Suz V Abbeysharks

[kia]

I already told suz that karny but i know youll tuff it out suz me old mate and they might not close it!!

[kia]

come on suz getta a grip talk to me otherwise the kia suz thread is drying up and youve gotta stay with it tell me how your getting on with scabby have you written letter yet first one that is estimate it there taking too long you must know roundabout how much each month you were charged alot of this is pure guesswork but better that than waitingn for non existant statements to arrive when theyve no intention of sending them.Talk to me mate

[leighsuz]

Hya sorry not around much at mo... Have had the week from hell, relationship split up and everything else going wrong just to add to the turmoil. And to top it up new statement for this months shows they intend on taking a further £175 in charges off me again in cpl of wks! I will get a grip Kia, I will just have to learn to be thicker skinned lol.. Just have to pick myself up, brush myself down and get on with it all again.. will sort out the letter with estimates tonight.. I promise!

Suzie xx

[melaniebree]

can i have a copy of the microfiche argument letter please. i've been searching the site and cant seem to find it.

 

thank you.

[RPenaluna]

hya kirstypops

I think by the 'normal route' they ment to simply ask without the dpr.. just another stalling tactic I think... tough.. didn't work... 39 days and still counting! good to see there's more like me... good luck with your claim too! go get em!!

suz

 

Maybe I'm jumping ahead of myself as not read all your thread yet but wouldn't the normal route cost a hell of a lot more too? Still trying to get us to part with our money - even when they now you're about to claim it all back!

 

Best read the rest now!

 

Rach x

[kia]

good on yer girl fighting spirit thatll show em just go with estimated amount and send off your first letter old chum xxxKia

[kia]

suz have brought your thread back up so give us your updates me old mate

[kia]

dont know now whether should send another letter or not messed up spreadsheet so have redone it but dont know what to do know

[leighsuz]

Ok I'm back... Right, to date Abbey have received my data protection requst for statements, giving them 40 days to comply and those 40 days run out today! I'v received 15 months statements and a letter about the microfiche nonsense.. I replied to thier microfiche apology with a copy of the microfiche arguement letter found here.... Two wks later I received the infamous "sorry you are not happy letter"... Nothing since! not a sausage! no statements, no mail, no nothing... I now send off the noncomplience thingy yes? Please help someone as Ive got a lot of problems hitting the fan here at home and my consentration is a bit blonde at the moment to say the least.....

Kia I have to be honest, not even had time to attempt the spread sheet yet.. How are you getting on with it? is your brother still helping you?

 

Suzie x

[melaniebree]

the information commissioner letter for non compliance is ok but they are notoriously slow and even once they had contacted natwest on my behalf, i still didnt receive all of my statements. the only thing that's worked is issuing an Application for Pre-Action Diclosure (N244) at court. the plus side is they will also be responsible for your costs.

 

i have a template if you're interested. it's a £65 issue fee though.

 

obviously this is just me sharing what i have done in order to make my bank comply. if you want to consider this course of action then i would advise you to research it fully.

 

good luck

[kia]

sounds a little complicated espicially if your struggling with spreadsheet you need someone computer savvy like me bruv but well try and help you me printer decieded now its gone on holiday as well great stuff!!!so cant print anything yet also not checked out whether i can get away with no court fees as on benefits nowing my luck itll probably be a no i forgot all about it dohh!!

[leighsuz]

Hya Melanie... Yes please, can I have a copy of that template for the N244..

Much obliged

Suzie x

[melaniebree]

I can't put the three documents on the thread. do you have an e-mail address or fax that i can send them to please. i also have a template of teh letter i sent to teh court if you want this too.

 

just to let you know that im not legally qualified but the person who drafted my documents is. can't guarantee it will work but it is working for me.

[melaniebree]

here's a part of the template to the statement that goes with the N244:

 

1 Claimant: [your name]2 Statement on Behalf of Claimant

3 Statement Number One

4 Exhibits – [iNITIALS & No]

5 Dated [date]

IN THE LEICESTER COUNTY COURT

Claim No:

BETWEEN:-

[name]

Claimant

and

[bank]

Defendant

 

WITNESS STATEMENT OF [name]

I [name], of [address] will say:

1 My date of birth is [ ],

2 I make this statement in support of my Application for Pre-Action Disclosure of statements and documents relating to my account held with the Defendants between [date] and [date/to present date].

