Am I still on the right track??

[Liz Irwin]

Can anyone help me? really getting scared Ive been ill advised. I am at the stage where I returned my AQ and on 19/04/07 recived a copy of Abbeys AQ. Only just noticed draft order attached but still have a few days left to complete. If only I knew how. As I have already sent in copies of my statements I have been told by a very nice lady at the court when I contacted them today that I only need to send a schedule of charges and any other relevant letters received since my original claim. Also I originally used the template advised on the BBC Money Program for estimated charges as I didnt have all my statements. The bank have not contested that the amount claimed (£5700) is incorrect and have even paid £660 back into my account as "a gesture of good will" (I informed them I would be pursuing for the full amount. Am now having nightmares that somhow I have gone wrong somewhere. Can anyone reasure me please?? Sorry this is so long

[Michael Browne]

How much of the £5700 is estimated?

[Liz Irwin]

I have statements for 2003 (5 month)

2004 (6 months)

2005 (6 months)

2006 (8 months)

 

If you want exact figures I will need to work it out. I have no statements prior to this. Used the calculation given on Money program website. estimating about £3500. Is this OK?

[Michael Browne]

Well not really. I know this is what the BBC advises and their letter says that if the bank disagrees with your figures to supply a list of charges, but the bank is under no obligation to provide anything unless you send a DPA SAR.

 

The onus is on the claimant to prove the charges, not on the bank to disprove them and the court can (and does) ask you to provide a schedule listing the type of charge, the amount and date of each and every charge, which at the moment you can't do.

 

You should send a DPA SAR asap or alternatively ask for copy statements of all your missing statements even if it means paying £5 a time for them.

 

Once you know the actual total, you may then need to amend your claim.

[Liz Irwin]

Michael the amount calulated from statements is £2609 I think (Maths not my strong point!! Can u help?

[Liz Irwin]

I have to send the draft order in by 16/05/09 can I send in the SAR after this?

[Michael Browne]

Send the SAR tomorrow:

1. Data Protection Act, Subject Access Request letter - List of charges

 

I would forget the draft order, because if granted one of the things you have to produce would be a detailed schedule of charges. So just fill in the AQ as per the guide:

Allocation Questionnaires - A guide to completion: N149 & N150

Allocation Questionnaires - A guide to completion

 

but in section A tick yes for a stay:

Section A - Settlement

Do you wish any further action in this claim to be postponed for one month so that you and the other party can attempt to settle the claim either by informal discussion or by alternative dispute resolution?

Since this will give you extra time to obtain your statements

[Liz Irwin]

Sorry Michael if I wasnt clear. I sent in my AQ on 05/04/07. The draft Order for directions was attached to the back of the AQ from Abbey, presumably from the judge. It says if I dont comply with the order, the claim will be struck out. Do you mean that because I sent the statements originally this will suffice. I have received a court date set for 18/09/07 today. (seems a long way off). Sorry for being particularly stupid.

[Michael Browne]

Ok, sorry my mistake.

 

 

The draft Order for directions was attached to the back of the AQ from Abbey, presumably from the judge

 

Right, Abbey's AQ will have been sent to you by Abbey not the court. If there is a draft order attached to it, it will be something that Abbey is proposing, in other words not something being ordered by the court. Does it actually say draft order on it?

 

Can you post word for word what it says.

[Liz Irwin]

Well now you come to mention it the lady at the court seemed to think it funy there was no date on it. May be Im panicking or nothing. I dont know what a draft order looks like but Heres what it says.

 

Draft order for Directions

1. The claimant shall within 28 days of service of this order send to the deendant and the court

a) a schedule setting out each charge repayment of which is being sought, showing the date amount and reason given (if any) for that charge being made:

b) Copies of any statement or other document relied upon as showing that each and every charge has been made:

 

If the claimant fails to complywith his oder, the claim will be struck out without further order.

 

2. The claimbe allocated to the small claims track for hearing not before 5 August 2007

 

3. 14 days prior to the allocated hearing date, the Claimant and Defendant shall file and serve:

a) copies of all documents (including expert's reports) on which he/it intends to rely at the hearing;

b) Any witness statements must be included in the documents filed and served; and

c) copies of decided cases and other legalmaterials to be relied upon.

 

As this was attached to the back of the AQ from Abbey, is it a mistake. It has no claim no or anythng at the top

 

Also Ive copied the S.A.R - (Subject Access Request) but altered it slightly to say that if the statements show that the charges are higher or lower than our estimate we will apply for an amendment is this OK

[Michael Browne]

Ok a Direction Order would be on headed notepaper (is this just a plain sheet?) it would not have 'draft' and would read something like 'District Judge XXXX orders that...' and would be dated.

 

Read through Abbey's AQ and see if they are proposing this. Finally on Mon phone the court, explain and ask whether a Direction Order has been issued on your claim. I suspect the answer will be no.

