements for this account so put in a DPA request. They completely ignored my request until their time was up and i sent a 7 day reminder letter. Then i got this letter saying im not entitled to anymore info and something about microfiche info that they will send to me 'in due course'.

I intend to submit an estimated claim but i have no idea how much i may have been charged! I see other people are claiming the maximum £5000. I know i wasnt charged anywhere near that but they have not provided me with evidence to show otherwise so should i go in at £5000 and let them prove different? I only ask because i have seen other people do this, but i do not think it is right to do this. I think the others that have done it feel a bit guilty as they are not replying when i ask them why.

[alanfromderby]

I know i wasnt charged anywhere near that but they have not provided me with evidence to show otherwise so should i go in at £5000 and let them prove different?

 

No.

[barracad]

I intend to submit an estimated claim but i have no idea how much i may have been charged! I see other people are claiming the maximum £5000. I know i wasnt charged anywhere near that but they have not provided me with evidence to show otherwise so should i go in at £5000 and let them prove different?

 

This site aims to help people claim back what they are entitled to, not to 'rip off' the banks.

 

Putting in a frivoulus claim will jeopardise everything you are doing. If the judge didn't strike out your case completely he wouldn't look favourably on you at all.

 

I'm not sure on the legalities but considering you know you weren't charged "anywhere near that" it may also be classed as fraud if you try to claim this.

[Movingon]

Collect info about the charges you can find on your statements... let's say you have 6 months information and were charged £100 in total during that six months. This averages out to £200 per year. Claim that over a six year period which would come out to £1200 in total. When it comes to the 8% interest, apply the interest to the £200 for each year on the 15th June of that year (the middle of the year). That way you can be reasonably close to the possible average amount you would be claiming.

 

Then, if you ever get your DPA request from them (which they are required to furnish you with by law, whatever they say) and you have UNDERCLAIMED, you can LBA/MoneyClaim for the difference. If you have overclaimed you can either do it the honest way and fess up, or you can keep quiet and let them follow the process we followed to get the money back in the first place.

[Movingon]

This site aims to help people claim back what they are entitled to, not to 'rip off' the banks.

 

Putting in a frivoulus claim will jeopardise everything you are doing.

 

Not to mention the rest of us LOL.

[Spiceskull]

Too right - reclaim what they have taken, honestly, and don't mess up for everyone else. Whilst Abbey may be messing you around over your DPA request, they will know how much you should be claiming...don't let them make an example of you.

[Robertxc]

Annalh, the danger to you from putting in a claim for an amount you know to be false is not only that it will get kicked out by the judge, but that Abbey will ask for their costs as well. In small claims you're only protected from paying the other side's costs if you have acted in good faith. By claiming for a false amount I would very much expect Abbey to argue that you haven't acted in good faith, and therefoe that they should be awarded costs. Bear in mind that if Abbey go to court against you, their costs could very well be into five figures...

 

A much better idea is to make an honest estimation of how much they owe you, and go with that.

[ANNALH]

Hello,

 

Just to update you all.

 

Abbey business paid up the full amount of my exact claim.

 

Abbey personal account - they didnt reply to my DPA request so filed an estimated claim, still awaiting their response. Also filed N1 for non-compliance with my local county court today. That should surprise them!

[ANNALH]

Got to file bundle by 2nd Jan and then hearing is on 16th Jan for my personal account. still heard nothing from them. even though the confusion they had between my business and personal account has now been cleared up.

 

Looking forward to the hearing. I gave them plenty of chances to settle but they ignored me.

[ANNALH]

This topic was closed on 09 March 2019.

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