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I have read all of the FAQs and some of the threads. My partner and I have 4 accounts with Abbey (2 mine, 1 his and 1 joint). I did my DPA letter on 15 December and received the last 12 months statements and then some on microfiche. There are transactions missing between the last date on the microfiche and the first date on the statements. I have rang Abbey twice and last Monday sent the 7 day deadline letter.
I have calculated the charges using the information that I have and there is approx £1,000 to £1,500 on each account. The microfiche does not give a running total of the account on the microfiche prints and I have therefore used the simple spreadsheet. Is it worth using the complex spreadsheet giving the amounts due on each account?
Also as the 7 days are up, do I send Abbey a letter asking for the money back, submit a claim to court for the missing information or submit a claim to court for the missing information and the amount of charges?
Any help greatly appreciated as I'm starting to pull my hair out!!!!!
Many thanks
The "complex" spreadsheet keeps track of the balance because that's required to calculate the overdraft interest they took resulting from the charges. The simple one doesn't because it's for calculating simple interest @ 8%. These are two different approaches and you need to decide which you want to follow. There are several threads in "General" about "contractual interest".
On the missing transactions, I would just estimate those charges using the average for the periods you have statements/microfiche. Getting into court action regarding DPA non-compliance will complicate and delay things - only worth doing (IMHO) if there are loads of missing statements/microfiche. If it's just, say, a month, I would estimate.
I would go to the Prelim letter modified slightly to request again the missing statements. In the schedule of charges which you attach I would be slightly devious and not show any for the missing period(s) until the next stage after that (lba) - see what they do.
re the list of charges not including the account toal, i wrote to them asking for the charges back and said that as they had failed to give me the information i needed to extrapolate the full level of interest i ahad paid i could assume that half of the time i was over the overdraft limit at their rate of 28.7% and half the time i was under the overdraft limit but charged for some other reason and that was 9.9% then i divided the total into 2 and applied interest at the rates listed for the periods i was charging for ( check the rates you are paying as they may be diff we closed our account over a year ago)
i offered to ammend my figures if they were able to prove the actual ammounts we paid or were to give me the information i needed to work it out.
they didnt, probably because we were at thre highter rate for a lot more than half the time.
they paid up on my claim when after getting their defence in 2 weeks late, filling allocation questionnaire 3 weeks late they failed to get statements to the court as ordered by the judge, i called them and pointed out that i coulkd ask the judge to action the Civil Procedure rules in this case and throw out their defence, they paid the same day, in full, with interest
Received letter from Abbey dated 22 Feb 07 saying they would send my statements for the last 13 months under seperate cover (which they have)
the letter also acknowledged my receipt of £10.00 which I sent with DPA letter on 6 feb 07.
The letter then goes on to say ....".....Any previous transactions have been archived onto microfiche and it is not possible to provide you with a computer printout of this information. However, we have made arrangements to send you a list of archived transactions between 2001 and 2005 ......
With regards to any "manual interventions" that may have been made on the account. We consider "manual intervention" to mean an action that is not automatic or computer-driven. Not all manual interventions are recorded, e.g if a member of staff looks at a paper document relationg to an account, a record is not always required. Similarly some interventions may relate to work carried out by a department rather than individuals where no central record of activity is kept because this is not the kind of information we need, or more importantly, that a customer would usually request."
Again signed by Pam Speed - can anyone shed any light on this,? or am I just being thick?????
Also asked for a copy of the letter they so called sent to me telling me that they had cancelled all my DD's - they told me they haven't got a copy of the letter, but they could give me the general letter they send out?????? or write me a letter, telling me that it was them that had cancelled them???
Sorry for taking so long to reply. It didn't take that long I got them within the 40 days but there was info missing from the last date on the microfiche to the first on the statements. I rang twice and then did the 7 day letter and still nothing came.
I posted my preliminary approcah letter last Saturday also telling them that they still haven't provided me with all of the information and that my claim could be higher because of this. I have this morning received a reply saying they are sorry that I am complaining and want to investigate it fully and will write to me in 4 weeks if I have still not heard, blah blah blah. I'm giving them till next Saturday then I'm doing my lba.
One thing I've just read on another thread about amalgamating claims. I am claiming on 2 of my accounts, one joint and my partners account. What would be the outcome if they amalgamated all of them. I want to claim them at the same time because I was going to use them to pay for my wedding!!!
Hi, i've sought advice after reading your last post. I think you might have a bit of a prob there. No prob with claiming joint acc but as to the other, you may have trouble. can you not keep them apart? has your partner given written consent for you claim on her behalf?
in the end it might work out ok but its just something you need to think about. I don't think its allowed but i can't be sure
Hi bp many thanks. With regards to the accounts, I have sent separate letters for each account, all be I've sent them in the same envelope to save on postage costs. With regards to my partners account he has signed all letters from him, I merely do the work and post them with mine. We both also sign the letters on the joint account.