[Liz Irwin]

Thanks Michael, can I send in the dat protect. letter. Abbey have writtn on their AQ the amount claimed as £5950 which presumably includes the cost of claim and AQ. I suspect now that the true amount is well over the amount I have estimated and despite dragging it out they posibly feel they are getting off lightly with this amount. Should I send them a list of the estimated charges with the DPA letter and inform them that if the statements show the true amount to be less or more than my estimate I will amend my claim. Or have I really screwed up and its too late for this. I didnt discover this website until after Id filed my claim.

[Michael Browne]

Should I send them a list of the estimated charges with the Data Protection Act letter and inform them that if the statements show the true amount to be less or more than my estimate I will amend my claim.

No, I wouldn't make any mention of this at all, just send the SAR as per the template. But do it today, time is of the essence and don't forget to phone the court on Monday to check re: direction order.

[Liz Irwin]

Thanks again. On my way to post office now. No doubt you will hear from me again as I cant stop panicking about all this.

[Liz Irwin]

Just before I go I have checked through Abbeys AQ. In section H they have ticked Yes to have attached documents and yes to have you sent documents to other parties. The only thing attached was this draft order. Do I have to comply with this??

[Michael Browne]

No.This is a draft order that they are asking the judge to agree to. If he does you will be notified of what is required.

 

BTW send the SAR recorded delivery and don't forget £10 fee.

[Liz Irwin]

Posted off the SAR with the £10 and by recorded delivery. Relieved I dont have to do anything else at pres. I can relax and enjoy my weekend. Hope you enjoy yours too. Thanks again

Liz

[Liz Irwin]

In response to sending SAR, received summary of charges from Jan 2004 -feb 2006 and duplicate statements covering last 14 months, sent out 30 May. Then received letter dated 1 June, enclosing list of transactions from 31/01/01 -29/01/03. Now in process of checking if I have all information. Been too busy at work to do this until now. The today my husband received a letter from abbey (its a joint acount) exactly the same as the one received when we first started, saying they are sorry for their delay.... research taking longer than expected........write to us again in 4 weeks telling us how they are getting on....etc, etc. First letter signed by Marc Winder (Head of Complaints) second letter signed by Richard Harris(Head of complaints). Three questions please if anyone can help.Has anyone else experienced this, after they have recieved their court date?? Do abbey know what they are doing anymore?? Also if I find the actual charges are less or more than the ones I estimated do I readjust my claim in court? Grateful for any advice please.

[clarion48]

so glad your summary of charges has arrived and all is definitely not lost.! check carefully through them all and see what is owed to you - use one of the spreadsheets available in the bank templates library, this will calculate your interest as well.

 

as to the letter about investigating, which is then followed by the one you have now......taking longer than expected......it is a pretty standard letter they issue. take no notice of it......stick to your timescale......send the LBA and give the time allowed for that. they have done the same to me.. I have now filed a complaint with the information commisssioner as they have failed to comply with my SAR, which is also a second claim, and they ignored my LBA.

 

were the letters relating to the same claim you have just received the summary & statements for....that's a little confusing as you say its a joint account? if it is, and you have what you need, just ignore it.

 

if the charges work out less i'm not sure if you need to adjust your claim.. as you have only sent a guessed list so far i think it will be okay to just send the correct one. if it works out more.....by a lot, you may need to do as i did and file an n244 amendment. the judge in my case just added a bit in to his directions to say he agreed to me doing it.

 

good luck......just keep asking for advice as you go along....you'll be fine

[Liz Irwin]

Thanks for your help, every now and then this panic wells up, but when I go on this site I feel more optimistic. Just gona check through all the statements an things now. From the first glance there may still be a few missing watch this space PLEASE!!

[clarion48]

i know that panic, but you really will be okay. there are so many smart people on here to help point you in the right direction. just keep posting each step on your thread.....someone will always come along and help.

 

i will keep checking back on you and i know lots of others will as well.

 

all the very best

[Liz Irwin]

Have just checked through, only 3 statements missing:

June-July 2003

July-August 2003

December-January 2003-2004

Will this matter, or should I just fill in the spread sheet with the info Ive got now??

[clarion48]

It's up to you realy Liz....if you want to just go with what you have, that would probably be okay. It will hold you up to do battle with them for the rest.....but if there are lots of charges likely to be on them......it may be worth it.

 

I'd fill in your spreadsheet anyway....as your claim is already in progress. It's not that you're just starting out so can afford to wait for them all. I personally think you should get on with it as only three are missing, because the court will want a proper summary of the charges you are claiming soon. I just went back and read your first post.....as your AQ is already in I would get your spreadsheet done and then send a copy to the court and ask that it be attached to your AQ/file - and send a copy to shAbbey. Again, make sure you do it all by Recorded Post.

 

Then you need to wait for directions from the judge and allocation to the small claims track etc.

[Liz Irwin]

Thanks Clarion I started doing doing the spread sheet provisionally last night as I thought this might be your advice. My case has already been allocated to small claims track. Court date on 18 September. Should I start to get the court bundle ready and send off a copy to Abbey as soon as I can?

[Liz Irwin]

I have just completed spread sheet and found that actual costs + interest amount to £4799.87. I have not included any £15 charges for exceeding overdraft on spread sheet which I did originally. Should I have included these? Ca anyone help please.