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fergal71

fergal v abbey nearly over

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i emailed egg, abbey, barclaycard, capital one for copy statements

 

so far only barclaycard have refused stating microfiche argument, I have sent them another standard letter saying they have 7 days to return statements before court action under dpa.

 

I think email seems to be the most straigtforward way of reciving your statements if you have online accounts.

 

will keep you posted moneyclaims to follow


Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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Guest Lueeze

Emailing is no good, he reason we say this is because by law they dont have to comply with your request until you send them the £10 to cover it.

 

We always advise people to write with a cheque recordrd delivery.

 

Louise

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emailing didn't work for me either, in the end a recorded post letter with the £10 fee got them into gear (well one years worth of statements anyway)


Data Protection Act letter sent 10/04/2006,

priliminary letter sent 23/05/06,

LBA sent 7/06/06

claim issued 23/06/06

deemed to be served 25/06/06

Abbey Acknowledged with intent to defend, they have got until: 23/07/06

50% offered + interest, rejected: 21/07/06

AQ recieved 27/07/06,

AQ posted back 09/08/06

Court date 13/12/06

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I've done both. Interestingly enough I recieved a reply within 3 days from Sheena Small confirming they had recieved my web request and can I send them £10 for multiple statements £5 for a single.Have not replied to this but sent a DPA instead

 

As of yet (5th May) not even an acknowledgement for the DPA request.I sent it recorded delivey and have electronic proof of receipt etc..from Royal Mail.

 

Looks like they are delaying as much as they can the DPA's as I think they realise these are the one's where further action will take place.

 

Can't wait to fill in all those numbers on the spreadsheet!!:D


4th MayParachute opened

4th May DPA recorded delivery 12th June expiry

24th May DPA chase letter recorded delivery

30th May from Abbey 12 mths statements

3rd June Microfiche letter from Abbey

5th June DPA LBA warning

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I sent to 3 credit card companies a copy of standard dpa letter stating they could debit £10 from my card to cover costs and egg and capital one obliged,


Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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Cahoot & Egg I dealt with exclusively through email/secure web-messaging without a problem (as such... See my threads in related forums) Whilst with FD I used web-messaging with copies sent via post because there is no record of messages on the site.

In all the messages, I gave them authorisation to deduct the £10 from my account with them, which IMHO should be enough to constitute payment although this isn't guaranteed and may delay you if they decide to argue it...

I am certain that this has accelerated the process (to my benefit) and none of them have actually taken any money (although Egg said that they would !)

If in any doubt I would suggest emailing and sending hard-copies in the post as a back-up and telling them that this is what you are doing.


If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

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Today I filed a County Court action against Abbey for non-compliance of my DPA request.

 

I first requested copy statements via computer banking on 21st March. A few days later I sent a DPA request, which they converted to an ordinary statement request - stating that the information was held on Microfiche and fell outside the scope of the DPA.

 

Despite sending them all the relevant legal references, they have still denied that they have to provide the information that I require.

 

Please be aware that Abbey are using every tactic they can to delay sending this information. An email request may work with some banks, but it won't work with Abbey. The only way that you stand any chance of getting your statements is a DPA request - and then be prepared to have to take enforcement action.

 

If you have not sent a DPA request, along with the £10 fee, you will not get your information for the forseeable future - and you will have no redress with the Information Commissioner, or the court.


Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Today I filed a County Court action against Abbey for non-compliance of my DPA request.

 

I first requested copy statements via computer banking on 21st March. A few days later I sent a DPA request, which they converted to an ordinary statement request - stating that the information was held on Microfiche and fell outside the scope of the DPA.

 

Despite sending them all the relevant legal references, they have still denied that they have to provide the information that I require.

 

Please be aware that Abbey are using every tactic they can to delay sending this information. An email request may work with some banks, but it won't work with Abbey. The only way that you stand any chance of getting your statements is a DPA request - and then be prepared to have to take enforcement action.

 

If you have not sent a DPA request, along with the £10 fee, you will not get your information for the forseeable future - and you will have no redress with the Information Commissioner, or the court.

 

Fair call...

 

However it doesn't hurt to run with both... (email & snail-mail)


If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

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has anybody else who has filed a claim found they could not log on to internet banking....

 

This service is currently unavailable, we apologise for any inconvenience this may cause. Please try again later.


Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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Me too!

 

I don't know what good it will do them. Perhaps they think it will make us phone them. I think mine went off before I filed the claim. I put it down to being overdrawn purely because of bank charges, obviously.


;) nn

FAQs: click here: http://READ THESE

 

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:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

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:lol:

Abbey x 2: 50% offer refused AQ filed

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Working fine for me!!


Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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This has gone on for about 10 days now. Like I say, I think it's because I'm overdrawn not because I've filed against them.


;) nn

FAQs: click here: http://READ THESE

 

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:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

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:lol:

Abbey x 2: 50% offer refused AQ filed

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yes the same thing happened to me so i called them. it turns out that the card number that i used for internet banking had expired. so they sent me a new reg and passcode for my new card. !!


if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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That must be it then. I got a letter saying they were cancelling my card. No explanation as to why. It doesn't matter though as the parachute is floating safely through the clouds and I'm waving goodbye to Shabbey. Might not be a wave - my fingers keep forming something else!


;) nn

FAQs: click here: http://READ THESE

 

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:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

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:lol:

Abbey x 2: 50% offer refused AQ filed

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i have just received my 50% offer along with abbeys defence.... sent reject letter yesterday giving them 7 days to reply before i send my allocation questionnaire to court... I have stated that if i do not recive offer of 100% in 7 days , I will reject further offers and expect to go to court to ask abbey to provide evidence that charges are lawful and proportionate with the costs they incur....

 

what do you think, I really feel like rejecting 100% offer after the 7 days to try and get court date and see what happens as we approach court date.... I think if we can get them into court it would end all this wrangling....... any advice would be great


Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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I seem to be at the same stage as you. I e-mailed DLA with my rejection of their 50% offer and the following daY the AQ arrived. I have got until 15th July to get it to court and was going to wait until 14th just to see if they made a move or not, but if what you say Karnevil is true that they are using the AQs as a test maybe I shouldn't wait. The only problem is I don't get paid until the 12th and £100 to find just before payday is a bit iffy!!!!!

 

Has anyone had the 100% offer just before going into court? Making you go all the way b4 giving in?

 

I must say I find this stage very scary!!!!!!!

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Hi can the £100 paid to send in allocation questionnaire be claimed back?????

mine is on its way as we speak to the court!!!


Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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Hi has anybody else been this close as I have not heard anything from dla piper spudnick and my court hearing is due on the 25th august. what should I take to court and am I able to claim time from work from them and add expenses on to my claim if they do not pay up before 25th..???? any advice would be great...


Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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Guest Zooman

Do not worry, plenty of time yet. Have you put into court everything you will be relying on if it goes to hearing.

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hi such as what I have sent allocation questionnaire, what do I need to take or send


Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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Fergal...........

Looks like you've had a result with the shabby by the looks of your signature.

 

Settled in Full!!!!!!

 

Can you illuminate us?

 

Regards

 

MF5


Halifax Bank plc £1573 settled 19/6/ 06 :D

 

Abbey National PLC

Settled in full £1,754 15/9/06 :grin:

 

Halifax Credit Card £441.63 settled in full 27/10/06 :-)

 

 

Mortgage Express ERP

Pre letter 10/7/06

LBA 27/7/06

MCOL issued 6/9/06

Court Date Feb 06

Lost in court costs awarded £7,500PAYPAL bogieblizzard-buys@yahoo.co.uk

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This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group


Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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