Does no-onw want to congratulate me..

Up to you. Pay the £3 if you don't mind being bullied. £10 is the maximum.

Well, it looks fine to me - but wait until someone more experienced than me gets back to you. Did you attach all the correspondence between you and the bank also?

I cant' speak for everyone else, but that is what I (and many others) are doing. In the original Data Protection Act quite clearly states there are 40 days (legally) to comply within. If they don't, they are clearly in breach of the Act, and it is only correct that THIS is what they should be sued for. Please see here for links to DPA non compliance/microfiche. There are lots of others - you just need to look. http://www.consumeractiongroup.co.uk/forum/showthread.php?t=8318 http://www.consumeractiongroup.co.uk/forum/showthread.php?t=10560 http://www.consumeractiongroup.co.uk/forum/showthread.php?t=7236 http://www.consumeractiongroup.co.uk/forum/showthread.php?t=8933 Alan's post at alanfromderby v Abbey - Data Protection Act Claim (AQ Filed) Financial Claim (Judgement Entered) is also particularly useful.

If you have a look at the other threads, there are a variety of stories - all coming from different angles. If you have SOME statements, and can REASONABLY estimate the amount (the court will not appreciate greed), then it would be reasonable to estimate if Abbey don't provide you with the information. However, what I intend to do (as I fully expect all the statements not to arrive) is to sue them for DPA non compliance.

I would send the dpa letter again - this time recorded delivery! Give them no reason to say that they have not received it. Don't worry about the 10.00 fee - you can claim that back anyway.

They sent me a 'list of charges', which, to be fair, was all I asked for... This bunch were the 1st I took on, and my wording wasn't quite perfect at that time. It is now, and I'm raring to get stuck in to the rest!

Good luck Eddie! Look forward to receiving! they have just paid me back (more than I asked for!) after only 2 letters!

MODs - can't quite believe I am saying this, but can you move me to 'concluded'!? Thanks (donation made)

I have just noticed... THEY PAID ME MORE THAN I ASKED FOR!! It was only 124.96, and they have paid back 148!!!

THEY'VE PAID UP!!! Today was the deadline before the LBA... Just received letter now from Robert Udy saying: "...our fees are in line... The OFT has said that it believes default fees of £12 are likely to be fair.. (er - no they haven't!)... we disagree with their analysis and believe our fees are both fair and legal. However, as a matter of goodwill, as you've requested, I have refunded your £148 back to your account (I'll let them off with the 88p!)" YE HA!!! Thanks for all your help and guidance. i'm off to fill out the questionnaire and make my grateful donation!

Have they responded to the DPA request at all? If you have sent another (recorded delivery), then you need to give them the 40 days to respond. When the case goes to court, you need to prove that you have acted in a 'fair and reasonable manner' - ie - giving them sufficient time to respond. I can understand your desperation to get the process started and your money back, but don't rush in to this. You will be able to add every charge they make to your account right up to court date anyway - so you'll get it all back eventually.

Yes, I agree it would be useful to see your text. Do you mind, Manolo? Robert, is there anything you recommend would have been useful for Manolo to say at the time? I'm putting myself in her shoes (as I will quite possobly be there in the not too distant future). Do you think it would be useful to take supporting documentation to the first hearing, such as a copy of the OFT ruling? Whilst I accept that the banks have a 'right' to defend themselves, the only reason I do think this is 'unusual' (rather than 'strange') is that, as far as I am aware, this is the first time this has happened. Am I right, or is there a link to other similar cases?

Thanks MODs. I'm sure Manolo feels a lot better now. I know I do! Robert is absolutely right in saying that it is laughable that they would claim they haven't seen a copy of their own ts and cs! However, I would play their little game anyway. Manolo - you mentioned 'gathering evidence'. What do you intend to submit?

I completely agree, Skyrocket. It all seems a bit peculiar to me... I can't see why the Judge has even entertained this.

Could a MOD please respond to this with comments please?

That's absolutely right what you have done then! Keep at it! You'll get there!

Sorry Mark - yes that is the data act non compliance letter. Did you send the DPA request letter first?: Data Protection Act disclosure request Dear Sirs Account Number: xxxxxxx Please send me a full and comprehensive list of all the bank charges I have received in the last 5 years. This list should include what the offence was, the date and the amount. Should some of this information be stored on microfiche, I will accept a complete set of account statements for that period. This should be easily retrieved from your accounting systems, and I will accept a computer print out. I am aware that you have been willing and able to provide other customers with a print-out of transaction information covering this period – and am ready to bring this to the attention of the Information Commissioner should it prove necessary. I would also draw your attention to Smith v Lloyds TSB Bank plc (2005) EWHC 246 (Ch). This letter has been sent to you by first class recorded delivery, and therefore should reach you by xxxxx. Under the Data Protection Act, you have 40 working days in which to provide me with this information

It does concern me that it was the JUDGE who put that onus on you, Manolo... Have you telephoned yet? I think this has serious implications.

Well done, Manolo! I am sure one of the MODs will be back to you today, but my opinion (and it is just my opinion) is that surely the case is not for YOU to prove these are penalty charges, but for Abbey to prove they are NOT? Only they can prove how much the costs amount to... This is a very interesting development, and I will be really keen to hear what the MODs think...

Manolo - you sound so composed and so ready! Great advice from Robert - just watch the way Judge Judy reacts when someone speaks over her!!! I won't be back until late this afternoon, and I am sure you will have posted by then. Hey - we might see you on the news before we hear from you!! Do it for your fellow Scots, Manolo! This post will be so helpful for the rest of us. "Have 'fun'"!!

still no reply from anyone in Scotland who has apparently been this far..? Are you the VIRGIN, Manolo!!!???

Good luck Manolo!! You sound very in control - I'm proud of you! As Alan says, I expect a chummy Scot will message later with some previous knowledge of this.

I'm really not sure... I'm hoping that one of the others (who have been through this already) will respond... I REALLY do doubt that they will show... Try calling the court again as late as possible tonight (4.45pm-ish) I think I'm right in believing they like to make us sweat!!!

Than ks Bookworm. Just building confidence... I'm very aware that if one of us gets any small thing wrong, it reflects badly on all of us. Thanks very much.