Teebum V Abbey **** WON !!!! ****

teebum · 29th July 2006, 11:45

Can anyone help me.
I have two bank accounts with Abbey and a credit card that I will be trying to get mt charges back on. Do I need to pay £10 on each account for data protection or can I put all 3 accounts on same letter and pay just onces.

Jane Austen · 29th July 2006, 11:52

Hi and welcome. You need to stick to 1 thread only.

You can combine accounts and it's only 1 X £10 but you need to keep your claim to under £5000 so it stays in the small claims court.

teebum · 29th July 2006, 12:01

Thanks for that. I am also claiming against 4 ther companies, do I need to keep total under £5000 or each comany?

Karnevil · 30th July 2006, 08:05

each company is a different claim. Itsd only each individual claim that needs to be below 5k to stay in small claims, it can go over 5k but will go in fast track. You could do your two current accounts in one claim (if over 5k split it to two claims but you'd have to wait till one is settled befroe starting the other), then your abbey credit card, then your other 4 at the same time, if you fancy it !

teebum · 31st July 2006, 08:09

Thanks, and is a postal order ok to send as payment, I have no cheque books.

Karnevil · 31st July 2006, 08:11

yes PO is fine - KEEP THE COUNTERFOIL so you can check it later.

teebum · 31st July 2006, 08:23

Once I have sent this off (today) is there a time scale that is worked to?
Its quite scary isn't it.

teebum · 31st July 2006, 08:29

Also what happens if it goes over £5000, I see from other threads that some claims and settlements are well above this?

Karnevil · 31st July 2006, 08:35

hi teebum
Personally, I would send your prelim letter for an estimated amount(based on the 14 months of statements you will get) when there are 28 days left to run on the Data Protection Act request. That way when the Data Protection Act time is up you are ready to file a claim when the 40 days are up. Either estimated, or actual amount, and if need be you can do a joint action for non compliance of the DPA.

If it goes over the 5k in charges on ONE ACCOUNT (not including section 69 interest or court costs) it may be allocated to fasttrack where you may be liable for costs of the other side if you lose - I think this is restricted to £750. But really it best to split claims to stay within small claims, and split from oldest date to recent date so you can claim the rest in a second claim later. If all three come to more than 5k then you will have to claim for these one after the other rather than at the same time. If all three come to under 5k you canprobably do them all on the same claim.

Hope that helps, Karne x

teebum · 31st July 2006, 08:44

I do not have an estimatedamount, this month I had 11 £35 charges.

Karnevil · 31st July 2006, 08:49

your estimated amount would be if you dont get your statements from Abbey.
You'll get your 12 months statements so you can take that figure and multiply by 6 to give you an estimated amount to start claiming on.

11 x £35 charges is ridiculous - have you tried calling them to get a reversal of some of them at least in the meantime....might have to argue for a while or phone back till you get a human - try the 08457654321 number as they are in the UK.

teebum · 31st July 2006, 09:03

Am on phone now, they are arguing as you said, but have put on hold for debt management.. thanks again for help

Karnevil · 31st July 2006, 09:09

s'ok.... you really have to ARGUE ! and dont accept in full and final settlement ANYTHING.

Debt management makes me laugh - they made the flipping DEBT

and dont let them say the only thing they can do to help is remove all access to your account unitl the DEBT is repaid....

teebum · 31st July 2006, 09:18

charges thi smonth totalled £365.20 the reversed £125.00

Karnevil · 31st July 2006, 09:23

well at least its something..... well done.

you can claim all the rest back now

teebum · 31st July 2006, 11:40

I have now posted the Data protection letter, what happens next (sorry not very good at this)?

Karnevil · 31st July 2006, 11:48

you wait ! take it as it comes - you can spend the next week reading thr FAQs and lots of Abbey threads so you'll be well prepared for whatever abbey throw at you

I expect its the microfiche letter next though

teebum · 31st July 2006, 12:19

Will try to keep progress up to date.

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31/07/06 sent Data Protection letter to Abbey.

teebum · 12th August 2006, 20:44

Received this letter today, what do I do now.
Dear ********
Thankyou for your letter dated 31st July 2006 which we received on 1st August 2006, requesting information on your bank account. I also acknowledge receipt of your £10 fee for account ********1. A further £10 is required for account *********2.
Unfortunately, we are unable to supply a list of charges applied to your account for the last six years because we do not store this information seperately from other transactional data. We can only supply a list of the transactions on your account, which will include details of any charges applied.
i

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31/07/06 sent Data Protection letter to Abbey.
09/08/06 Recived fob off letter

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