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    • The NTK needs to be redacted, your VRN is still showing.
    • Hi, yes they swapped over after a brief period when the bank were sending something over.
    • Fair enough. But I don't understand why they send these letters. Do people really get scared and end up paying them?
    • That's a blessed relief. They would have been withdrawn because, as I said, they have no evidence that you were driving. That comes from the responses to the requests for driver's details which you failed to send. The important thing is that the speeding charges were laid. That makes life much easier (and far more likely to see a successful outcome). You need to make your SD and serve it on the court where you were convicted. The next you should hear is by way of a "Single Justice Procedure Notice" laying the four charges against you again. You will have three options (for each charge): Plead Guilty and do not attend court Plead guilty and attend court Plead not guilty You must plead Not Guilty to all charges. In the section headed “reason for not guilty plea” you can state that you will offer to plead guilty to the speeding charging providing, and only providing, the FtP charges are dropped. This is a procedure well known to all court users (prosecutors, magistrates and their legal advisors) and is carried out up and down the land daily. I’ll refer to it as “the deal”. Before the pandemic it was necessary to attend court to undertake this deal and speak to the prosecutor (the agreement of the prosecutor is required as the court cannot accept it without that agreement).  However, during the pandemic courts aimed to reduce the numbers of people required to attend to an absolute minimum and most courts accepted a written request to do the deal. Local police prosecutors made an agreement with their courts that the magistrates’ legal advisors could accept the deal. In some areas this arrangement has carried on. In others they have reverted to the old process where attendance was required. So your offer of the “deal” with either be accepted in writing and dealt with under the Single Justice procedure or you may have to attend court. In either event it is important to emphasise that you will plead guilty to speeding only if the FtP charges are dropped.  There may be slight variations to the process depending on how the individual area works but there is no reason why this should not be successful.    
    • Yes thank you dx, my sentiments exactly.  We don't have access to his credit report to see the CCJ.  We were just told by the Estate Agency who he was trying to act as a guarantor for me.......  I can get a free one for a month I believe.  
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Hil V Abbey ** WON ** WON **


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sorry,i feel im a pest but im not reclaiming mortgage fees ,i just wanted to know why abbey have tried to allocate my dpa claim to fast track and put it will cost them £15000!i only want 4 mths bank statements sending-they sent the rest when i sent my lba for dpa.also i have a court claim going through for reclaiming my charges but have kept that under £5000 cos of small claims.not heard yet from abbey about that but it has been filed.xxx

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Its a tactic employed by Abbey to put you off claiming. They threaten to take it to a higher court where you risk having to pay their legal costs if you lose.

 

If its a simple non compliance with DPA there is no need for the case to go to fast track. You need to argue that the case should stay in the small claims track so that you do not incur any costs.

 

All the best

 

Zoot

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If you have not had your data from Abbey, this is a difficult one. The ICO STILL ( almost a month after it visited Shabbey) has not decided on the "relevance" of Abbey's system.

 

I would be VERY cautious of pushing this too far before we know what the ICO thinks.

 

Problem is, the ICO seems to be dragging it's heals in making this decision.

 

I wouldn't concern myself too much with the £15k costs projection. If they already know this figure, then they must have already produced a comprehensive defence (which is possible anyway, given the number of claims against it) or they're just scaring you. It's probably a bit of both.

 

If you've had the data, then I think it's a different matter as the claim is then essentially for costs and a judge would have to be pretty stubborn to agree to fast/multi track a claim that is for £30.

Abbey - Won DPA Claim - Aug 06 and got bailiffs in to recover my court costs of just £30.00

Abbey - Won Charges Refund of £1050 - Nov 06

Egg - Recovered £220 due to Customer Services misinformation - Feb 2007

Nat West - Prelinimary Letter to recover on Credit Card charges £30.00 sent March 2006. £25.40 offered - rejected and the bank reckons that this is it's last word on the matter. We'll see if that's still the case when it reads my N1 form sent recently. It has until the 17th April to respond or the N1 will be submitted.

 

Please check out my web site www.BankChargesScandal.co.uk for Research, Useful links and my story.

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Hi Hil,

Dont know how useful my input will be but ive asked the court to join my DPA Claim to my financial claim, as grABBEY have provided all my info in the DPA Claim but there is the outstanding issue of costs.

I decided not to pursue them for damages but want my court costs of £30 back.

I have to wait for the Judge to make a decision on this.

I think that these types of letters are meant to intimidate. You need to weigh up the pros and cons of fighting on for £30 and £5 damages. Do you have the fight left in you to do it. Is the money important, is the point of the claim important or have you got the information you wanted and can now proceed with your financial claim..and write off the £30.

Have a good think and if it seems too much no-one is gonna think anything less of you for not continuing with it. Its your choice and your choice only.

DLA keep writing to me to ask what im gonna do about the DPA claim. They seem really anxious to find out.

LIP

ABBEY

DPALetter received by bank on 100406.

£10 Cheque cashed by shABBEY on 200406.

14 statements received between 8-10 0506.

40 day limit reached on 19/5/06.

