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It is now coming up to 40 days since i sent off my DPA request, the bank have fobbed me off in their usual manner and it seems i will not get details of charges through.

 

I know i can claim back an undisclosed amount but does anyone know if i can take legal action for the banks refusal to comply with my original DPA request ??

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yes you can!! there are a couple of people on here doing just that, have a read around ;)

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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40 days have now been and gone since my DPA request and nothing has come through other than 13 months of statements and microfiche arguement rubbish. Am i wise to go to court under section 7 of the DPA or go ahead and claim back an undisclosed amount. Or both ???? Any help on this would be much appreciated, its good to see so many of us fighting back.

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  • 2 weeks later...

The 40 days are now up for the abbey, i have not received anything other than the usual 14 months statements. Will now be sending LBA for all charges to be returned to account. I have estimated my charges over the last 6 years to be circa 15K if not more and thats without interest. Not having a huge amount of available funds availabe is it best to claim no more than 5k to begin with, if that is refunded will i have to go through the courts again to claim the remainder ?

 

As you will appreciate this is a huge amount of money and any advice much appreciated.

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Keep your claim under £5000 to ensure it will be taken up by small claims court only. You can always put another 1 or 2 claims in once you have won the first. Don't do them concurrently as Abbey will probably merge them into one claim and then it will be moved to fast track and then there is the possibility you may have to pay costs.

 

Good luck

;) 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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  • 2 weeks later...

40 Days have been and gone and i have only received the usual 14 months statements. I have sent them a letter asking for all charges to be refunded in 14 days before i take legal action. On reflection would it have been better to go for an estimated amount ?

 

This is likely to go fast track as claim estimated to be around 15k. Would it be advisable to send another warning letter before action for an estimated amount or just issue the claim ??

 

Please help !!

 

 

Below is the last paragraph of first LBA letter i sent

 

 

Your charges appear to be nothing more than a profit-making scheme. Therefore, I require you to refund my entire bank charges for the past 6 years. Along with evidence that you have refunded all the charges. I hereby give you 14 days notice to refund the charges back on to my account. I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

 

Kind regards

 

 

Mod Note: All four of your threads merged. It's easier to follow like this.

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My last 12 months statements received add up to 2,500 then *6. Charges over the last 6 years have all been consistant if not more.

 

My letter before action letter just asked them to return all charges(no estimated amount) within 14 days or i'll take legal action.

 

Do you think i send them another LBA with estimated amount, could easily be between 15-20k !!

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My inclination would be to run two claims- one for DPA disclosure (you will need to send a prelim and then an LBA for this as set out in the templates section before beginning the claim) and a separate claim for the last 12 months charges. You can amend this claim later to include either the actual charges when Abbey get round to sending you the details or for an estimated amount to take the claim to the small claims limit. I would not estimate a claim that took you over £5k. There are potential problems with estimated claims, particularly if you take them off the small claims track.

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Thanks Seminole, need to save some money before starting the claim. Congratulations on your settlement, gives great hope to the rest of us ! These charges have been such a burden.

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Ok can i please have the nod that taking correct course of action ?

 

1) Making a claim for last 12 months of charges only which add up to nearly 3k

 

2) LBA for DPA non compliance

 

Last 6 years could easily add up to between 15 - 20k, at what point can i claim the rest taking into account fast track etc and still no statements. Seminole does not think fast track for an estimated amount is correct route.

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Thanks for that, i went through my 12 months statements last night in detail (always scared to in the past) and noticed Abbey on several occasions have charged me twice for the same thing (eg charging me twice for the same returned cheque and twice for the same unpaid direct debit). This looks to be fairly consistent and adds up to over £200 in doubled up charges.

 

I'm not sure what to do about this, any ideas ????

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