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Abbey Default - Judgment by Default, set aside request received


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almost finished my skeleton argument, but have some questions:

if an overdraft (or overdrawn amount) does not require them to send a DN, why do Abbey claim they have sent one? This forms a huge part of my argument, so any advice appreciated

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however, should i even refer to a DN in court?

I have numerous other ways to pursue removal...charges, no agreement (aside from application), no overdraft details received inc. terms, no default letter, termination...it's hard to know how to refine my arguments

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For me, the Default Notice issues are secondary and should be used in the alternative to the other ones you've mentioned.

 

lovely! thanks. I will post up my skelly soon then.

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Assessment by the ICO, received today:

 

"From the information you have provided it appears likely that Abbey has failed to comply with the sixth principle in this case. This is because Abbey did not respond to your SAR within the 40 day statutory limit.

 

In light of this it is my assessment that it is unlikely that Abbey has complied with the DPA in this case. This assessment is based solely on the information you provided.

 

In terms of the information you feel has not been provided to you, Abbey have stated in their letter dated 27 July 2009 that they have sent you all the personal data they hold in relation to your account. However, I will ask them to confirm that this is the case and will write to let you know."

 

:)

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Notice of Transfer of Proceedings

This claim has been transferred to the Guildford County Court for that court to deal with the defendant's application for setting aside judgment.

The court will send you and the other parties notice of the time, date and place of hearing.

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Assessment by the ICO, received today:

 

"From the information you have provided it appears likely that Abbey has failed to comply with the sixth principle in this case. This is because Abbey did not respond to your SAR within the 40 day statutory limit.

 

In light of this it is my assessment that it is unlikely that Abbey has complied with the DPA in this case. This assessment is based solely on the information you provided.

 

In terms of the information you feel has not been provided to you, Abbey have stated in their letter dated 27 July 2009 that they have sent you all the personal data they hold in relation to your account. However, I will ask them to confirm that this is the case and will write to let you know."

 

:)

 

Yes, but what will they do about it, though?

 

They'll write to them and ask them to comply in future, that's what!

 

:evil:

 

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Yes, but what will they do about it, though?

 

They'll write to them and ask them to comply in future, that's what!

 

:evil:

 

I know, but it's a bit more ammo for me in court. Plus, this goes to show I've done EVERYTHING to avoid court

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The ICO is as much use as an ashtray on a motorbike ;)

 

:) I'm actually going to ask them how many times they've written to Abbey with the same recommendation about future conduct, and if they believe they've learnt their lesson

Edited by jon_boy75
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