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Abbey acknowledges e-banking request past 6 years statements
Just received a letter from Abbey dated 15 March with the following:
Thanks for your recent e-banking request for copies of your statement. I've sent your request for copies of your statements to our administration department as they've been archived so they'll send them to you shortly.
If you have any questions please give us a call on the number above or pop into your local branch.
Let the battle begin !!!!. My compliments to all on this website and also best wishes to all who have or are about to begin. Will keep you informed as time moves on.
Hi! I submitted an E-banking request for 6 years worth of statements & got the exact same letter!! Do you think the Abbey are getting a little worried?!
Great. I'm still waiting !!!! There was also nothing mentioned of having to pay for it. So lets wait and see. Fingers crossed. Lets keep this thread alive and keep each other informed.
Started this on 15 March 2006 with Abbey and have been so busy with one other bank with whom I've almost settled (HSBC). Find myself lost now and can use some advice please.
15 March Abbey acknowledging e-banking requests for copies of statements.
15 May DPA SAR request sent to Abbey with £10 cheque
25 May Abbey takes £10 from my account
26 May DPA non compliance letter sent giving them 7 days to comply
(deadline 2 July).
I've done everything possible to get my bank statements and need to know how to proceed. How can I proceed without knowing how much they owe me? Have read the threads and haven't been able to find the answer.
Any help would be aprreciated.
Base the estimated claim on the info you have from the statements in your possession.
If you have no statements at all then ring them and remind them they have taken the £10 and you expect what you paid for. This was a SAR and they have to comply under the terms of the DPA. If still no joy then take them to court for non-compiance. See alanfromderby's thread and the sticky about this situation.
Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.
Abbey: SETTLED IN FULL BoS M/card SETTLED 27/09 Aqua CC (Halifax) SETTLED 28/06 GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9 First National Mortgage Data Protection Act sent 14/6 Statements 26/7 Cap 1 - SETTLED IN FULL Abbey x 2: 50% offer refused AQ filed
I could do with some help from moderators. Today I received the following letter:
Dear Sir and Madam
We act for Abbey National plc in this matter. Please note that any further correspondence should be addresssed to us at this office. We are in the process of reviewing this claim and preparing the banks response. A defence will be filed in due course. In the meantime we note that you've claimed an unspecified amount not exceeding £5000 in respect of charges that you say have been made on your Abbey account. However, you have provided no details as to how this sum has been calculated and the amount apportioned to the charges. You have also provided no details on how the interest has been calculated. As you will appreciate you will need to produce evidence to the court of both amounts and this informationshould have been supplied by you when I filed your claim. We should be grateful if you would provide such details to us as soon as possible. We should add that if you have any doubts or concerns regarding your legal position, you should consult a solicitor or citizens advice bureau.
Please review counts of events that have taken place
ABBEY
- Acknowledges receipt of my e-banking request for copies of statements past 6 years. Abbey letter dated 15 March 2006
- DPA SAR sent by special delivery on 15 May 2006
(My Abbey £10 cheque debited on 25 May 2006 from Abbey account)
(40 days deadline up on 23 June 2006) no reply
- FINAL 7 DAYS TO REPLY BEFORE COURT ACTION sent on 26 Jun 06
(7 days deadline up on 2 July 2006)
Application put thru with parachute account to switch accounts with Abbey on 8 July 2006.
Count Court issued on 18 July 2006.
The Court sent it to the defendant by first class post on 18 July 2006 and to be deemed served on 20 July 2006. The defendant has until 3 August 2006 to reply.
- Letter received on 2 August 2006 from DLA Piper Rudnick Gray Cary (see above).
Obviously I don't have an exact figure as I'm still waiting for Abbey to give me my statements. Hence I cannot give any interest figure either.
Hiya, Its a standard letter from DLA so don't worry. they just want you to send a schedule of charges - if you claim was for an estimated amount then break it down in to years or months and present it on a spreadsheet. Did you put any amount in the claim, or just an unspecified amount not exceeding 5k ?
Also in your prticulars of claim did you put the interest section 69 statement in ? You can work out interest on estimated amount....if applicable I'll go through what I did with you.
Or I would guess you just could write back and say the amount is unspecified as Abbey have not yet provided me with my statements in order to calculate the charges - Abbey will have the information I suggest you get it off them or pay me the full 5k.
Have you entered a seperate action for the DPA non compliance issue ?
No, Do you know which date Abbey have to defend by ?
okay was served on 20th July so they have to the 3rd august to acknowledge, give the court a call to see if they have, if they wrote to you i expect they have. they will have until the 17th to enter their defence. So again you can call the court to check if they have on the 18th or so. You'll get a copy of the defence soon after, probably with an offer of sorts, and your allocation questionaire will come from the courts.
Yes the amount is unspecified as I'm still waiting since their acknowledgement letter dated 15 March for my bank statements. I did put down to add the interest on the form for the court but as unspecified amount. I will contact them as you say, saying: the amount is unspecified as Abbey have not yet provided me with my statements in order to calculate the charges - Abbey will have the information I suggest you get it off them or pay me the full 5k.
Regarding the non compliance I've sent them a letter dated 26 June 2006 that they have failed to comply with my Data Protection Act SAR dated 15 May 2006.
Giving them another 7 days to comply otherwise court action.
Thanks Karnevil. I will reply as indicated by yourself and then just wait and see.
I've waited such a long time be happy to finalise this once and for all.
Can you post on here word for word what you wrote in your particulars of claim please, then I will try and see what the defence relates to. Much appreciated. Karne
x
The claimant has held a curernt account with the defendant, conducted on their standard and conditions since 1998 to present day has applied charges to the claimant account, totalling no more than £5000. The banks charges are a disproportionate penalty and therefore unforceable at common law. The precident for this was defendants charges are also contrary to the unfair terms in consumer contract regulations 1999 para 8 and sec.2*(1).(e). The claimant has repeatedly asked the bank to refund their charges or offer proof that they are a true pre-estimate. They have declined to do so.
The claimant claims up to £5000 being unlawfully debited. The claimant claims interest at 8% APR.
9. In view of the facts and matters referred to in paragraphs 3,4, 5 and 6 above, the defendant denies that an unspecifid amount not exceeding £5000 or any amount was unlawfully debited to the account and the claimant's claim for the repayment of that amount is therefore denied. The claimant has failed to provide particulars of the dates and amounts debited to the account and the defendant is unable to pleas to the claim with any particularity, given the lack of details.
2. The Defendant is embarrassed by the lack of particularity and detail contained within the Particulars of Claim and is unable to properly please to the claim due to the lack of information contained therein. The particulars of claim fail to comply with the requirements as prescribed by CPR 16.4.
3. The following defence is advanced without prejudice to the Defendents contention that the claim shoud be struck out pursuant to CPR 3.4(2)(a) and/or b.
Abbey acknowledges e-banking request past 6 years statements
dated 15 March with the following:
Reply With Quote
Moneypenny v Abbey
nn
Re: Moneypenny v Abbey
DLA Piper Rudnick Gray Cary solicitors
