Where do i stand?

[ayzi]

My first post, be gentle

Have read many articles on this forum about Abbey charges and, whilst the information is good, i find myself no nearer as to what i should do.

Two weeks ago i sent off a standard request to the po box address in Bradford and got the seamingly usual microfiche argument back. I've decided to send this forums Data Protection Act request template to the HO registered but i feel i will get the same reply. Is there any way i can counter the microfiche argument with my request?

I've calculated that within the past 12 months (the statements i haven't shredded) i have been overcharged by at least 800 pounds and only god knows what i will find if i recieve my requested statements dating back to 2000!

The problem seems to be that i'm on single parent benefit that is paid directly to Abbey every monday and my CB on a Tuesday. Abbey know where the money is coming from and so must know that i'm on benefits. Around two years ago, Abbey wrote and informed me that i was allowed a £250 overdraught facility and like the struggling mum and fool that i am, i accepted it. Now i can't seem to dictate when cheques or DD's are taken from my account and that's despite me ensuring i give cheques 4 days to clear and DD's taken out on a Monday. I feel they are deliberately delaying things so that i incur charges

I'm not prepared to "roll-over" on this matter with Abbey, i want what i feel is mine and my childrens back and am willing to go to court and explain myself to the judge. As i am on single parent benefit would i qualify from any state help with court cost's? I will find it hard to conjur up £130 for court fees.

Thank's for reading and thank's for such an informative forum.

[Janet-M]

Hi and Welcome

Do not send another DPAR but send the reply to thier microfiche arguments here ( bank charges ) make sure you open a parachute account as they have publicly stated they will close accounts , even though you can apply for an injuction , you need to be fully prepared.

Also be prepared for when you need to submit a claim into court, as to have the fees waivered you must show proof that you are on benefits and will need a recent letter , as in past 3 months , so if you do not have this proof write to DSS now and ask them for the proof.

please read around this forum and the FAQ's

keep us posted

[ayzi]

Thank's for the reply but i feel i may have tripped up on step one

I didn't know of this sites existence at the time i wrote and used the request off the Which website and didn't enclose £10. Should i reply to Bradford with the letter you pointed me to or just start again and send £10 to the HO?

[comanche]

If you haven't already sent the £10, you should submit a new Data Protection Act request immediately, enclose the payment and send it recorded delivery. Abbey will otherwise wait until the end of the 40 days to tell you that you made an invalid complaint. They will also be very "sorry" about it.

As mjanet suggested, you should also open a new bank account asap. Abbey are fairly unpleasant to deal with and they seem to try to pull every dirty trick in the book to avoid facing up to the unlawfulness of their actions.

[ayzi]

OK. 10 pounds sent recorded delivery requesting statements which was recieved on the 21/06/06.

As i'm on benefits, can i get legal aid for a solicitor in small claims?

I did search around but people on state benefits on this forum don't tend to post much so i'm working blind here. I'm hoping my lack of money available due to bank charges isn't going to stop me dead in my tracks

[Rich44]

No you cant because you dont need a solicitor to work on your behalf, the whole point of small claims is that you can do it all yourself fairly easy without too much legal mumbo jumbo