Hil V Abbey ** WON ** WON **

[hil222002]

hi,i think i have about £6000 of charges to reclaim,i have got so far as to ask for statements to abbey,they came back with microfiche thing so 7 days ago, i sent template 2 giving them 7 days to produce statements or i would take court action,its 7 days now and not replied,helpppp! how do i take court action-is it the moneyclaim?and do in fill in how much im claiming by saying that i havent received statements so i am claiming whatever the amount is?also,i cannot calculate any interest,so shall i just say i am claiming interest on the requested amount.i cant find a template on the site to help fill moneyclaim in-i am going to do it tonite! ,(or shall i send a letter to bank claiming charges back,working it out on the 9 mths and making an average,but doin that they may think im stallin court action,helppp) !please.also martin lewis says to claim under 5000pounds as this will take it through small claims court.if you have time,can you guide me through, please,

[hil222002]

thanks karne,i was going to use moneyclaim(oops),do you know where you get N1,can you download from internet?do i send the separate refund letter to the abbey.is this the letter that should be sent i had all my statements but put in a average-actually-HELPP-which letter is this?i am going to do both these things tomorrow nite and its thanks to you! how have you done,i hate abbey!theyve just reduced my overdraft by £800 causing me loads of bank charges again,even tho ive written and written to ask them not to,they dont care at all.im fired up ready to get my refund:evil: please reply then i can sort it tomorrow,you seem very clued up.hope youve done well.

[hil222002]

another thought-do i have to pay with the n1 and which court do i put and where do i send it,i cant find the template to fill it in.And on the refund lettter to abbey with est imated amount,do i give them certain number of days to comply because it seems a bit funny sending refund letter and N1.or do you think thats ok,do i tell them on n1 that ive sent estimated refund letter.i think im gettin it,just need a bit o guidance!

[Michael Browne]

Download N1 here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

DPA non-compliance POC here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

Take or post it to your local county court

Preliminary Letter here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-letter-preliminary-approach-repayment.html

[hil222002]

hi karne,im going to post my N1-do you know how much the fee is because im not actually claiming any money yet,so i think is £30-do u?hilx

[barracad]

You need to claim a monetary amount for damages, say £5, then you may get away with only paying the £30 court fee.

 

However strictly speaking, the court fee should be £150 - you will definitely have to pay this if you don't specify an amount, and may have to pay it even if you do.

 

See this link: http://www.hmcourts-service.gov.uk/infoabout/fees/county.htm

[lostinparadise]

Hi

 

I paid £30 to the county court after a bit of persistance.

 

I put my damages as £20.

 

Have a look at my thread as i asked a lot of questions about filling out the N1 for DPA Non Compliance.

also have a look at post #60 of http://www.consumeractiongroup.co.uk/forum/abbey-bank/9292-karnevil-abbey-instant-saver-3.html

 

Hope this helps

 

LIP

[hil222002]

hi,you know on the N1 it says value-what do i put there?im doing well filling in the form!and i dont know how much chq to include and how much to say for damages.oh dear!

[barracad]

I would put a fiver as damages but it is up to you. If you do this then your "claim amount" is a fiver.

[lostinparadise]

Have you managed to have a look at the links i suggested?

 

The general gist of the Data Protection Act Non Compliance Claim is that you are demanding that they comply with your request to supply your information.

 

The focus is not on a monetary value but that they comply with your request.

 

The damages i claimed for were for the special delivery costs of the Data Protection Act letter, LBA and Prelim letters and also my time.

 

Brief Details of claim:

Order under Section 7 and Section 15(2) of the Data Protection Act 1998

Damages of (put the amount of damages you wish to claim here).

 

Value:

I left the value section blank.

I put the amount of damages to be claimed in the "particulars of the claim" as well in the "brief details".

 

On the bottom right hand side of the first page of the N1 form:

 

Amount Claimed: (This is the amount of damages you are claiming)

Court Fee: £30

Solicitors cost: LEAVE BLANK

Total amount: (This is the total of the damages and the court fee)

Particulars of the claim:

 

(use the info from the template)

Attachments:

 

I also sent them photocopies of all my proof of trying to contact them for the Data Protection Act information.

