philread1 v Abbey ** WON ** fast track with costs

[philread1]

Hello to Everyone,

 

I've just started a claim, this is going to be a real BIGGIE!!!!!

 

Just a quick question. If your claim is more than £5000, what court do you pursue it through and is it wise to try and claim for more than £5000, or can you split the claim in two, and pursue them both through the small claims court?

 

Thanks to everyone involved with this site, it is a REAL inspiration.

 

Phil

[Michael Browne]

The simplest course is to split it. Start from 6 years ago and add up the charges till they reach £5000ish. Only when that claim is settled,do you issue a 2nd claim for the rest.

[philread1]

Thanks, Michael

 

I sent my DPA letter on the 23rd by recorded delivery, and it was received on the 26th June. No reply yet, but I'll keep the forum updated.

 

I sent it to the Data Controller for The Scabbey at 2 Triton Square, Regents Place, London, NW1 3AN. Does that address ring a bell?

 

Phil

[philread1]

Just received my first reply to my DPA request letter sent on the 23rd June, but its not what I expected! It was a letter cancelling my agreed overdraft limit!

 

This has therefore rendered my account useless, and as stupid as I now feel for not having a parachute, I will do this first thing Monday morning.

 

I sent my DPA request to Triton Square in London, so by having received this letter from shABBEY this morn, it must be an indication that they received my DPA request letter, even though they have'nt formally acknowledge having done so and want to mess me up!

 

Still, 28 days and counting for them to get the info back to me! I'll remind them with a week to go!

 

Phil

[Jane Austen]

Abbey do anything but play fair.

Be warned and prepared.

[philread1]

Hello Everyone,

 

Just received the bog standard, computer generated letter from Pam Speed. Was sent on the 23rd June, so its only taken nearly 4 weeks to get an acknowledgement for my S.A.R - (Subject Access Request)!!!!

 

Anyway, as you all probably know, it just basically tells me that:

 

"the shABBEY are unable to supply a list of charges applied to my a/c for the last 6 years blah, blah, blah..."

 

"Under Data Protection Act will only receive the transactions currently on their system blah, blah, blah..."

 

Most importantly, "Any earlier transactions have been archived onto microfiche, which is not covered by DPA, blah, blah, blah..."

 

Well, their time is up on the 5th Aug, and the clocks ticking!!!!

 

I'm just going to acknowledge their letter, out of politeness and a lot quicker than shABBEY, and will just remind them of how long they have to get the information to me, and if not I'll have to go down the route of the microfiche argument as set out by alanfromderby.

 

All the best to everyone out there getting their illegal charges back!

Phil:)

[philread1]

Hello Everyone,

 

Just a quickie, who should I send alanfromderby' letter on the 'microfiche argument'. Should I send it to Pam Speed in Bradford, whose letter I am replying to, or should I send it to the Regulatory Compliance unit in Milton Keynes, as stated on his template letter?

 

Thanks

Phil

[philread1]

Hello Everyone,

 

Just a quickie, who should I send alanfromderby' letter on the "microfiche argument". Should I send it to Pam Speed in Bradford, whose letter I am replying to, or should I send it to the Regulatory Compliance unit in Milton Keynes, as stated on his template letter?

 

Thanks

Phil

[sutee50]

Hello Everyone,

 

Just a quickie, who should I send alanfromderby' letter on the "microfiche argument". Should I send it to Pam Speed in Bradford, whose letter I am replying to, or should I send it to the Regulatory Compliance unit in Milton Keynes, as stated on his template letter?

 

Thanks

Phil

 

Hi Phil

 

I'm sending mine tomorrow to both Pam Speed in Bradford and Jackie Scott In Data Protection, Milton Keynes. Don't know whether that's right but I thought a "double wammy" would make sure it landed in the right place.

 

If that's not right, perhaps someone could correct me as well as inform Phil.

 

Thanks

Sue

[philread1]

Thanks, Karnevil & sutee50

 

The letter from Pam Speed really is poor, shABBEY' printer must be sick of printing out that letter at the moment!!!!

 

First thing tomorrow, I'll definately get one out to Pam Speed, and just for good measure I'll send one to the Regulatory Compliance!

 

Thanks, again, and I'll keep this thread updated.

 

Phil

[philread1]

Hello Everyone,

 

Received my last 14 statements today, no surprise there. Going to write to them on Monday reminding them of their obligations under the DPA (7 days), and to remind them how long they have to get the remaining information to me!

 

BORING, BORING, shABBEY.......!

 

Phil

[philread1]

Hello Everyone

 

I'm now preparing an estimate from the last 6 years, I would just like to know what date the 6 years starts from in relation to the claim I am making?

 

My SAR was received by shABBEY on the 27th June requesting statements as far back as 31st July 2000, the 40 days are up on the 6th August. Only thing is now, 31st July 2000 is over 6 years now?

 

Any help would be great!