Can Abbey pay off my overdarft or loan that I have with them with money that I am claiming back. I know I have read somewhere that when I submit my claim to the court I should ask for payment by cheque but I wondered if they could and would do this.
hi, to be honest, i'm not certain but i think they can. i had this worry so decided ahead of time to come to a revised payment agreement with them. I know that once this has been agreed and as long as i keep to my payments, they can't take my money even if they want to. is there no chance you can do this? As to your loan well this is more difficult as that was a separate agreement so you can't argue that its in dispute the same way you'd be able to with your overdraft if part of it was made up of charges.
Sent my letter requesting repayment of my charges within 14 days (sent on the 15 March) I received the same letter as you on Monday this week about investigating fully etc and let me know in 4 weeks....blah blaah blah
Did you wait or send them another letter? If you dont hear from them by the time the 14 days are up, do you send them the letter threatning court action or give them more time?
Getting a bit confused as to which letter I have to send next.
Basically send your next Letter, lba from templates library, on 29th March. Dont forget recorded delivery ???? Carry on........ Fendy xxx And then if no reply by: 16th April, taking into account the two extra days bank holidays for easter, then you can file your claim with court on 16th April.
All the best. But will be piece of cake. Indulge, enjoy it, eat it. Fendy xxx
NATWEST BANK CLAIM - £16,100.00 WON
ABBEY BANK - £5500.00 WON
CAPITAL ONE VISA - £1800.00 WON
HUBBYS CAPITAL ONE VISA £2012.00 WON
TOTAL WON TO DATE: £25,400
************************* ************************
NATWEST BANK -CLAIM 2 PRE 6 YEARS- ONGOING
ABBEY BANK -CLAIM 2 PRE 6 YEARS - ONGOING
YORKSHIRE BANK - AT SAR STATUS
HALIFAX CREDIT CARD - AT SAR STATUS
PLENTY MORE TO START LATER.
STRENGTH IS SOMETHING YOU CHOOSE IN LIFE, ITS A CONSCIOUS CHOICE YOU MAKE, YOU ARE NOT BORN WITH IT. YOU LEARN IT.
STRENGTH, YOURE NOT BORN WITH IT, YOU LEARN IT DUE TO WHAT LIFE DOES TO YOU.
just noticed that HSBC have now suddenly started charging me an overdraft fee when all previous charges have been called notified charges would this have anything to do with my prelim letter I sent?
Can this be classed as a charge I can claim back or not?
Just realised I have made a boo boo on my prelim letter to HSBC, changed all my details i.e account number address etc, but the first line reads".... you Abbey national.." instead of "....you HSBC"
Posted my lba on 10th April recorded delivery. It was signed for on the 13th. I work for a Law firm and my office is behind the Law Courts. I'm going across in my lunch hour next Tuesday to submit my N1.
Incidentally, I received another standard letter from Abbey saying they apologised that it was taking longer than 4 weeks to respond to my complaint blah blah blah.
I am in the process of completing my N1 (just getting round to it now!) I have just checked the Courts Service website for their charges. I am making 4 claims (2 my personal accounts, 1 my partners personal account(he is signing everything I'm doing the leg work!) and one joint account).
We are claiming in between £1,000 and £1,800 for each account. The fees for each one will be £120 making £480 in fees in total. I know I can claim it back but we really can't afford to fork out all of that money now. I have spoken with someone at work who said lump them all together providing they amount to less than £5,000.
Can I do this for my 2 personal accounts and the joint account and submit my partners separately resulting in only 2 court fees instead of 4?
Got home last night and had a GOGW letter for our joint account only offering just over half what we want back. The letter is dated 18 April and they said they will put the money into our account within 10 days.
I don't want them to do that. Can i accept it as part payment and ask for a cheque as I wanted to pay it into my umbrella account.
Also any response to my earlier thread on adding them all together would be greatly appreciated
I faxed Abbey yesterday and posted the letter accepting the GOGW as part payment. I never received a GOGW for the other 3 accounts.
I've been to the Court at lunchtime and handed in my N1's for my 2 accounts and my partners. I have lumped my 2 accounts together to save on the Court fees. The clerk told me its taking them about a week at the moment to serve so I should hear soon!
Sick of Abbey v Abbey
(2 mine, 1 his and 1 joint). I did my DPA letter on 15 December and received the last 12 months statements and then some on microfiche. There are transactions missing between the last date on the microfiche and the first date on the statements. I have rang Abbey twice and last Monday sent the 7 day deadline letter.
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Re: Totally confused
Re: Totally confused
