Thread: Glenn Vs Abbey

Well sent of the SAR as per my signature, today received the standard microfiche not being a relevant filing system letter from Abbey.

So tonight ill send them the 'standard' i think it is and ill claim if they dont provide within the relveant time.

the party has started, now all i have to do is enjoy myself.

Glenn

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Decided today that since i have some historical data to work with i will make an estimated claim for six years worth of bank charges.

I have two Abbey accounts that are from 97 and 99 i think, so i want to make claims for everything.

Ill get one claim started them make the others against abbey as i go along to keep all claims in the SCC and try to prevent claims being amalgamated.

I reckon that my 1st claim to abbey based on histrorical evidence will be worth 4200 plus interest and other small charges.

Glenn

Make sure you get well down the line with the first claim before starting the second. You don't want to risk an amalgamation.

Thanks NN

i guess i had intended to get the 1st claim filed in court, if it goes that far, before getting started on the second claim.

If you have any specific advice then id be happy to hear it, im very new to all this lark.

Glenn

Right how does this sound for an estimated claim.

I have 27 months of statements from 97 - 00.

I entered those into the vampiress spreadsheet (thanks for that) including the interest charged.

I then adjusted the charges to those current.

I divided the resultant total by 27 months (both interest and charges) to give a monthly estimate.

Then multiplied by 6 years, sadly this would put me well into the fast track and liable for big costs if i lost, so i reduced it to three years giving me a total of approx 4850.

just means i will have to claim several times to get all the chagres back assuming i win

For those experienced in providing estimated claims did you give any bacrgound or just prodcue a month by month schedule for the bank when you sent the claim in?

Cheers

Glenn

I just produced a yearly figure and calculated the interest from 1st June, and then my statements came, You are ok to go with the estimated, but dont forget to put in the letter that this is the estimate, subject to reciept of your statements and that you reserve the right to amend the claim.

Hope this helps

Well just prepared my prelim letter with my estimated claim, 4386.00 plus interest for a three year period. (edit : recalculated to redcue the net claim to less than 5k incl Abbey interest paid-its an estimate if the bank cares to send out all the information Ill revise accordingly for value and period if necessary)

I am planing to send out this in the morning see what the abbey think about that!

I wonder how quickly they will respond to this!

Wish me luck, im going in !!

Glenn

Right i thought i had a couple more days unitl i looked at my chart, seems the 14 days for the prelim letter expires today.

So im doing my lba two questions.

Anyone know what the Abbey interest rate is for exceeding the OD limit?

ANd with Sec 69 interest we add it to the total claim if we proceed to court. If were claiming the contractual rate, anoyne know it sounts towards the 5K limit for small claims since Sec 69 doesnt and this is in place of that?

Cheers

Glenn

I have to finalise my lba for one of my Abbey accounts, however, im in two minds whether to amalgamate both my accounts and inlcude them in a single LBA covering the period both accounts were active 1997 - 2006.

Is this feasible/acceptable?

I know about the Limitations issue and recognise this wont be simple.

However, my query is more to do with claiming the contractual interest rate which would take me well over the 5k for small claims (i have estimated a claim for 3 years on one account and this comes to a little less thant 5K without any interest other than what i have paid).

The reason for wanting to amalgamate my claim is that for one of the accounts the Abbey havent yet provided me with 5 years worth of statements. On this account I have estimated that charges plus interest paid at current rates give me a claim for 3 years of a little under 5k.

I have almost every statment for the other account, however, the amount owed represents a relatively small portion of my total claim.

My thought is to amalgamate both claims and where i have actual data to use that. Where i dont I propose to apply a nominal rate and add contractual interest (if i can find out what the Exceeding o/d rate is i will apply that).

I have been told that estimating claims should be for the small claims, However, my wife and i have discussed this at length and unless there are pressing legal reasons why we shouldnt go for the fast track i think we will go for the lot in one go.

I do recognise that we could lose substantially more than the 750 oft quoted.

Any thoughts appreciated, particularly the mods.

Regards

Glenn

Originally Posted by karnevil

Hiya Glenn

Basically your questions are -

Does the contractual interest count within the limit for small claims ?

Yes, but im pretty certain that it does after reading through some threads after posting this.

Claiming beyond the 6 years ?

Yes, apart from the obvious arguments

and

Putting a partially estimated claim in fast track..... any reasons why not ?