LBA sent special delivery on 20/5/06

7 days up on the 270506 for the LBA

Prelim approach for repayment for an estimated amt sent. 14 days up on the 200606.

DPAorder for NON-Compliance served 220606. Expires 060706

Final LBA sent, 14 days will be up on the 060706.

Defence from shABBEY received for DPANon compliance 050706

Financial claim deemed served to shABBEY on the 220706

AQ for DPANon Compliance handed in to court on 24706

Defence and 50% offer for Financial claim received 140806

AQ for Financial Claim received 170806

AQ for finacial claim handed in 010906

Hearing 4 amended claim 270906

Fast track Allocation 270906

Disclosure ordered 191006

shabbey failed to disclose 191006

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  • 1 month later...

There is a guide to completing the AQ in the templates library.

 

 

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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nearly there with AQ but dont know what to put in part g -other information -and i dont want to get it wrong,in the template it says what to write if you are claiming over £5000 and im not.pleeeease help!hilx

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  • 2 months later...

hi ,i havent been able to be on here for a few weeks but i have a couple of court dates,the first is next wed which is about the dpa action i took and the court want me to go to see which track the case be allocated-what do you think i should do,the reason i took this action was because they witheld the statements,they did send some on but still not all .what do you think i have to say at the court??also ive got my court date in a month for the actual claiming back of the charges,ive got to take a court bundle in -do you have a link to what to get together.will i be ok??i started the reclaiming process last june so im getting quite excited!ive still more to claim back as i had to split the claim.please help!!!!!

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thanx for getting back to me karne,

 

the first order is:

 

Notice of allocation or listing hearing.

 

District judge shroeder has considered the statements of case and allocation questionaires submitted in this claim and has decided that a hearing is necessary before a final decision about allocation can be made.

 

District judge shroeder orders you to attend at 15.30 on wed 31st jan at county court.(this is about the Data Protection Act as i have not received all my statements).

 

............................................................................

 

the 2nd order is for the reclaiming of the bank charges.:

 

NOtice of allocation to the small claims track(hearing).

 

Deputy judge rich has considered the statements of case and allocation questionaires filed and allocated the claim to the small claims track.

 

the hearing of the claim will take place at 1400 on 21 feb at.....and should take no longer than 45 mins.

 

the court must be informed if the case is settled by agreement before the hearing date.

 

each party shall deliver to every other party and the court office copies of all documents on which he intends to rely at the hearing.

 

these may include:the contract,witness statements,expert s' reports,photographs,invoices for work done or goods supplied,estimates for work to be done.

 

the copies shall be deliverd no later than 14days before the hearing.the defendants documents are to include all terms and conditions and tariffs of charges.

 

the original documents shall be brought to the hearing.

 

signed statements setting out the evidence of all witnesses on whom each party intends to rely shall be prepared and included in the documents mentioned.this includes the evidence of the parties themselves and of any other witness,whether or not he is goin to come to court to give evidence.defendant to clarify case by setting out any calculations relied on to justify tariff by serving copies with their documents.

 

 

 

thanks karne,will you help me to know what to do!xxx

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hi,karne,just received a letter from abbey about going to court for the allocation about the dpa nxt week.it says abbey did send the statements(they did send some but did not send 4 mths of statements).it says in the letter "abbey national has determined without admission of any liability whatsoever to settle the monetary component of your claim in full in the sum of £35.abbey is raising a cheque for the sum of £35 which will be paid into your account.in view of the above,abbey does not intend to be represented at the allocation hearing on jan 31.in light of the above would you please be so kind as to write to the court and withdraw your claim. " well what do you think,i am still 4 mths statements down and its cuttin it a bit fine for wed but i only want the statements and the £35 back in this instance,the main hearing is nxt mth for the reclaim. please helpxx!!

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Yes, I agree with Karn. If they haven't provided a full set of statements then they haven't settled your claim. Write to Abbey telling them that you'll be happy to withdraw the claim when you recieve the full set of statements, but not before. Tell them that if you have not recieved them by the time of the allocation hearing, that you will be attending as ordered. Personally, I think you should accept the £35 as long as you make clear in your letter that you will pursue the claim untill such time as the claim is settled in its entirety.

 

If they haven't complied fully by the time the allocation hearing comes around, you'll have to attend I'm afraid. Tell the judge the situation, he may make an order there and then which obliges them to provide you with the rest of the statements. You may find my thread useful in preparing for the hearing, I had an allocation hearing for non-compliance too. http://www.consumeractiongroup.co.uk/forum/abbey-cahoot-successes/43925-garyhs-oh-abbey-non.html

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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thanks,both of you,i think ill fax abbey tomorrow,then they have chance to send them by them by tuesday.if they havent,i will go to court on wednesday as planned,but where do i find all that info about what to say about why i took it to court etc,you sounded to be really clued up.!please help!!

