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Popcrash1974 Vs Abbey


popcrash1974
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Rang abbey and said i wanted back statements for past 6 years for both my still open account and also my other now closed account with them.

 

The gentleman said he could do the open account but to sort out back statements for the closed account id have to go into a branch, even though i had the account details. He said there would be a one off charge of £10 for mutliple statements.

 

A few days passed and i received maybe 9 individual letters for open account ( i decided not to look into closed account yet, one account at a time i think)

 

The statements were like what people described here, like a normal statement without charges details at the bottom. The thing about these statements was that they were for various months in 2005. Would have thought they send 2006 first.

 

A few days passed and i receved another letter with a kind of print out statement and attached info on cheques and bills id paid. This was for the beginning of 2005. Next thing i get is a letter saying thanks for recent request for copies, infos no longer on system and is archived. therefore an admin charge fee is needed of £5 for one statement and £10 for multiple statements. A form was attached to ask for specific statements from and too and payment method.

 

So i was told on phone the money would be taken straight out of my account on my first call and wasnt.They sent me initial statements for free!!! and then ask what i want and a payment. Very odd.

 

Ive now filled in form asking for the months i need and mailed it today.

 

In the meantime i guess i should start totting up what they owe me from the statements i have. I think i read theres some online form that i can fill in my monthly fees to help me add it all up?? And how long do i wait for all the statements, is there a cut off time for them to do this?

 

Also wanted to open an account with natwest but they say they need to see 3 up to date statements from my present account with no bounced or late payment charges on it, end of this month should give me three clear statements and so will open my "parachute" account with them. wonder if they will match my abbey overdraft incase abbey close my account and i cant pay back my £1,850 overdraft!

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Thought id add some feelings too, so maybe newbies like me can identify with the inititial dread of trying to understand the legal jargon ect.Then see how the confidence builds as i get a better understanding of the system.

 

I dont know where to start with adding up the fees, whats game and whats not and do you add interest or not.

I worry that it will be too complicated later on and they will perplex me with legal and bank jargon.

I worry that i will end up in a small claims court on my own and not know what im talking about enough to defend my rights.

I think "do i need to buy that book advertised here that helps you out or maybe pay a proffesional or will it all become clear and by following online help ill get there by myself"

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Hi Popcrash,

It can seem quite daunting at first when setting out to claim your charges back and also quite daunting whilst in the midst of your claim, but the more involved you get the more determined you become.

The advice i would give is to follow the step by step instructions provided in the FAQ section of the forum. Its a tried and tested method with successful results!!!

FAQ’s

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

Its a good idea to read the FAQs as you will find many of the questions you have asked will have been answered there.

All the suggested templates you should need to send are here:

Bank Template Library

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

Also i would suggest reading as many threads as you can, just to understand what you need to do and what will lie ahead of you. This will give you the confidence to keep going.

You are not alone and many of the problems you face have been faced by many other users on the forum.

Phoning shABBEy can be quite frustrating as i found early on so follow the process and do all your dealings in writing (letters sent Special Delivery) this way if it gets to court you have proof of your efforts and shABBEY cant use their ever so famous stalling tactics. This way you drive the timelines.

.....finally if in doubt there are many people here who will respond to your questions but having a browse through the different user threads, FAQs and following the tried and tested step by step guide should help make things clearer.

Good Luck

LIP:)

  • Haha 1

ABBEY

DPALetter received by bank on 100406.

£10 Cheque cashed by shABBEY on 200406.

14 statements received between 8-10 0506.

40 day limit reached on 19/5/06.

LBA sent special delivery on 20/5/06

7 days up on the 270506 for the LBA

Prelim approach for repayment for an estimated amt sent. 14 days up on the 200606.

DPAorder for NON-Compliance served 220606. Expires 060706

Final LBA sent, 14 days will be up on the 060706.

Defence from shABBEY received for DPANon compliance 050706

Financial claim deemed served to shABBEY on the 220706

AQ for DPANon Compliance handed in to court on 24706

Defence and 50% offer for Financial claim received 140806

AQ for Financial Claim received 170806

AQ for finacial claim handed in 010906

Hearing 4 amended claim 270906

Fast track Allocation 270906

Disclosure ordered 191006

shabbey failed to disclose 191006

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  • 1 month later...

I now have my 3 clear abbey statements needed for Natwest to allow me open an account, so went this week to fill in the details and to get them to switch all my details from abbey to them, so far so good, they just need authority from their head office to give me the overdraft that will match my shabby one so i can wave goodbye to them for good.

 

In the meantime i got statements for all of 2005 and that letter that says they need a tenner that i mentioned in first post.Havent heard anything back since then so i plan to print that letter ive seen on here reminding them they only have 10 days left of the 40. Ive added up what they owe me so far and have added them to the caculations template. £600 plus so far!!!

 

Feeling much more confident about all this now and slowly gaining the knowledge to do this! I know that when Natwest finally get my account up and running itll only spur me on more to take out abbey and for them to get what they deserve for all those years of dire service. :-)

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Don't worry about the legal jargon - that's what we're here for! ;-)

 

Do you think that the amount they owe you on the open account is more than your overdraft is?

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

------------

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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Update! Natwest have accepted my overdraft to match my abbey one on the grounds that i will be closing my abbey account and transferring all my banking to them immediately.So now if they threaten to close my account my answer will be whaty account??!!! :-)

Ive sent a letter to abbey today informing them time is running out to get my statements, to the customer care address that i saw on the main abbey thread.Hope this is a good move?