3 On [date] I wrote to the Defendant requesting a complete list of transactions and charges relating to my back account held with the Defendant from [date] and / or a complete set of bank statements for the period since [date]. I attach a copy of my letter to the Defendants dated [date] at exhibit “[initials & no”.

4 My request for the documents detailed in my letter of [date] was made in accordance with the Data Protection Act 1998 and included the statutory maximum fee of £10.

5 The reason for the request under the Data Protection Act 1998 was that I believe that the Defendants have levied disproportionate penalties against me during the period of the account and I wish to reclaim these disproportionate penalties.

6 Under a request under the Data Protection Act 1998 the Defendants had 40 days in which to comply with my request.

7 I enclose a copy of my current bank statement at exhibit “[jnitials &no]” which shows that the £10 statutory fee which was paid to the Defendants was banked on [date].

8 The period for disclosure of the documents that I have requested from the Defendants has expired and the documents requested have not been disclosed to me.

9 I confirm that this Application is made pursuant to CPR 31.16.

10 I can confirm that despite my chasing correspondence to the Defendants at exhibit “[initials & no]” and the requests made for disclosure of the documents that no response has been received from the Defendant.

11 The documents requested are required prior to the issue of proceedings for recovery of disproportionate charges so that I am able to fully quantify my claim.

12 I further submit that this Application is entirely proportionate in all the circumstances.

13 I also seek an order that the Defendant pay my costs in relation to this Application which have been raised due to the Defendant’s unreasonable refusal to provide these documents further to my request under the Data Protection Act 1998 and bearing in mind they have already banked the statutory fee required.

14 I seek an order of the form of the draft attached.

The order that goes with it is:

 

IN THE [TOWN] COUNTY COURT

Claim No:

BETWEEN:-

[NAME]

Claimant

and

[bANK]

Defendant

 

DRAFT ORDER

 

Before District Judge ……………… sitting at [ ] County Court on day of 2006

It is hereby ordered that:

1 The Defendant do disclose to the Claimant all bank statements for account number [ac no] sort code [s/code] since [date] until the present date within 7 days of the date of this order.

2 Disclosure of any indication or notes which have either caused or resulted in the manual intervention, or other evidence of manual intervention in relation to the Claimant's banking business with the Defendant within 7 days of this order.

The Defendant do pay the Claimant's costs of and incidental to this Application.

Dated this day of 2006

To: The Defendant and District Judge

[leighsuz]

Thanks for that Melanie... Will download that tomorrow xx

[melaniebree]

you still need the wording for the application notice. i can't copy the form and post it on the website but could fax or e-mail a scanned copy to you. if you get hold of the form, i'll tell you what i put in each section.

 

im afraid it may not make much sense if i just paste the sections online

[kia]

god ive been abandoned for someone ultimatley more intelligient than me HELP!!xxxKIa

[melaniebree]

i'm not more intelligent at all! i just work with people who know how the legal system works and they've helped me during my claim. this is something that you must research yourself a bit first before doing what i have done as i am not legally qualified. you're more than welcome to see the wording of the letters and documents i used.

 

i will never forget the 45 minute telephone conversations i had with natwest begging them not to put the charges on that month as i could not afford it and getting nowhere. i am really pleased that people on this site are getting theirs back!

 

good luck and let me know if you ever need a hand x

[lorna501]

So whats happening now?

[kia]

id like to know as well karny!!lolxxKia

[kia]

i think shes been somewhat busy with a house move and new job but im sure shell update once shes used to long hours xxKIa

[leighsuz]

Hya everyone... So sorry for vanishing on you all for so long.. House move went totally pear shaped, and then I started new job with long hours, had a few days in hospital and still have to finish the redecorating here... I have to buy a new ink cartridge for the printer so I can print off the 'jog on' letters to Abbey LOL... will update you asap..

Kia.. Promise I'm feeling much better now, have just needed to slow down a wee bit lol.

Karny this girls back at last... watch this space! ps.. congrats on the promotion since Ive been away, from site helper to mod! thumbs up ;-)