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ah yes - and if you can get a copy of the letter from the Information Commissioners Office saying Yes it is relevant etc that will help loads. :wink:

Definately. Having that is what swung it for me in the end I think. Here it is - http://www.consumeractiongroup.co.uk/forum/abbey-bank/38333-information-commissioner-finds-against-4.html#post327069

 

Also, take this with you - http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/taking_a_case_to_court.pdf

 

Ideally you want a judgement there and then, but if the claim is to proceed and the issue of allocation is dealt with, then you want the small claims track for the following reasons -

 

POINTS FOR ALLOCATION TO THE SMALL CLAIMS TRACK

 

 

 

 

1. It is a consumer dispute

The small claims track is designed particularly for consumer disputes.

 

 

2. The claim is well below the 5K threshold.

The Claimant filed the claim in accordance with the guidelines issued by the information commissioners office, believing it would be dealt with in the small claims court. We did not anticipate the risk of bearing the costs in the Fast or multi-Track, so to transfer to fast or multi-track would be grossly unfair.

 

 

3. CPR Overriding objectives

Under the overriding objectives of the Civil Procedure Rules, the court has an obligation to ensure both parties are on an even footing. The Defendant is one of the largest financial institutions in the UK. The Claimant is an ordinary consumer. It is submitted that to allocate this claim to any other track than that of small claims would create a huge imbalance between the parties in that the costs risk to the Defendant is completely insignificant, whereas to the Claimant it could potentially mean financial ruin.

Plus you can request the order as I was advised to by Alan - http://www.consumeractiongroup.co.uk/forum/abbey-cahoot-successes/43925-garyhs-oh-abbey-non.html#post433064

 

I should think its unlikely that you'll get that order made and allocation to the SCT, it may be either/or but its certainly worth trying for.

 

Also, try not to worry too much about court. Most people are a little apprehensive about the prospect which is totally understandable, but small claims court is nothing to fear at all. Its designed to be accessible to normal people without the need for solicitors and its very informal. There's no big courtroom as you might imagion, its basically just an office type room with you, the other side and the judge sat around a table. Plus Abbey have already indicated that they won't be attending, so that makes matters even simpler. Just be prepared and polite and you'll be fine.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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thanks so much for all this help.im just going to fax a letter over to abbey saying like you said that if i havent received the statements by the date of hearing,i shall be attending the court.how do i cancel the court if they comply?its really good to know you always help,it would be impossible to know what to do without you.thanks againxx

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You're welcome:)

 

If they do comply, all you need to do to withdraw the claim is write a short letter to the court telling them that the Defendent has settled and as such you'll not be attending the hearing and no further action is necessary.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Dear Hil,

 

I had just read your entire thread and I do feel for you. :Cry:

 

I too am going down this road... with a court claim for non compliance with the Data Protection Act. Since issuing my claim at christmas, Abbey HAVE since sent all my statements. BUT... they are defending my claim because they dont see why they should have to pay my court costs!!! (which for me was £150!!! - so I definately want it back!) Mainly because they argue that they didnt FAIL to comply with my S.A.R - (Subject Access Request) by using the same old arguement AGAIN that their filing system is NOT a relevant filing system.

 

Anyway, the purpose of this post is to offer my words of support and to tell you that I will be thinking of you on Wednesday. I am terribly afraid of attending court and so feel very anxious for you! Even though I am sure it will be fine... but still - easier said than done ay!!

 

What court are you attending???

 

Good luck Hil xxx ;)

 

Fairy x

SENT Data Protection Act request letter + £10 fee

Posted:8 June 06 :p (nxt day special delivery)

1st response FROM Abbey (using microfiche arguement + ignoring Data Protection Act request)

Received:17 June 06 (no statements yet)

SENT Microfiche arguement letter (insisting on my original Data Protection Act request)

Posted:19 June 06 :p (nxt day special delivery)

14 statements received FROM Abbey

Received:22 June 06

Statements covering period:20 March 05-20 May 06

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thanks fairy,i was hoping they would have sent me my statements but havent so im going to have to go to court 2moro.ive got my court date for the reclaimimg charges nxt month so thats the biggy,got to do my court bundle this weekend.i'll be glad when ive got the paperwork done and taken to court.ive got another claim to do after as i split mine,but i'll have all the letters to copy for that.hope you get yours back,lets keep conferring as we seem about the same stage!!hil:eek: xx

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thanks!;) im working till 2.30 so got to whizz over to court for 3.30.i wont let you down!next step court bundle.if you get chance would you have a look at my order which is at the top of this page.do i have to send the documents to abbey or do the court send them to them??also do i give estimates for work done?do i just print off all the relevent case histories and photocopy them.and what is the contract?thanks for everything:)

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:eek: hi,well i went to court today!!about the dpa allocation:D -it was ok.the judge was really nice,abbey didnt turn up but had sent a letter saying as such and that they had sent me all my statements-they hadnt,i was 5 mths short.the judge is sending an order to abbey to tell them to forward the statements in 28 days and he says for me to write to them as well,and he has adjourned the allocation.hopefully abbey will now send the statements.he was interested in the copy that i took of a judgement made at swindon court that is on a link you sent me.so phew thats over with,now i gotta get my court bundle sorted.please would you have a look at the top of page 5 and just help me with what i gotto get together,what is the contract and do i have to estimate work done and the relevant case histories,do i just print those off??please would you help with my bundle,i got to take it in to court on friday and send one to abbey,thanks very muchoxx
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