 

So i photocopied all my letters i sent them to request my Data Protection Act information, my bank statement showing they took the fee for the Data Protection Act request (which also shows the date it was cashed), all my recorded delivery receipts.

 

Please note that you claim back your Data Protection Act Fees in your financial claim not here.

The Data Protection Act fee should be included in your financial claim as a legitimate legal expense.

 

So once your form is complete make sure you have x3 copies of it, along with x3 photocopies of all attachments to hand into the court.

 

Thats the first ordeal over with.

 

The second ordeal is trying to get the court to accept this type of claim on an N1, part 7 form.

 

You must insist.

 

As the template says: Some County Court staff may not be aware of the procedure for these claims. It is important that you insist that the N1 is accepted - and that your claim is NOT a "pre-action disclosure", or a claim under "part 8".

 

The Information Commissioner has indicated that these claims should be dealt with in the Small Claims track.

My court rang up another court where Seminole's claim was being processed to check how to process this type of claim. They also rang up their head office, eventually they accepted it.

 

GOOD LUCK!!

 

The advice given was based on advice i received whilst putting in my claim.

 

LIP

[lostinparadise]

Whoops its a bit late sorry if that post sounded a bit abrupt!!

 

LIP:grin:

[hil222002]

thanks for that!ive done the form,posting tomorrow,just gotta do some photocopying 1st,youve been really helpful.if you could spare a minute,im also goin to send off a prelim letter based on average as iv only had 9 mths statements.its goiing to be over £5000-should i send 2 letters,splittin the amount or all in one .thanks for help!hilx

[lostinparadise]

Are you not handing this in person??

 

Some county courts are unsure of what to do with these claims, so sometimes its better to go in person to explain why they need to accept the Order on an N1 form. It may delay things if you post it, one visit could resolve that and also familiarise you with your local county court. Just a suggestion.

If you are going to still send it then perhaps send it to a county court that has already dealt with these kind of claims. Off the top of my head (Derby, Clerkenwell, Mayor and City of London county courts) just a thought.

 

Prelim Letter

To stay in the small claims track your estimated claim has to be under 5K.

 

So add up charges so they come to just under 5K. You can always claim for the other charges at a later date.

 

Maybe do it by years e.g. 2000-2003, 2004-2006 see how that works.

This is only a prelim letter. You can change the actual amount when you fill in your actual Financial claim.

 

Once you get your information which should be a few weeks after your DPA Claim is served on shABBEY youll have a better picture of your charges and be able to work out which charges to claim for when filling out the N1 form for your Financial claim.

 

Hope that makes sense.

 

Good Luck

 

PLEASE PLEASE CHECK AND DOUBLE CHECK THE N1 FORM BEFORE YOU HAND IT IN. MISTAKES ARE COSTLY NOT ONLY FINANCIALLY BUT IN TERMS OF YOUR OWN SANITY:eek: AND ANY FEES TO AMEND A CLAIM FORM ONCE HANDED IN CAN NOT BE RECOVERED!!! ITS LATE AND I HOPE YOU HAVENT RUSHED IT.

 

LIP

[hil222002]

hi,just a quickie,i did complete my N1 last nite,but i've decided to go over it tonite and post tomorrow,i HAVE sent off my prelim letter to bank based on estimate.anyway,please-when i fill in the form,do i put the courts name in the space at the top right where it says 'in the' or do i leave it blank.i am going to send it to clerkenwell.is it correct that i have to put 3 copies of N1 in and 3 copies of each of the DPA letters which i sent to abbey.i only had the second letter' signed for'but they replied to 1st letter anyway,so that proves that they received it.shall i include their letter about the microfiche with the N1.well not such a quickie!please reply then i can def send off tomorrow,oh alsc ,do i include the £30 fee cheque.cheers,hilx

