baba vs abbey

[babaton]

Hi,

 

I've had trouble with banks for years, I'd just sent off some letters to coop threatening to tell the onbudsman about their nasty fines when I found this fantastic site.

 

So I've switched my attention to Abbey who owe me far more money and I've just sent off my DPA request.

 

Should I have sent it recorded post? Are the banks that devious?

 

Cheers, Baba

[Janet-M]

Hi and Welcome

 

As long as you keep a dated copy then a letter is deemed served 2 days after you post it .If for your own benefit you did want some proof then you can obtain a free certificate of posting from the P.O..

 

 

please keep us updated.

[natalie]

Hi and welcome to the forum

 

Should I have sent it recorded post? Are the banks that devious?

 

Yes and yes:D

[funkyparott]

Banks love it when you write to the Ombudsman. Because the Ombudsman, mostly, never do anything.

 

Read the FAQS. If you don't get what you want issue a summons through the court. Don't bother with the Ombudsman nonsense. Stick to your timetable and not the banks.

 

FP

[babaton]

Thanks, Thanks, and Thanks.

 

You're right about the ombudsman, that was over a month ago and no reply, been trying to motivate myself to get back at em, then I found this fine site.

 

Recorded delivery only from now on, a small price to pay in order to avoid a major pain in the arse later.

 

One other thing I'm worried about is whether or not I need to pay any court costs.I've been reading around and noticed that if the claim is under £5000 it should stay in the small claims court, meaning I won't be liable for the oppositions courts costs if I lose. Is that correct?

 

Other than that are there any other costs involved in going to court?

[barracad]

You need to pay the relevant court costs depending on the amount of your claim:

 

http://www.hmcourts-service.gov.uk/infoabout/fees/county.htm

[babaton]

Thanks, so i'm looking at £120 if I stay under £5000 and in small claims court.

 

Cheers.

[babaton]

Hi,

 

I'm waiting for abbey to respond to my DPA request, I estimate they owe me at least £3000.

 

Has anyone had any luck in claiming larger amounts from abbey?

It seems that they pay out with little fuss for amounts under £1000, but following the "Vs" threads I can't find any where people have sucessfully claimed larger amounts. The larger claims all seems to be dragging on, I guess they're hoping people get frustrated and give up.

 

It would be good if the survey had info on individual claims so we could see at which point abbey pays out compared to the amount claimed.

 

Still, I'm determined not to give up, Baba

[dolly]

geewizz v Abbey Plc - Settled in full £3,080.27

Claim no. 6QZ18498

Filed 21 March 2006

Settled in full

 

Pink_Fairy v Abbey - CONCLUDED Claim no: 6QZ09627

 

Defendant: Abbey National plc

 

Total amount claimed: £3235 + £120 Court Costs

 

Issue date: 13/2/06

 

acknowleged: 20/2/06

defence entered 3.3.06

 

Claim amount agreed to be incorrect.

Amended to lower sum and settled in full

 

Taken from the 'Litigation COncluded' section. You will probably get to the stage of having to issue proceedings against them but don't give up. Hope they give you some hope.

[babaton]

That certainly does give me hope, I'll do some reading in that section.

[dinghy]

Don't know if it would give you hope or scare you off but whizzkids thread is worthy of a read... http://www.consumeractiongroup.co.uk/forum/showthread.php?t=3414

[babaton]

Do they have 40 working days or just plain ol days?

[dave]

Days, working or not.

[babaton]

So far....

 

31st May - Posted DPA request to Abbey

6th June - Abbey Receive DPA request

14th June - Received statements from abbey - 18/2/05 to 18/5/06

16th June - Received statements from abbey - 6/1/05 to 31/1/05

 

So now I have statements from Jan 05 to May 06 - 4 and a half years worth more to come. £985 in charges so far!!

 

17th June - Received microfiche letter from Abbey

 

 

 

Sending the Microfiche reply straight away.....

