Mitchell v Abbey *** WON ***

[LoveBird4u]

I sent me first letter to Abbey on Monday 31st July requesting a list of all transactions together with a p/o for £10, today Saturday 5th August I received the standard letter Abbey send out saying they are forwarding my request to the Microfisch dept along with my £10, I am now going to send off the microfisch argument letter, so fingers crossed for me.

Would like to say a big thank you to the people who set up this forum.

Birdy

[LoveBird4u]

thank you karnevil, have sent my recorded delivery letter off today so they should get it Monday.

 

Birdy xxxxx

[LoveBird4u]

What a load of dribble they talk, the microfiche is held in filing cabnets in account number order, very easy to locate, lol I should know I worked there for 10 years, tell them to contact General Investments who are the dept that deals with the fiche, they are based at Abbey House, in Milton Keynes, what she descibes is how its done but it doesnt take as long as she is making out it takes, you would retrive all the fiche required year by year, take the pile to the machine, get the account up, press a button to print, which is not a long process at all, they do have a team of people that work in micofiche just doing that job.

 

Birdy

[LoveBird4u]

We sent copies of transactions out to other depts, branches (when a customer has been into the branch and requested the information), we also did interest calculations for customers when they wrote in complaining that their interest was wrong, Our dept never dealt with DPA, and there was never a charge for copies of fiche at this time, I know that they have a team of people that work in the fiche department.

[Odd Fellow]

Abbey make it sound like a dark basement somewhere that's full of cobwebs and staffed by people with furrows so deep on their foreheads that you could spend a weekend trecking.

 

You say that it's stored in Account Number Order. Does this mean that when another month/year is archived that it goes in the same cabinet/drawer in chronological order with the preceeding fiche?

 

What would your estimate be (in time) to get six years of transactional data from these for one account. I get the impression that for someone who's job it is to do this that it would be maybe 10 minutes or so?

 

When did you leave? Perhaps that Abbey has changed it's procedures? Maybe they've moved all the film to a disused nuclear bunker in darkest Essex?

 

Oh look, there's Porkie hovering outside my third floor window.

[LoveBird4u]

Its in a filling cabnet for each year, and put on fiche in a/c number order, yes for someone doing the job day in day out it would only take about 10 mins, they would gather the one piece of fiche for each year, then go to a fiche reader pop the fiche in find the account number then print it off, the process for one fiche is a matter of seconds to produce.

 

I left 8 years ago, but knowing the way Abbey work they wouldnt of changed that much in this time, I worked there for 10 years and things didnt change in all that time.

 

Birdy

[LoveBird4u]

I received 12 months of statements this morning 10th August, lol over the last 12 months I have paid £1065 in charges wowwwwwww, didnt think it was that much, wonder what it will be for the last 6 years.

Birdy

[LoveBird4u]

lol will we didnt expect any different from abbey, did we lmao well I didnt cause I know how they work, if you keep on to them they give in in end.

Birdy

[LoveBird4u]

I am doing my prelem letter today, I have been sent the years worth of statements, and one month of microfiche, I will estimate the 6 years till the feel like sending me the fiche, I havent even had a response to my recorded delivery letter yet, oh well lets see what they make of my next step.

 

 

Birdy

[LoveBird4u]

Just wondering if this is standard practice for Abbey, I sent my prelem letter off, which they should of got yesterday, however, today I received a letter thanking me for my complaint, and as they want to investigate thoroughly it can take time, they say they will write to me in 4 weeks to let me know where they are up to.

What happened to my 40 days DOP, also in the prelem it gives them 14 days to comply, what do I do now, do I ignore this complaint letter because I think this has crossed with my prelem letter.

Birdy

[LoveBird4u]

Ok might need help now, the 14 days are up on Thursday 7th Sept for the prelem letter, I havent heard a thing from abbey, is my next step the LBA letter??? very scared now lol.

Birdy

[LoveBird4u]

LBA letter going out today fingers crossed, still havent received anything re my DOP letter the 40 days are up on 10th Sept.

Birdy

[LoveBird4u]

All I have received from Abbey are more complaint replies now today got the request for microfiche letter with a form to complete and asking for £10 per account, I am ignoring this as I am ready for putting my court claim in on Thursday, ohhhhhhhhhh isnt it exciting lmao.

Birdy

[LoveBird4u]

Have already sent that one a few weeks ago which they have ignored. grrrrrrrrr

[LoveBird4u]

Abbey have sent me their Defence, and an offer of half my claim £4692.27, which I am not going to accept(gulp) just hope Im doing the right thing here:o

do you know roughly how long it takes from this point.

Birdy

[Guest willowb]

Would they have offered you that amount of money if they thought they would win in Court?

 

Wxx

 

Head high, stiff back, chin up and march on!

[Almoner]

Hang on in there, Lovebird," We haven`t come this far!! "I promise to do the same rejection should Abbey do this in defence...(they have until Nov.10th , following Letter of Acknowledgement....Getting exciting now , isn`t it??

[LoveBird4u]

Nerve racking phewwwwwwww lol

[LoveBird4u]

phewww now got my court date 22nd Jan, and guess what dropped through my letter box, a bundle of microfisch, the 5 years I requested, do I need to rework it all now and let the court know the new amount for the 5 years I have estemated?

 

the judge has also put it on small claims track.

 

panic panic panic panic panic

 

Birdy

[LoveBird4u]

Thank you karnevil, will redo it today.

Birdy

[LoveBird4u]

ok here is where I am up to, my case comes up in court on 22nd Jan, I sent my bundle off to Abbey and handed it into the court, I should of had the bundle from Abbey by Monday 8th Jan, so far nothing, I phoned the court today and they havent received Abbey's bundle either, the court said it will be up to the judge now on the day to make his decision, is this right?

how can I prepare when I havent received Abbeys bundle?

 

Birdy

[Guest willowb]

From what I've learned lately, the deadlines for Claimant's are stricter than for the Defendant. Which shouldn't be so when the Claimant is a litigant (right word for lay person?).

 

Anyway, in my opinion it won't get that far and if it does I would expect the Judge to take the fact that you haven't seen a bundle into consideration. In fact if he/she hasn't received one from abbey by then I would expect him/her to be FURIOUS!

 

watching with interest.

 

Wxxx

[LoveBird4u]

We will see, im very nervous :grin:

LoveBird

[LoveBird4u]

Thank you Karnevil, letter done ready to take into the court tomorrow

I have omitted the bit about sending a letter to Abbeys solicitors as I dont wish to prompt them of the fact they havent sent me a bundle, is this ok??

Birdy

[markmajor]

Hello lovebird could you please tell me what stage you sent the court bundle.