Camdenite Vs. Abbey

[Camdenite]

As long as you sent the S.A.R - (Subject Access Request) as per the letter in the library, they have not complied with your SAR. Bang off a non-compliance letter to them (also in library). I am at exaactly the same stage !!

Good luck

 

Hi GetEven... I cannot see a specific letter that relates to circumstances such as mine. I had to use the non-compliance tempate recently with MBNA, but it is tailored towards not receiving any statements or list of charges, not the partial information I have received. Any suggestions on how I tailor it to suit or were you referring to a specific template I haven't found?

[spring6]

Hi,

I'm just at the N1 stage. I got all the info in dribs and drabs including the spreadsheet. It was accurate when I checked it. My charges were generally applied between the 13th and 15th of every month regardless of whether it was a weekday or weekend. My problems stemmed fom this as my pay goes in on the 15th and so I was stuck in a viscious cyle of building charges and reduced available income. I struggled for four years but when I phoned to query this when I started my claim they helpfully then volunteered the information that the statement date could be changed. I've done this and it's helped lots - shame this "service" is not displayed on the monthly statements above the charges section.

 

Spring6

[Camdenite]

I managed to find the most relevant template and adapt it to suit my needs. Any comments welcome before I send it off in the morning:

 

Ms Pam Speed

Abbey

PO Box 109

Bradford

BD1 5ZJ

 

Dear Ms Speed

 

Account: xxxxxxxxx

Your Ref: xxxxxxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 10th May 2007. The disclosure of personal data is incomplete in that at least the following information is missing.

 

 

1) You have failed to provide a complete list of transactions and charges, including specific dates when the charges were deducted from my account.

 

2) You have provided no notes, or documents relating to any legal action between you and myself.

 

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

As you are aware I am still waiting for you to supply a list of charges for the period prior to January 2004. I trust that any further list of charges supplied by yourself will meet the criteria outlined above.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further 10 days to comply.

 

Yours faithfully,

 

Camdenite

 

[Camdenite]

Thanks again. No, I am missing the fourteen months that we're originaly mailed to me in February in individual envelopes and forwarded to the solicitor. However, I would assume (hope!) that the £1,540 returned was covered by this.

 

Another concern is that if I start the procedure all over again, it may be:

 

a) looked on unfavourably by the courts

b) take another six months before a court date is set in which time the OFT ruling may make my claim substantially weaker.

 

Today I received the missing statements from the last year (see Camdenite Vs Abbey for the latest drama, Can this thread be merged at all?), however they have kindly missed out April 2006. The printouts I have go to Mar' '06 and the re-printed statements start at May '06. Typical!

 

A strong letter will be fired off to Pam Speed following the one sent today requesting specific dates of charges applied during 04,05 & early 06.

 

I am now almost ready to start a claim on my own after no further communication from the ambulance chasers I originally instructed to act on my behalf.

 

Should I check with the courts first to see if the initial claim has been struck out or should I start afresh with an initial letter, LBA, file N1 etc.? Also, how do I go about deducting the £1,540 from my summary of charges I present them?

[Camdenite]

sorry to bump, but new developments today. It seems that my case is about to be struck out as an AQ has not been sent in. I have to make a decision by Monday on whether I continue the claim by filing the AQ myself or starting all over again.

 

It seems that the company I used was only claiming half the amount to keep it withing the small claims, but I've read previously this is often deemed an abuse of process by the judge anyhow, so need some advice now.

[Camdenite]

A further question: If the case is struck out on Monday will it affect how I proceed myself?

[pmahonc]

Camdenite

can't you file the AQ and then ask the court for time to prepare your paperwork stating the reasons that you are now dealing with the case yourself. When i did my AQ it was about a month later after the AQ was handed in that the court bundle had to be handed in, Mind you i was fast track.

 

pmahonc

[Camdenite]

Thanks pmahonc. If i file the AQ myself wont I be hampered by a complete lack of correspondence between the company I used and my bank if I have to prepare a court bundle? I'm quite prepared to take it on myself, but don't want to if I would be better off starting all over again.

[Camdenite]

sorry to bump this one, but need some thoughts on how I proceed tomorrow. If this case is struck out, then how easy is it for me to start again (from a legal perspective)?

[mrsfoot]

Hi

 

I think you would be better to contact the court and tell them you have relied on a solicitors firm which have let you down with regards to communication. Inform them you will need to cancel this case effective from 4th June 2007.

Then begin the case again. This will give you more time and a better chance.

[Camdenite]

Many thanks mrsfoot. I now have everything I need to proceed, it's just annoying that I have wasted six months with these clowns. I'm not going to name the company here, but if anyone wants to know then PM me.

[Camdenite]

Now I'm stuck!!!! I've just phoned the courts and they are "not sure" whether I can reinstate the case myself if I asked for this current case to be cancelled. They suggested the Citizens Advice Bureau. Any answers as I'ts about to be struck out unless I act today.

[Lula]

I dont beleive it, a court that doesnt know its own procedures, perhaps you could ring mcol in northampton and explain to them, the regulations should be the same in each court, its a disgrace that a court official doesnt know their own procedures!

[Camdenite]

I know. Would you credit it! I'm just about to call MCOL now.

[Camdenite]

I can't find a no' for enquiries with MCOL. I tried the court again and they really couldn't help.

[Lula]

ok, i am trying to get some advice for you

[Robdblynd]

MCOL Hlep Desk is 0845 601 5938

 

HTH

[GaryH]

I'm not sure whether you can withdraw and start again either. I'll check - but if its the case that your claim is struck out then you certainly won't be able to.

 

Sorry if this is a sailly question, but why don't you just file an AQ?

[Camdenite]

Err, that's a waste management co.!

[Camdenite]

I'm not sure whether you can withdraw and start again either. I'll check - but if its the case that your claim is struck out then you certainly won't be able to.

 

Sorry if this is a sailly question, but why don't you just file an AQ?

 

I don't have any correspondence between the company I used and Abbey. If I have to prepare a bundle, I won't have sufficient info.

[ICY]

Mcol 0845 6015 935

 

HTH

[Camdenite]

Mcol 0845 6015 935

 

HTH

Cheers. Just hlding now.

[ICY]

your very welcome, hope you get the answers you need from them

[GaryH]

I'll PM you....

[Camdenite]

They cannot offer legal advice. I understand the case is with A.Vent at London CC. I am about todownload a N244 and request an extension. Am I doing this right?