Sarah V Abbey *** WON ***

[Glenn UK]

Sarah

 

Without going back all through your thread, sorry I'm a lazy git at heart, did you specify you were estimating a claim and say you would amend it when data was available?

 

Its a bit late to amend the amount, although in truth you should at least offer especially if the value is less than you put on your claim form.

 

If its more then you can ask the defence if they object to the amendment and I'm sure they wont, no honestly there is no benefit in them refusing since this will add to their costs so its in their interest that the claim value is correct.

 

Or you can hold on to the new info and submit a second claim when this ones finished.

 

JMHO

 

Glenn

[sarah13]

my final amount is nearly double the value i put on the claim form.

The brief details of my claim read 'Order under section 7 and 15 (2) of the DPa 1998 (missing data july 2001 - Aug 04) also claim for charges applied to the account between 24th May 2004 - 24th Aug 2006.

 

i now have the missing data mentioned above. as this is mentioned on my claim should be ok to enclude it... do you think? i dont want to have to start a second claim if this can be avoided.

[bish]

Hi Sarah13,

 

I think you need to amend your claim to take into account the new amount. As you refer to this in your original claim it should not be a problem. I am not sure of the form you need, so hopefuly someone that does know will reply. Failing that ring the court and explain and I am sure they will put you right. I also think there is a charge of £35 for this. Best wishes.

 

Regards bish.

[Glenn UK]

Since its mentioned in your orignal POC i would write to the defendant telling them you now have the dat and ask if you can amend the claim by consent.

 

No 35 to pay then i believe

 

HTH

 

Glenn

[sarah13]

thanks for all the advice glen and bish.

 

glen, i shall write to them as you advise above, however as my hearing date is 15th Dec and i have to send the court bundle by 2nd dec, what schedule of charges should i include? ammended or unammended? shall i send the ammended one with a copy of the letter i send to abbey? its all rather last notice but i have only recently received the missing ststaemnts. thanks again

[sarah13]

i am finally in negiotation with abbey, about time as my court hearing is 15th dec. My orginal claim was for non complience of Data Protection Act for missing data and known charges. I have just been provided with these missing statements and want to incorporate the extra charges into my claim. so i have contacted them- hence the dialogue we are now in. the woman at abbey has asked me to provide the schedules as she is without the files! good start i thought.

 

my problem is with my schedules- they were the first claim i prepared a schedule for and i think i've done it wrong. i have gone for contractual interest and also added the 8% for the final figure. i am certain its wrong now. i think i can only use one interest rate not both- can you clarify for me. the paperwork is starting to get me down. i have too many claims on the go! any help very greatly received.

Thanks Sarah

[Glenn UK]

Sarah

 

Don't worry you'll be fine, by asking the question you have shown you have learnt a lot and are on top of things

 

you can claim

 

your charges

interest paid on those charges

and as you rightly suggest contractual or sec 69 interest on the whole lot.

 

HTH

 

Glenn

 

PS good luck

[sarah13]

thanks glen for your good luck wishes- i feel i am goi ng to need it!!! EMailed Christine with my schedules awaiting her call tomorrow. i'll keep u posted

[Glenn UK]

Fortune favours the brave not the lucky.

 

Be brave

 

Glenn

[sarah13]

i'm going to be very brave! Thanks for all your support.

Sarah:)

[sarah13]

ok just rang the court and they are going to send me N244- they said if abbey give permission to ammend the value and poc then it will cost £35 or if they refuse £65. My deadline to get bundle in is actually tues 5th dec so i have a little bit more time than i thought. will drive the bundle up to court on tuesday if necessary. back to waiting......

[sarah13]

still not heard from christine even tho promised a call back thurs/ fri so have called again and left message

[bish]

Hi Sarah13,

 

I have been dealing with Christine as well and she told me that she was going on holiday from Monday. I am assuming that it is the same Christine from headquarters in London.

Do not assume your claim is incorrect. I was given the same treatment by Christine and found that although the claim had changed due to GOGW, and charges that went back further than 6 years due to the delays applied by abbey. I have revised my schedule of charges and sent it to abbey today. The schedule of charges will change anyway as 8% will be added daily from the point you issue your claim, until it is settled. Hope this helps, just go back over the spreadsheet and look at any points she raised, they may not be what they seem. Remember they have already took this money unlawfuly, are they trying the same trick.

 

Regards bish.

[sarah13]

thanks bish, much appreciated. Also thanks karnevil am numbering pages as i type.

[sarah13]

YES

court bundle is completed at last. Totals 100 pages. Bored of writing pages numbers etc. Heading to court as soon as i pick up my eldest from school. Here i come!!!

 

also received and will be taking N244

[sarah13]

after school and all the photocopying, arrived at court at 4.10. The office had closed at 4 and the security guard said they couldnt take my bundle. I was livid and rooted to the spot until the man on switchboard called small claims and someone came and took my bundle. He only took one of the copies even tho i have 3- should i send one to the defendant? will be costly in postage? any ideas?

[sarah13]

sent it today 1st class recorded.

[sarah13]

SETTLED!

Spoke with christine a few times today and eventually we agreed on an acceptable settlement figure. She has sent me an email confirming the details, which i am to sign and send back. i said that i will not cancel the claim with the court until i have received the money and that i cannot accept a cheque (cos the account is frozen) so she is going to make arrangements for the money to be available for me to withdraw at branch. She will confirm this tomorrow.

 

I am so pleased, altho i wont be cracking the champers until the moneys in my hand. It has been a very very long road but it just goes to prove that if you are prepared to go the whole way you will get a result in the end. Will update as soon as i can. Thanks for everyones help, couldn't have done it without you. x

[sowerby17]

wow sarah that was a long hard graft is it usual do you know for it to take so long.Also do we all have to buy the court bundle i have not got that far yet.

[sarah13]

you dont buy the court bundle- you make it! check this out http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

[sowerby17]

oh I thought i had read that you bought it. Will have a look at that.Thanks

[Glenn UK]

Sarah

 

Well done and congratualtions.

 

Glenn

 

 

PS sorry i wasnt the first!

[Notty]

Hi Sarah

 

Congratulations on your win.

 

Do you have a contact email for Christine.

[sarah13]

Hi Sarah

 

Congratulations on your win.

 

Do you have a contact email for Christine.

 

i have [email protected] - hope it helps

[sarah13]

opened negiotations again as arrangements will not be made for me to collect in branch- only a cheque which i cant take so they want me to ask a friend or something to get it paid into their account and they will write the cheque to them. I find it unbelievable and i told christine too, that a BANK cant send money to a branch for collection - isnt money what they do???

 

Therefore i have changed what i will settle for and have incorporated the inconvienance of having to get someone else to cash the cheque- what a nightmare!

 

If i dont get a favourable reply tomorrow then i shall sort childcare out to attend court on monday. Half of me really wants to go court and i've done all the preparation. Watch this space, will update as soon as i have news.