[hil222002]

hi,sent off my N1 to clerkrenden court today,it looked very official and i think it is all in order,i hope they accept it.when i got in 2nite,i had a letter from abbey saying that info on microfiche would be sent in 'due course'.well im pleased ive sent the N1.they have got to be the worst bank in the world!i hate the way they keep slappin charges on and the call centre is a nightmare to ring and the responses you get are so unhelpful.fingers crossed about the N1 but ive put my phone number on so if they need to contact they can and i will tell them that one has been accepted there -was it karne's?what do i have to tell them if they ring?i can chill tonite,ive been tryin to get the N1 form perfect for the last couple of nites!another quick question,where do i find out about fast track if i want to claim above the £5000 in one go-anyone got a link?please!hilx

[hil222002]

well,hi,i sent my N1 to court yesterday and also an estimated prelim letter to abbey,and when i got home tonite,the rest of my statements have arrived,yippeydoo!!so...shall i phone court tomorrow tellin them not to serve the N1 and what do i do now as far as the prelim letter is concerned,i think i should send a revised one with an accurate figure do you.how should i word it?helppp,thanks!hilxxx

[hil222002]

hi karne,but i didnt put a claim amount on this cos it was the N1 for the dpa.anyway,theres still 4 mths missing,so im going to carry on with the N1.but im confused now cos prelim letter gone out with estimate givin them 14 days to reply,i got nearly all info now so do i have to give them another 14 days to reply to revised prelim-how shall i word it,feels like its goin on forever cos i started this beginning of june and im actually enjoyin it but want to get it rite-from the statements i got it seems to be about 6000.please guide me thro,dont wanna get it wrong now.thanks,hilx

[hil222002]

ps can i change my title cos im 3 weeks off doin a moneyclaim!

[hil222002]

thanks,you are a brilliant help-im just starting to get a bit impatient!!dont want anything to go wrong-as i went thro the statements theyd sent i couldnt believe what id paid,a hundred here a hundred there and im a single parent with 4 kids,i was workin to pay the bank charges!cant wait to put 'settled 'on my thread!!goodnite!

[hil222002]

great news today,got a letter from the court saying that the N1 has been served on the abbey.that was done by posting it as you said to clerkenwell county court.i sent the three copies of everything and the £30 payment.So that is the thing to do everyone-even tho it isnt your local court,clerkenwell obviously know the system and never even queried it.just got to wait for response now and seeing as i sent preliminary letter with estimated amount to abbey over a week ago,i shall be sending letter before action on thurs if no response.gettin excited now!thanks for all your help by the wayx

[hil222002]

hi all,im back from my hols.the day i went,i sent my LBO to abbey,still 4 mths had to be estimated as all my statements havent been sent.a week before i had sent N1 into court,it had been accepted-this was for the dpa.when i got back from holiday,ive had a standard letter from abbey about LBO just saying sorry ive complained and theyll try and sort it in 4 wks-crap!also a defence from abbey saying that they totally deny everything,they intend to defend all the claim.do i have to do anything or do i wait(this was about the dpa.)ok.so now its 2 weeks since my LBO so i need to be either doing moneyclaim or N1,i need to do that in the next few days.HELPPPPP! the amount is £7000 ish-i think i should go for it all in one,i am 4 mths statements short but i will estimate.my overdraft is £4200 so theyll no doubt draw that in so i got to have enough to sort everything.there are about 4 pages of transactions.please will you help me to do the court form,id like to do it tomorrow nite if poss.im familiar with the N1 as i downloaded it for the dpa.please help i feel im so near but so far.i have a new bank account set up but no o/d on it.please help me.hilxxx

[hil222002]

hi,please can you have a look at my last message as im a bit stuck!!thanks,soon i'll hopefully be in a helping position!xxx

[hil222002]

yes please,i have about 4 pages of charges so i could do to make a start.i would like to try fast track.

[hil222002]

thanks so much for that,it looks quite staightforward except for this 8% thing.i cant seem to download the spreadsheet-any ideas.what does fast track mean.do i need to send 3 copies all documents .and should i send it to clerkenwell again-i already have a dpa case ongoing there or should i just send to my local court.is it the £30 fee again?thanks thanks thanks!!!

[hil222002]

sorry me again!so for fast track do i have to contact bank before,and can i still do it on an N1.thanks!i will check out the gov web site.