Am I still on the right track??

[clarion48]

Hi Liz,

 

Yes, you should include those £15 charges as well. Anything that is a charge.

 

It would be a good time to put your bundle together now. Can you post on here what the judges directions are in relation to the hearing please.

[Liz Irwin]

Thanks I will add these charges to the list. As yet I have not received any directions from the Judge in relation to the hearing. Is this a bad thing? Sorry if I seem a bit dim but this thing gets very confusing.

Also Aftr a thorough check of the bank statements they have sent me, I actually have 5 missing for 2003. As this was a particularly bad year for charges (about £1100 over 7 months), I feel it is worthwhile asking for them. Do I have to wait till the 40 days is up before doing this?

I have carefully checked through the duplicate statements and found another error. Some of the duplicates for 2006 do not show the charges which are on the originals. I wondered if this was because they automatically refunded £660 to my account even though I did not request this. Is this not fraud on their part? Im darn sure if I changed original forms it would be. As I used the duplicates for the calculations Im pretty sure they are going to owe me more thaan I originally estimated.

It has taken me a while to post this info as my laptop crashed, thank god I'd saved the list of charges. Grateful for your help

[clarion48]

Liz......I'm a bit confused. If you have a hearing date you must have had directions telling you the date and that it is small claim track.....what else did that letter from the court say?

 

As far as the statements......if you have proof they have altered your statements then you need to report them. I'd write and tell them that.

 

When did you send the SAR? You have to give them 40 days from then. You could ring them about the change in your statements.....tell them there are discrepancies between the originals and the summaries they have sent you, which you are considering reporting. At the same time..ask about the missing ones and when you are likely to get them.

 

I think you should pm a mod for help with those discrepancies....that needs dealing with properly.

[Liz Irwin]

Hi again Clarion, the letter from the court is as follows:

 

before District Judge xxxxxxx

 

Upon both parties consenting to this claim being allocated to the Small Claims Track despite the value of this claim

 

District Judge xxxxxx has considered the statements of case and AQs filed and allocated the claim to the small claims track.

 

The hearing of the case will take place at 10.45 on the 18 September 2007 at xxxxxxxx County Court and should take no loger than 15 minutes

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

There are some notes at the bottom about what to do if you choose not to attend court etc.

 

The 40 days from when I sent the SAR are not up yet. Shall I ring them on Monday and if so is it the complaints dept?

 

Also Im really sorry for being so stupid about all this but cant get by head round these abbreviations -- must be old age ( I cant send text messages either!!) What does pm a mod mean please. Thanks again

[Liz Irwin]

Missed a bit out --I know the statements are not the same as the originals as I have the original in which I highlighted the charges and sent copies to the court and abbey.

[clarion48]

Okay - pm a mod means that you need to send a private message to a moderator. You do this by clicking on a moderators name and then clicking "send a private message". Try GaryH - he's really good. You can find his name on one of the posts on my thread - click on that.

 

Right - you have time to wait and see if they send the other statements as your hearing isn't until mid-september. I would let your 40 days run and then take it from there.

 

As far as the altered statements go.......this is completely illegal and needs to be dealt with properly and quickly - that's why I think you need the help of a moderator. I suggest you pm GaryH and explain what has happened with the summaries in comparison to the originals.....then see what he can suggest.

 

You do need to think about your court bundle as well......I know you have time.....but it takes lots of time as well.....especially if you have lots going on. Just make a start on getting bits together.

 

Hope that helps?

[Liz Irwin]

OK Ive got the bit between my teeth now and Im not going to let go till Ive beaten the cheating bxxxxxs. Thanks again. No doubt you will hear from me again soon

[Liz Irwin]

Very soon in fact !! just been on GaryH thead and apparently hes not answering pms at present. Can you recommend anyone else. Didnt realise you were a nurse as well

[clarion48]

It's okay Liz......I still think you should pm him......I can't think of anyone else that could help with that particular problem.

 

All the mods have the same message on their threads......sometimes you need to go with it. Tell him you have your court date but really need help...you can say I recommended if you are worried.

 

If he doesn't answer...I'll think of something else! Just realised Michael Browne is on here......he can help....please Michael!!

[Liz Irwin]

Ive just worked out what they have done. I thought Id better get my facts absolutely correct before I bothered Gary. On the original statements I have, the list of charges is on the first page of the statement (and sometimes overleaf in my case). On the duplicate statements, the charges are not on the first sheet, but sure enough they are listed under the 25th of each month inside. Devious arn't they? When I was calculating the charges last night, and had to use some of the duplicate statements, innocent as I am I assumed the charges would be listed on the first page, as on the originals so innocent and trusting as I am, didn't bother to look through the statements properly.

I still feel this is underhanded and misleading and surely cannot be legal? The deeper I delve into this the madder I get.

[Liz Irwin]

Should have added....... I thought it was strange that the charges werent as much as I thought for last year, now I know why. Looks like my estimated claim was nearer the mark.......maybe the true amount will be a good deal more

[clarion48]

Okay Liz. Just work through them all......get your spreadsheet completed and then you need to start work on your bundle. Have you had direction from the court telling you when it needs to be in and if you need to submit a witness statement etc.....it would also say when documents have to be in by.??

