Started the ball rolling!

[michellej]

Hi All,... New to the site & have read a fair few posts and decided to claim my charges back,...I do have statements dating back to 2000 but only a few for each year,..(Off what I have the charges are £1700)....I posted the SAR to my local branch on Monday 7th August,...(only problem the Misses posted the letter with the £10 fee ...But never registered the letter)....(Would it be wise to resend again by recorded delivery?...)(Also could I speed them up to get over the stalling tactics?....like making a reasonable estimated claim!(Going off the statements I have,...(After the 14 days of waiting for the statements of charges).....Any thoughts welcome,......Best Wishes All.

[Thailand]

You could leave it a few days, then call and ask if it has been recieved. Not sure if its the best option but a possibility

[michellej]

Yeah think thats what I will do,....Will give it till Monday and give them a call & if for some strange reason they have not recieved this with payment !Then I shall send again recorded delivery,..

[michellej]

Monday 14th recieved 12 months of statements!!,....In 12 seperate envelopes,..No letter in any of them replying to S.A.R request,...Then today recieved the micro excuse,....Will be back incontact with them,...But think they are responding quick,..after reading other posts,..Is it best to just send a reminder that 40 days are still running to comply with request????And one more thing ,..Once I recieve these & have the charges worked out can I file my claim when ever I choose,..Or is they a time scale??????Thanks

[Thailand]

Yes, the forty days of your request are still running. Regarding the Microfiche, from what I have read, I think alanfromderby created an excellent template to send now. When and if you receive printouts of your account you'll then need to submit a LPA, see templates and FAQS. Do you bank with shABBEY then?

[michellej]

Hi Folks,...Well sent my S.A.R letter on the 4th august,..recieved a reply from pam speed,..(usual reply "microfiche excuse supplied some statements but never displayed charges,..good job I have 3 years worth of statements with these charges showing)(how sly are abbey)...Well my 40 days is nearly up,...Instead of waiting on abbey ,As I think I have waited enough,..plus I know their will delay things,..Should I File a estimated claim going off the charges I know about & have proof of,.. As after reading other posts,..abbey seem to be laughing at the non compliance letters,...my charges in the 3 years I know about are £1740,..So was thinking of doubling this figure ,adding a nice holiday and see if abbey contest this,..or at least it will get them to send out the info I need,..Any advice or thoughts on this is more than welcome,..thanks in advance.

[orfoster]

No in court you will need the exact figures. I know it sucks but they will take you to town if you don't get them correct. I would call them everyday and write to them till they supply you with what you need. Im sure if you look in the contact details here there will be a direct number you can call. Hope this helps, just shout if you need any other help.

[michellej]

Hi thanks for the reply,...But surely if abbey do not respond,..then a estimated claim must be better than no claim,..As figures could be ammended if or when abbey decide to send what I requested,..And if my estimation is a little bit on my side then surely their will want to show the true charges their unlawfully taken out my account,..40 days is approaching,..And abbey are stating that the information is on microfiche and not be subject to the 40 day ruling,..So the best advice is to wait on abbey?....I thought there is a time table to stick to,...I was thinking LBA,..Am I right in thinking this?..quite confused now,..please help thanks Michelle.

[Glenn UK]

No in court you will need the exact figures. I know it sucks but they will take you to town if you don't get them correct. I would call them everyday and write to them till they supply you with what you need. Im sure if you look in the contact details here there will be a direct number you can call. Hope this helps, just shout if you need any other help.

 

I do no believe this is correct.

 

If you have the full data then use it, if you have partial data then you can use that to prepare an estimate.

 

What the courts would get really mad at is if you just plucked a figure out of the air.

 

It is entirely reasonable to make an estimate using the information you have to determine what type and how often those charges were applied.

 

If you do make a claim on this basis it is then prudent to offer to amend it should the dat become vailalbe from the abbey.

 

If you disagree with this approach thats fine but the reality is if abbey end up supplying you with the data then you can never sue. If you have evidence they have unlawfully taken money from you and use this to estimate the rest, they will have to produce the data for the court to prove you are wrong.

 

 

JMHO

 

GLenn

[michellej]

Hi Glenn ,And thanks for the advice,..Think I will send a estimated claim tomorrow,..I am on the 34th day (today) ,..Or do you think best to see if they supply the full request of charges,..But thinking about waiting will give the abbey a extra 20 days to play they delaying tactics,..(another 6 days till 40th day deadline,..7 day non compliance,..further 7 days LBA,..Is this correct?...

 

I do have nearly 3 years worth of statements which show these charges applied to my account,..Will this speed things up,..Will wait on replies and work out these charges in a spread sheet,..thanks again all best wishes Mx

[michellej]

any thoughts folks,..thanks

[Glenn UK]

Personally i waited more or less till the 40 days were up then sent in prelims with estimates where i didnt have all the statements.

 

Then at the same time send in your SEc 7 letter under the dpa .