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  • 2 weeks later...

Received a letter today from Abbey saying:

 

"thankyou for contacting us and i am sorry that you have been so unhappy that you have felt you must complain.

one of my team will be responsible for investigating your complaint and i have enclosed our complaints leaflet, which explains our procedure for doing this.blah blah blah....

 

if we have not contacted you before then, we will write to you in four weeks to let you know what is happening.

 

marc winder

head of complaints"

 

So do i ignore this and go ahead and send the follow up letter saying time has allready run out? Please advise?

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i think this is the letter i should be sending now, even though they say they are investigating my complaint.

 

Dear Sir/Madam

 

Account:

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

 

 

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

 

 

 

Do i leave points 2 and 3 in as i dont understand what they are referring to or if they apply to my case?

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Only just come upon this thread as I have been away and you wouldn't believe evrything that can happen in a week! I think as more people are discovering the site it's becoming increasingly difficult for the mods to get round everybody as often as they used to.

 

Don't get down about this. We are all here to help and you seem to be doing just fine.

Karnevil is never too far away and she gives lots of sound advice.

;) 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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  • 4 weeks later...

Theyve just sent me another letter saying as they said before they are looking into my complaint and its taking a while as they want to be thorough, in the meantime no more bank statements have come through. So i think i should send an estimated amount and see what they say, right?

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Should i send it to the same address as the previous address, which is the complaints section?

And do i say that i have guestimated based on an average months charges due to the fact that they still havent sent me my information for all the months?

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Hello Pop

 

I sent both my Prelim & LBA letters to their complaints address at Milton Keynes as it seemed that is where all their correspondence was coming from. Adjust the paragraph in the letter that tells them how much you are claiming, to let them know what the true charges are, and what part is the estimate. Below is that paragraph in my letters which is also based on an estimate:

 

"What we require

From statements we have in our possession from xxxxxx – xxxxxx, we calculate that you have taken £xxxx in unlawful charges. Between xxxxxx and xxxxxx, we estimate that you have taken £xxxx in unlawful charges. In total £xxxx. We enclose a schedule of the charges which we are claiming with this letter.

Additionally to the amount above, if any defaults have been applied against our credit record in respect of these unlawful charges levied by you or was the result of impecuniosity caused directly by the taking of these unlawful penalty charges from our account, we shall also be seeking to get these default entries removed from the register. Please note that mere correction or amendment to the entry will not be acceptable."

Keep your spirits up and keep going for it!!!!

Phil:)

This is only my personal, honest opinion!

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Thanks for that, yes i guessed i should send it to thesame place as where their letters have been coming from. I have written the letter and put in something similar to what you suggested. I think its amusing that they think stalling will put anyone off!! :-)

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  • 2 weeks later...

Abbey are now officialy doing my head in, no reply to my prelim letter with guestamated amount they owe me, no sign of any more bank statements, no reply to this supposed investigation into why my statements havent come after so many months. This seems to be dragging on and i feel this slipping away from me as works taking up so much of my time recently. I wont let this slide though!

 

So whats my next step as i havent heard of anyone going ahead with the next letter after prelim who hasnt had all their statements turn up. Do i send next stage letter with the same guessed total and send the spreadsheet. How do i add guessed charges to the spreadsheet and how do i manage to work out how much apr they owe me, its all getting a bit out of my league now!

 

It seems abbey are working on the assumption if people havent got the evidence to back their claim theyll back off.

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Abbey have put a spanner in the works now, was just about to send the lba letter with a guess to how much they owe me when i get a snotty letter finally getting back to me about their investigation into my missing statements.

 

The short version is they say i have received as many as they can for free and that if i wanted more id have to fill in form and pay ten pound as rest are on microfiche. Ive allready had this form and said take the money from may account so they havent done this and now are making it sound like they have no knowledge of it.

 

Do i go ahead with the lba or now do i have to send back this form and complain that ive allready filled one in and wait untill these statements show up?

 

Im so stuck and its like theyve took me back to the start of the complaining process again!

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how does this sound as ive sent both dpa letters before and doesnt really respond to their letters of my complaint......

 

 

Dear Sir/Madam,

 

I have enclosed your letter of response to my complaint. It is correct that I have received all the statements that you can from your computer records, thank you.

 

It is however incorrect that I have not asked for or offered to pay for further statements from your microfiche system. I have been sent the "request of transaction form" before back in June after I received the first batch of statements. I filled this in and gave permission for the ten pounds to be taken from my account.

 

I fulfilled my side of the task but Abbey have unfortunately not, hence my initial complaint. I have enclosed a copy of this letter asking for payment for your reference, as you can see its dated 21st June. The form was filled in and returned straight away.

 

I am well aware of this microfiche debate and they are covered by the data protection act, the fact that I have requested them and given permission to take payment for them and I have not received them leads me to believe that abbey are deliberately using stalling tactics.

 

I will however fill out this form again which I have enclosed but will also continue with reclaiming back my unfair and illegal charges and will be sending a letter asking for an estimated amount before court action, while I wait for the statements from the microfiche system as I will no longer be so generous with the amount of time that I have already wasted waiting.

 

 

 

 

Yours Faithfully,

 

 

is that ok to send?????

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