 

It looks like I'm going to have to estimate my costs, if so should I just multiply what I have so far or can I just enter a maximum estimate of £5000 forcing them to hand over the complete list of charges. Is that pushing my luck?

 

 

MODERATED :4 threads merged , please keep to your original thread when updating

[Janet-M]

You should reasonable estimate it going by what figures you already have.

 

keep us posted

[babaton]

Thanks, I'll try to be reasonable but if they don't provide me with the full record of statments then I'm going to have to give a pretty generous estimation but maybe not the full £5000.

 

Anyhow.....

22nd June - Abbey sent me the exact same set of statements they sent me last time.

 

Sent another letter, recorded delivery. I told them that I've already had these statements and that what I want is statments going back 6 years, I enclosed a copy of the microfiche letter too.

 

I also made it clear that they are running out of time in which to respond to my DPA request.

[babaton]

OK, so today is the day Abbey run out of time to comply with my DPA Request. So far they've only sent me statements going back to Jan 05.

 

Before I proceed can you guys confirm my next steps?

 

1 - File an N1 claim form which should force abbey to comply with the DPA request - http://www.dream-concepts.com/magicbunny/n1_eng.pdf

 

2 - Send Preliminary approach letter with estimated amount - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-letter-preliminary-approach-repayment.html

As for the N1 Claim Form, where do I send it? to my local county court?

Thanks for all the help.

[babaton]

Thanks for teh reply Karevil,

 

No I haven't sent a letter before action regarding the DPA request. I've sent them two letters about it, the microfiche response letter and later on I sent a 2nd saying reiterating that they had to send me data going back 6 years. I enclosed a 2nd copy of the microfiche letter too.

 

Just to make it clear to me, an LBA is basically letting them know this is their last chance before I start a court claim? Is that a legal requirement before stating a claim?

 

I've found it here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html Template 2.

 

I'll send it off and give them another 7 days, but should I wait before sending of my Preliminary Approach Letter with estimated charges?

[babaton]

ok, this morning I received a letter from Abbey saying that I've already received everything I'm entitled to under the data protection act. They go on to say that microfiche records aren't covered under the act but that they will forward me the relevant records in due course.

 

This is bull**** right? It looks like pretty much the same letter they first sent me.

 

I'm going to continue and send of the LBa for the data protection act request and also my preliminary approach letter with guesstimate.

 

It's getting exciting now, getting nervous.

[fairydustforever]

ok, this morning I received a letter from Abbey saying that I've already received everything I'm entitled to under the data protection act. They go on to say that microfiche records aren't covered under the act but that they will forward me the relevant records in due course.

 

 

Hi Babaton,

 

Im at EXACTLY the same stage! Received my second fob off letter this morning as well!

 

Will be very interested to keep a close eye on your thread.

 

Deb

[babaton]

ah! goodstuff, I've been trying to find someone at around the same stage as me, I'll have a read of your thread.

 

Good Luck!

[babaton]

Hi, I'm just about to send off the preliminary approach letter, here - http://www.consumeractiongroup.co.uk...repayment.html

 

It talks about charges plus interest which I understand is on top of the £5000 limit so It won't nudge me out of small claims court.

 

It then metions a schedule of charges, I'm estimating the costs as I only have statements going back to Jan 05.Do I need to include the schedule?

 

Finally, my estimate takes me over £5000, is claiming £4999 too brazen?

[babaton]

I've worked out my interest but I'm not sure If I should include it in the schedule of charges or if I should send the schedule of charges at this stage at all.

 

On the thread for the excel interest sheet there are warning saying not to send it off too early.It says "Do Not Use Until Filing Claim" but I'm not actually filing the claim yet am I? Just threatening to.

 

Please help, Thanks.

[barracad]

You should send a schedule of charges with the prelim and LBA but not claim the 8% interest at this stage.

 

The 8% interest can be added when you start your court claim.

[babaton]

So the section that says :

 

"I calculate that you have taken £4999 plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter"

 

Should I take out any mention of interest at this stage?