 

HTH

 

Glenn

[michellej]

Hi There again Glenn,..Think I will take the same route,..Was going to send the letter stating that the 40 days still applies,.As I got the microfiche blag,..well not long to go now,...best wishes M.

[michellej]

Hi Guy's,.....well the 40 days are up tomorrow recieved 12 months of statements from shabbey with a letter with the microfiches argument,...I have 3 years worth of statements with charges on them,...was thinking of sending a estimated claim tomorrow for the charges I have proof of plus the same again for the 3 missing years,.(which shabbey have not supplied info on,...)What is the best way to do this?...non-compliance or straight in with estimation,..Well got this evening to decide the best route,...I have read,and re-read the FAQ's,..and still a little confused,..all advice is welcome with open arms look forward to all your replies thanks in advance M.

[Boobaby]

What sort of amount are you looking at claiming for the three years?

As the 40 days are up to get the ball rolling I would start your claim for those three years including a schedule of charges etc. and possibly adding at the end that as you are not in receipt of all the information the amount you are claiming is for three years only at this point but will change as and when you receive the additional information. So;

1. Start your claim with the intial letter requesting money back attaching the charges schedule to it. Including a passage which says the claim amount is likely to change. Letter - Preliminary approach for repayment which you will find in the Bank Templates Library along with the schedule of charges spreadsheet.

2. Send the Data Protection Act - Non-Compliance - Template Letter which again you will find in the Bank Templates Library this is for the missing charges.

That is what I would do but obviously the choice is yours you may want to give the bank a ring and find out where the missing charges information is before you do anything but I wouldn't rely on them coming up with the information any time soon!

Hope that helps

Boo

[michellej]

Hi Boo,...Thanks for the reply the charges total £1750,..I know I said I Have 3 years worth of statements ,but these are a few months out of each year dating back to 2000,...Will this confuse things in the future should I need to submit a second claim,....Can I not just double this figure for the missing 3 years worth of charges?,..I only ask this as I know the shabbey will be stalling things ,Maybe that might make them sit up especially if I be a little generious on my side,..As my thoughts are why should we listen and wait till abbey are ready,..TO PAY THE MONEY/CHARGES THEIR HAVE edited taken from us,... should we not be entitled to OUR MONEY/UN-LAWFULL CHARGES straight away?....M

[michellej]

Hi again folks,...sat waiting on replies with help,..I am ready to attack shabbey but need some more thoughts on this,..here is the preliminary I will be sending

 

 

I have removed the preliminary letter from your post as it is posted in full in the templates library here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-letter-preliminary-approach-repayment.html

__________________

 

plus I will be sending a non-compliance letter as 40 days are up,..do I add interest with schedule of charges,... ,...must figure out best course of action tonight ready for in the morning,...HELPPPPPPPPPPPPPPPPPPPPPPPPPP.Mx

[michellej]

Hi Karne,...Think you have cleared a few things up ,.. But still do not understand this bit.

 

The best way is to work out your average monthly amount, and then where a months statement is missing enter" Estimated for 1st - 31st July 2006 in the description on your spreadsheet. The you can use this for your preliminary letter"

 

Karne I have had a reply back from abbey confirming S.A.R & NO manual intervention,..so ready to go I think,...will be completing spreedsheet after hearing back from yourself,..

 

sorry about seeming to be thick,..just want to do it right,..Thanks again Karne best wishes Mx

[michellej]

Karne,...brilliant can get this done now,...you have removed the confussion,..Will go over the statements I have now to get a average for estimation,..thanks again you are a star,..Mx.

[kia]

karny you do work miraclesxxKia

[michellej]

Hi folk,..quick question/concern,...my claim is just under £5000(£4970),..will be sending schedule with prim letter,...If /when I file for county court,..would the court costs I add on to the claim take me over the £5000 mark and therefore be pushed into fast track??????I know the interest will not matter if it takes the total over £5k,..Is this the same with court charges,..Ready to go but just checking final details as removing any risk of showing the bank that I do not know what I am doing,..what are your thoughts on this,...best wishes all M

 

One more thing,...I have placed a part estimated claim,..Do I SHOW HOW i Worked out the estimated figure on the schedule?..And would this be explained on spreed sheet or in part the prim letter?...thanks

[Michael Browne]

It will still be small claims, but court fees are based on the total including 8% interest. If this is over £5000, then court fees jump to £250.

[traceyrmj]

ROFL at "SHABBEY!" LOL

[michellej]

With the interest included the claim will be over £5k,..So the court fees will be £250 ,(Which are recoverable??/)...Well sure it will be £250 well spent,Thanks for straightening that out ready to go now ,Thanks everybody who has helped & good luck all Mx.

 

last question nearly forgot,...do I add the calculated interest on these charges????

[Michael Browne]

Yes the £250 is reclaimable. At AQ stage there is a fee of £100 (also reclaimable)