Teebum V Abbey **** WON !!!! ****

[teebum]

Damn, got myself all gee'd up to go to the court and work prevented it, can't go till Tuesday now. Still no funds entered into account.

 

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

31/07/06 sent Data Protection letter to Abbey.

09/08/06 Recived fob off letter

14/08/06 Sent second Data Protection Act letter

15/08/06 Received 12 months of statements

17/08/06 Received another 2 months of statements from 2005

19/08/06 Sent prelim letter

29/08/06 Received sorry you are unhappy letter

04/09/06 LBA sent

11/09/06 Sent non compliance letter

11/09/06 Recieved a second sorry you are unhappy letter

14/09/06 Another letter saying they are investigating

18/09/06 Received letter with good will payment letter dated 11 sept, as of 21st sept money still not credited

[teebum]

Still no Good will gesture moneys paid ito account, could not resist phoning Mr David R. Ellis and telling him that I was discusted with Abbey's delaying tactics and that I would now proceed with court action.

[teebum]

Leaving my house for court with N1 form for Full amount. Wish me luck

 

Tee

[teebum]

Handed form in, shock, fee was £250 not £120. Oooops probably cause another charge now

[teebum]

How long does it now take for anything to happen?

Very nervous again.

[teebum]

Canayone help me to respond to this letter, I phoned Abbey this morning and said that I have never at any time accepted this as full and final settlement, and told them that I was very angry that the man had decided that I had. Told them that my N1 had gone to court and I was claiming the full amount.

 

Dear Mr ******

 

Thank you for your letter dated 4th September 2006 about your bank charges. Since then I have fully investigated your complaint and I note thhis complaint has been investigated by my colleague under our ref: ***/******.

 

Our records show a refund totalling £965.00 was made recently to your account. As I understand, this complaint has now been settled in full and final payment. As such I will close this record as settled.

 

I have enclosed a leaflet about the Financial Ombudsman Service, just in case you are not happy with my investigation or decision. If so, you should contact them within six months of the date of this letter, enclosing a copy of it, as they would need this for their investigation.

 

Yours sincerely

 

 

Dave Smith

Senior Customer Resolutions Manager

 

Enc. Financial Ombudsman Service Booklet

[teebum]

help

[ellemmjay]

Tee

 

Have you received a GOGW payment as they allege ?

 

Have you received a letter re the alleged charges ?

 

Elle

[teebum]

I did recieve a letter say about good will gesture, and it just said that after investigation they considered the charges fair. Nothing in letter about full and final settlement.

[ellemmjay]

In that case I would just carry on regardless for the full amount. If you have been offered but not received a GOGW there is no need to pay it any attention and no need to reduce your claim.

 

I would also be tempted to reply to your most recent letter advising that they are incorrect in their assertions. You have not received any payments from them nor have you agreed that any such payments would be in full and final settlement - then remind them you have filed in such and such a court for the amounts detailed in your previous communications.

 

Is your Abbey account still live ? Is there more than one - could they have paid it somewhere else ? Just be sure before you write back.

 

Failing that just ignore them and wait to communicate with DLA Piper

 

 

Elle

[teebum]

The good will gesture has now gone into my account in the form of lots of refunded charges. I need to write to him and somehow say that i accept the GOGW but not as full and final settlement. I have no idea on how to word this, told the lady on phone today that my N1 is now with the county court.

[ellemmjay]

Tee

 

Ring the court and advise you have recieved a payment and ask them to note it on the file. Then back it up with a letter to the court.

 

Not sure what the general opinion is but unless you have signed anything previously not sure I'd even write to Abbey - I'd wait for them to defend.

 

They'll look silly if they claim full and final settlement was agreed and have no evidence or documentation to back it up.

 

Would suggest it is crossed wires as per usual in Abbey Land

 

 

Elle

[teebum]

I will ring the court, but as yet have no case number. Thanks for help

 

Teebum

[teebum]

Yet another letter from Abbey:

 

Dear Mr ******

Thank you for your letter dated 12 August 2006 about the transaction information you have requested under the Data Protection Act. Please accept my apologies for the delay in replying.

I understand that you have already received details of the transactions and charges that are held on our computer system, which was sent to you free of charge within 40 days. You have therefore been given all the transaction data that you are entitled to under the Data Protection Act. Any details prior to this have been archived onto microfiche.

As microfiche records are not held as part of a relevant filing system, they are not covered by the Data Protection Act and will not therefore be provided to you under a Data Protection Act(Data Protection Act) request.

We did arrange to send you this information from our microfiche records; however, it was not subject to the 40 day statutory time period. To cover our administration costs, there was a £10.00 fee which was payable at the time of your request. This is why your cheque was cashed. I note your objection to the Data Protection Act fee being used for this purpose, but it was clear from your request that you required the earlier data, and we did not want to delay the process unnecessarily.

I am therefore, satisfied that we have complied with your specific request in accordance with the Data Protection Act.

 

Yours sincerely

 

Dave Rayment

Senior Customer Resolution Manager

 

What do I do now?

Is this non compliance?

Can I add non compliance to my court claim?

[teebum]

Thanks Karn, am a nervous wreck about this now.

If it comes to it can I add non compliance to the court claim at the same time I inform them of GOGW?

[teebum]

Received a 'Notice of Issue' from the court today. Is there any actions I need take with this? The bottom part of the form is for a Request for Judgment, am I right in thinking this part is for Abbey's response?

[teebum]

Anyone help if you can.

 

Tee

[teebum]

If it comes to it can I add non compliance to the court claim at the same time I inform them of GOGW?

[teebum]

This is what I thought I would send:

 

Dear Sir,

I would like to add to the claim above that Abbey have made a Gesture of Good will payment to me of £635.00 in the form of refunded charges on 11/09/06. Could you please deduct this amount from the total claimed. I will accept this as a partial settlement but wish to continue for the balance of the claim.

[ellemmjay]

Tee

 

If it were me I would miss out the form of refunded chagres bit - just finish the sentence at £635.

 

I only advised the court of the amount and the date received and Abbey did not deduct the GOGW from my settlement figure meaning in reality I received 100% back on the day the AQ was due.

 

Not crucial just a thought.

 

Kepp smiling

 

 

Elle

[teebum]

Thanks Elle

Any better

 

Dear Sir,

I would like to add to the claim above that Abbey have made a Gesture of Good will payment to me of £635.00 on 11/09/06.

[teebum]

I received my Issue of Notice, on 07 Oct and it gave Abbey till the 13th to respond, well there time is up tomorrow and I have heard nothing. What happens now?

[teebum]

Thanks, will look up the set aside process

[Lula]

you will get a letter with a copy of their defence and a 50% offer then the games really begin

[teebum]

Would it be a good idea to make a list of all the missed acknowledments by Abbey, so that we can Email Abbey solicitors and tell them that we intend to inform the court of them, to prove Abbeys time and money wasting tactics. We could also point out that a firm of solicitors that miss so many acknowlegments is starting to look a little unprofessional. Maybe even the Judge,s will start to go against Abbey for reasons of time wasting.