[Liz Irwin]

Hi again, No Ive received nothing else from the court as yet......when should I expect further instructions from them?

[clarion48]

Is there any way you can scan and post here a copy of what you have had from the court......block out your personal details first though.

[Liz Irwin]

I will have to wait till my son comes home (not at all technically minded), but the only thing I have received is the letter as stated above..... you are beginning to scare me now........should I have received something else.....could it be lost in the post?

 

Also, it got too complicated to add in the charges Id missed to the spreadsheet so Im starting again. Im writng them all down first and grouping them into months so I dont forget anything. Just been checking through Ocober - November 2003 and Ive been charged 3 times for the same direct debit and twice for the same cheque! Is this because they would have been re presented by the companies and there was still not enough money in to clear them? I know I should have read through my statements properly when they came..... But to be quite honest with you because my finances were in such a state I was so scared every time the postman came in case it meant more bad news. I feel such a fool now. I need all the help I can get please.:o

[clarion48]

Liz......there isn't anything to be scared or worried about. Usually when you get the hearing date there are directions from the judge to say that all parties should exchange the documents they are to rely on in court by a certain date......mostly this is 14 days before the hearing. Yours isn't odd....or wrong....just different......as no timescale is stated. Nothing to worry about. Just start preparing your bundle (the spreadsheet can go in later when it is done) - the sooner you get it in, the sooner you get your money!!

 

Yes, the most likely reason for the repeated charges is that the DD was resubmitted and there were no funds to cover it......you would automatically get charged again......right or wrong?!

 

Download the basic court bundle.....start looking for the bits you need and then yell when you get stuck.

[Liz Irwin]

Thanks again Clarion, I really must learn to control myself from these panic attacks..........believe it or not Im usually quite self controlled!(Honest) Anyway Ive been reading your thread and feel quite humbled to think you are helping me when your court date is not that far away and you sound like you've had a tough time of it recently. I will keep reading and wish you every success. Warmest regards Liz

[clarion48]

You're most welcome......that's what it is all about.....helping each other.

 

I'm about ready for court....not much to do after the bundle goes in except read and wait for the settlement to come......and it will. !!

 

Please yell if you need help......you can post on my thread if you want... now you know where it is.

 

Wishing you every success....and an easy ride!!

[Liz Irwin]

Need help again Im afraid.... Just about to send non compliance letter (template 2) as the 40 days has expired and I have not received missing statements.

Even though I have a court date can I still use the bit about applying to County Court for an order to enforce compliance, together with damages at the discretion of the court?

Help please............

[Liz Irwin]

Sent off the non compliance letter on Tuesday morning. Heard nothing yet. Can anyone please advise me on what to do if I dont hear anything after 7 days has expired??

[clarion48]

Hi Liz

 

After the 7 days are up you have two options....you can either lodge a formal complaint with the Information Commissioners Office...as I did (you will need proof of postage & delivery plus copies of your SAR & LBA) or, you can go the route of court action.....that means filing properly at the county court and you will have to pay the fee to file, which I believe is around £65 but depends on what you are claiming ie damages etc.

 

The ICO takes 14 days to get a reply.....they agreed with me and have written to Abbey telling them to comply with data protection as a matter of urgency. If that doesn't work....then I will go the route of filing in court for Pre-Action Disclosure. Another cagger sent me copies of the papers her family solicitor drew up for her....apparently it scared the c**p out of them and they sent all her statements within a few days. She has said I can give people her link and she will send the same papers to them if they want them, which is great of her.

 

Post when your 7 days is up.....or pm me if I miss it.....

 

Best of luck

[Liz Irwin]

Hi Anita Thanks for getting back to me The non compliance letter was delivered on 29 June so I reckon they have got till Thursday before the seven days are up. Think I will go down the route of the Information Commissioners Office. In case it doesnt work I would be grateful for your friends link. Anthing that scares the c** out of them is a bonus!

[Liz Irwin]

I HAVE NOW RECEIVED ANOTHER STANDARD LETTER FROM ABBEY "Having carried out a full investigation e beleive they have been applied in accordance with terms and conditions.... blah..blah.blah........exactly the same as the one I received way back in March but this time signed by Mujahid Asan (Senior Customer Resolution Officer). They dont have a clue do they. Court date 18 September not in their diary eh ...even though they sent copy of defence. God knows whats going on! Stillnot received statements asked for though. Letter says this has been passed on to relevant department who will be contacting me shortly. A likely story.

[clarion48]

Liz.....sent some info to you by pm.....let me know if you need any more help.

 

CLARION

[ICY]

I HAVE NOW RECEIVED ANOTHER STANDARD LETTER FROM ABBEY "Having carried out a full investigation e beleive they have been applied in accordance with terms and conditions.... blah..blah.blah........exactly the same as the one I received way back in March but this time signed by Mujahid Asan (Senior Customer Resolution Officer). They dont have a clue do they. Court date 18 September not in their diary eh ...even though they sent copy of defence. God knows whats going on! Stillnot received statements asked for though. Letter says this has been passed on to relevant department who will be contacting me shortly. A likely story.

 

This is no great surprise, keep it to include in your bundle, if it even gets read by the judge (in the unusual event of abbey not settling by then) then it will demonstrate how incompetant these people really are