Hello All ** WON IN COURT **

[Karnevil]

Hiya
yep its a fob off. they are changing your request from a Subject Access Request into a standard request for statements. Write back and say no I want my info under the Data Protection Act and I want it to include the microfiche stuff (more eloquantly though ) you have 'such and such' days left to comply or you'' complain to the Information Commissioners Office and claim (if you want to) under section 7...
hope that helps x

[andtroy]

Hi All

Thanks Karne I tought it was just wanted to make sure, so I will go to the library now and do alan's letter.

Again thanks for your help.

Andtroy

[andtroy]

Hi

Have sent letter to Abbey ( see abbey thread microfiche argument ).

Also if you have read the previous note by me my parachute account is open and now written letters to say this is where I want my money paid in. Am I likly to get a phone call now from abbey asking why no money is going in and therefore how should I respond.

Any thoughts much appreciated.

Cheers

Andtroy

[Jane Austen]

Abbey haven't contacted me about no money going in. It's overdrawn at the moment - because of charges - what else? If they do get in touch I'll just tell them the amount is in dispute.

[andtroy]

Hello All

Well I'm going in today to give the court the N1 forms as I've had no response from Shabbey ( no surprise there then)

Had no response either for the reply relating to the mircrofiche argument letter.

Andy

[andtroy]

Hi All

Here we go here we go.

Submitted N1 forms to court today.

The final countdown

Andy

[Wendyphillips]

Hi, I have been through all the standard stuff. I asked for a list of charges since 2000 and just got copies of statements for the past year. I complained and got sent a standard 'sorry you're unhappy' letter. I have written back threatening legal action and have heard nothing. I suppose I'm going to have to follow through my threat now. Wish me luck
Wendy

[andtroy]

Hi All

Good luck Wendy.

Recieved Court papers today in the post.

the defendent ( abbey ) have until 19th July to respond.

[andtroy]

Hi All

The papers would now have been served on grabbey shabbey, oh and they sent duplicate set of statements oh dear oh dear oh dear.

I must admit the sooner I'm out of there the better. Could not roganise a P**s up in a brewery even with the taps on. And I had a letter from them saying that because of customer relations deteriorating they can close the account.blah blah blah. Do I look worried

Also it might mean me forcing abbey to relaese the info that i requested under the Data Protection Act letter through the courts. I read somewhere on here the way to go about it using the N1form is that correct if it's right or wrong could some-one point me in the right direction.

Andy

[andtroy]

Hi All

Recieved today notice that the "acknowledgement of sevice has been filed".

Defendent filed an acknowledgement on 13th July. Then next paragraph it say's

the defendent responded to the claim indicating an intention to defend all of the calim.

So does this mean they are intending to defend or is this just a run of the mill response?

Acknowledgement filed by soliciters Piper Rudnick.

Andtroy

[barracad]

It means exactly what it says - they are planning on filing a defence. Standard stuff, nothing to worry about.

[andtroy]

Hi All

Just to up-date you all had nothing from Abbey relating to thier defence so still waiting to see what happens.

I'm also going to go into the court today and pick up the N1 forms to force abbey to relaese the info on my account as they have still not complied ( no surprise there then).

Cheers

Andtroy

[andtroy]

Hello Again

I have sent Data Protection Act disclosure request and abbey have replied with:

We can however supply details of the transaction held on the microfiche on payment of an administration fee.The fee is as follows:-
£5.00 for 1 monthly statement that has been archived
£10.00 for multiple monthly statements that have been archived

.

So they are offering to reveal the info at a price so what should I do now bearing in mind that the 40 days are up, so should I just go to the court and get the papers and take it from there.

Any help would be appreciated

[Karnevil]

you have to send them a letter before action for noncompliance first giving them 7 days.

How's the financial claim part going ?

[andtroy]

Thanks for that karne I will go and have a look in the library.

The finacial claim is still on-going abbey have filed an " Acknowledgement of Service " on the 13th July. So they have 28 days from then to file thier defence, needless to say I have not heard anything yet. So that will take me up to the 10th August.

In the mean time is there anything that I should be doing?

Cheers

Andtroy

[Karnevil]

Hi Andy

Actually Abbey have until 2nd August to defend the claim (if your claim was served on 5th July (issued on 29th June) so not as long to wait as you thought.

You shoudl shortly get a copy of the defence from Abbey maybe with a 50% offer, and a copy of the defence from the courts with an allocation questionnaire. Might not come till a couple days after the deadline of 2nd August - you will be able to check with the courts on the 2nd if Abbey have filed their defence.

So you can have a relaxing week this week, bit of activity next week, then 2 weeks before the AQ's are due in..... after that who knows !

[andtroy]

Thanks for Karne I will go and top up my tan and not feel guilty about it

Having got to this stage I feel I just want to get it over and done with now but guess patience comes into play.

I might pop into the court and see if Abbey have filed anything yet.

Andy

[Karnevil]

Patience.......

you'll get a copy the day after they file the defence. If they don't get it in bang on time I wouldn't leap on the defualt judgement button/tick box it leads to more stalling opportunity for shAbbey.

I'm a terrible panicker and extremely impatient - I'm learning tho.... my next claim is going to be slow (for me) and painful (for abbey)