Phil

[Michael Browne]

It's 6 years from when you first contact the bank about it. There is reference to it in the DPA request, so 6 years from 27th June 2006.

[philread1]

Hello Everyone

 

Received second letter from Pam Speed on Saturday, and my first one from Marc Winder on Friday last week. Pretty standard, computer generated stuff that has been copied on here a few times, so I'm not going to repeat it.

 

Sending my Prelim letter today, requesting £10,715 dating back to July '00. I've got statements as far back as Dec '03, so the rest is estimated. For the period I know it comes to £5381!!!

 

I'm really struggling financially at the moment, and this has made me go for the whole lot first time rather than splitting it up and having to go through all this again. I don't really think the shABBEY have got a leg to stand on any way after spending countless days & nights reading through all the information. Its no wonder people struggle so much, as when these charges start, it is so hard to get away from them, and before you know it, your charges start to snowball. This is when the pressure & stress start to kick in, and the banks don't give a stuff!!!!!

 

Just think of all the fat cats at the top of the shABBEY tree, all coining it in through excessive charging to the everyday people' bank accounts!!!!! That thought in itself is enough to make people claim what has been unlawfully taken from them, back!

 

Any thoughts from anyone about claiming the whole lot in one go would be much appreciated. I've had some advice from seminole, that was nice, but as I said before, my present situation has kicked me into going for it.

 

Anyway, thats my rant for today over!!!!!! Don't let the B******* grind you down!

 

Phil:)

[Guest lobster]

hi there im in fast track aswell with abbey for 9,000 with interest. have until next tuesday to acknowledge hope they dont wanna hit that button. havent statred my thread yet on abbey but will do

go for it

[philread1]

Hello karnevil

 

Can you get rid of some of your PM's so I can send you one, it tells me your quota is full?

 

Also, can I change my username, its not that anonymous!!!!!

 

Thanks

Phil

[philread1]

Thanks, lobster

 

Good Luck, and keep us informed!

 

Phil

[Tigs33]

Wow that is a big claim!!! good luck

[bish]

Yes that is a big claim and many Shabby customers are truly thankful to you and me, £7000 claim, for their free banking. Good luck to all of us and the 8% interest will be spent on a well deserved holiday. The donation to this site will be one of the most satisfying things I have ever done.

 

Regards bish.

[philread1]

Hello Everyone

 

Well, I've been checking my account more regularly of late, expecting to be hit with shABBEY' new tactic of refunding a few charges back to my account!!

 

I last checked it this morning, with still no changes or activity to my account.

 

Just imagine my surprise when I just checked my account, on the shABBEY' 14th day to give me a refund of ALL my charges back, I find £1730 worth of miscelleneous charges having mysteriously been put back into my account!!!!!

 

Of course, I'm going to continue tomorrow with my LBA, whilst at the same time I'll accept their refund as part payment for the refund of my charges, but will still be claiming for the full amount, over £10,500 (before the 8%!!)

 

I'll be there at my post office at 8:55am tomorrow morning with my LBA, first in the queue waiting for it to open, "Recorded Delivery, to the shABBEY, PLEASE"!!!

 

Keep Watching All!

Phil:)

[Tigs33]

What an excellent start!!!! well done!!! There will be a lot of people on here just waiting for you to get your £10,500 back with interest!!!

[lesser1010]

hi phil,

just to let you know that abbey are filing their defence today for my claim,i await the copy of the defence with interest(that's not the interest that's accrueing daily)

les

[lesser1010]

hi phil,

abbey or rather their incompetent solicitors dla have well and truly peed me off.i tried being reasonable with them and they didn't want to know but if i dropped the amount claimed to a more reasonable amount they may find it acceptable.HA! i am most definitely passing it over to my solicitor and lets see how reasonable they think his charges are.tuff they had their chance to settle and chose to ignore it.what abbey dont know is that i only use that account with them for invoices to universities and such like who although given 30 days to pay an invoice they invariably take 6 or 7 weeks to pay.i have another account for the rapid payers.HA!

[philread1]

Hello lesser

 

Thanks for keeping me updated with your claim! The shABBEY' solicitors obviously have a "step-by-step" guide on how to try and defend all these claims!!!!!! They are as predictable as the people they are working on behalf of!!

 

Phil:)

[philread1]

Hello Everyone

 

Received a letter in response to my LBA on Fri 1st Sept, the usual computer generated type, only this time the computer signed it from a 'Michael Corbett'!!!!

 

They go on to tell me they have refunded £1760 for the period Sep '05 - Aug '06(My figures tell me it should be more than £3800 for the same period!!!), and have cancelled a further £140 due to be taken out this month!!! I've stopped using the account now, and is now in unauthorised overdraft.

 

Thanks for your 'Gesture of Goodwill', but I want ALL of my money back!!!

Onwards & Upwards, Moneyclaim here I come next Monday!!!!!!!

Phil:)