Thats right, I am going to write to Abbey prior to the DPA non complaince action and see if i cant get them to move on their position but im not too sure they will change prior to Sept 6th anyway.

is that right ?

I'll try and help - they are questions that need a bit of research on my part - but I'm happy to help until a Mod who knows comes along....

Thanks for the offer of assistance, I guess i am after legal reasons, not necessarily in depth because i expect to do the reading myself. We have come to the conlcusion that it may be better for us to lump everything together in a sinlge claim rather than poitentially make four seperate claims.

Hence the question amalgamate claims for both the sinlge and joint account. Include estimates for the periods I dont have statements for (primarily the single acc) and also include the period prior to 6 years.

Karne
x

Cheers for your thoughts I hvae issued the prelim and the 14 days has expired so i can enter the lba any time from now. Im not too worried if it goess a week or so over. As far as i can make out if i hjave given them more time it wont hurt.

I am also going to write to the Abbey asking for confirmation of what records they hold in terms of age. One of our esteemed memebrs wrote to them asking them aboiut this issue and received the information he required pretty quickly.

Glenn

Data Protection Act disclosure request

Dear Ms. Speed

Account Number: xxxxxxxxxxx

Following my earlier correspondence and your response we are getting close to the end of the permitted 40 day period for compliance with the Subject access request I made in respect of the above account.

In an effort to avoid the possibility of having to take court action to force the Abbey to provide the relevant data, I am writing once again to request a complete list of transactions and charges relating to my account since I opened my account – in short, a list of charges with dates and amounts – alternatively, a complete set of account statements for that period will be acceptable.

In addition, I note from your correspondence that ‘Abbey is not normally required to hold past transaction details on accounts for more than six years, we’re therefore unable to give you all the details you’ve asked for’.

This implies that all my data older than six years old has been destroyed.

For the avoidance of any doubt are you stating that the records for the above account older than six years no longer exist?

For your information I have spoken to a former employee who informs me that Abbey hold data going back to the 1920s. This former employee worked in your microfiche retrievals department, General investments, Milton Keynes I believe.

This letter has been sent by first class recorded delivery, and therefore should have reached you by 22nd August 2006 – as you will be aware, as of this date you have just 9 days in which to comply with my request. I expect this to be provided within the time period for Data Protection Act compliance.


Should there be any further attempts to delay compliance, I will be left with no alternative but to commence a county court action under section 7, and section 15(2) of the Data Protection Act 1998, and in due course, escalate this matter into an official complaint to the Information Commissioner and the FSA.


Yours faithfully,


Glenn

Originally Posted by philread1

Hello Glenn

I too am going fast track on an estimated claim(£10,500), and you say that you could lose substantially more than the £750 quoted by the oft? I don't really know enough about the fees and costs etc. at the moment and was wondering what would make the claim cost more than this?

I thought the maximum £750 costs that the defendant could claim, if you lose, was set by the courts not the oft?

Thanks
Phil

Phil

As I understand it in theory if you lost the other side could claim you were being frivolous basing your claiom on an estimate and ask for the court to award costs in respect of their work for standard disclosure.

Under these circumstances i understand that you could face a bill for a few grand as opposed to the 750 oft quoted.

its theoretical and does of course depend on whether you loose or not.

If i have got this wrong Id be happy to understand this.

Glenn

Originally Posted by philread1

Hello Glenn

I too am going fast track on an estimated claim(£10,500), and you say that you could lose substantially more than the £750 quoted by the oft? I don't really know enough about the fees and costs etc. at the moment and was wondering what would make the claim cost more than this?

I thought the maximum £750 costs that the defendant could claim, if you lose, was set by the courts not the oft?

When i said 'oft' quoted, I meant 'often', not Office of fair trade. LOL

Thanks
Phil

HTH


Glenn

PHil

Im no expert i have spent a lot of time reading various threads, i guess I have a lot of things straight in my head, but realise i know next to nothing about the law in practice. However, there is something i also have realised and that is that although we are ammatuers, we only need to study the issues surrounding our case and although there might be other things which might be useful, we can concentrate on the issues pertaining only to our particular case.

This means we dont have to worry about anything else.

So I have spent a lot of time rerading about the DPA so far, now im reading more about contract law, unfaqir conditons, etc.

right now i guess i am spending a couple of hours a night reading threads on here then various links to other sites.

GLenn