M'n'M Vs Abbey

[M'n'M]

ok. before we start the ball rolling as there is a possibilty that shabbey can close our joint shabbey account, is there any way that my cahhoot loan and current account could become affected as cahoot is part of shabbey

[Michael Browne]

Extremely unlikely. Your loan is covered by a totally separate agreement and won't be affected by a claim even if you made a claim against your Cahoot current a/c.

[Lula]

But the general concensus (sp?) of opinion is that you should open a parachute account, and start putting payments and DD's through there, just in case, better safe than sorry, although if your loan is coming out of your abbey account then transfer the money in there every month to cover it

[M'n'M]

We Registered yesterday, we have been reading on this site for weeks now .

We have sat and done letters to shabbey one for the joint acc ( changed all the I's to we's etc) we also did a separate letter for the Mrs sole acc the reason for this is that the both would come to well over £5000 and we don't want any spanners going in the works.

 

We used our address details as on the shabbey statements and noticed they are still using old post code (remember when postcodes changed) we thought that if we wrote something different to what they have on file then this could delay things so we kept it the same

 

We will post today and sit back and wait( fingers crossed). They have been Sent 40 day countdown begins

[M'n'M]

Would you believe it ? just tracked letters and they have received one but not the other posted at the same time, I ask you ????????

 

40 consecutive days it is then, for the one any way, which one though. oh no.

Its OK. got to get out of bed early to catch me out.

[M'n'M]

We arrived home from a short break to find 36 abbey envelopes 2 P Speed letters 1 for each account and 34 statements 17 for each account (as yet unopened).

 

The P. Speed letters are the standard micro letters, we are about to do the counter letters, the question we have is about the referance to the £10 fee being used for the microfich data should we request that this fee be used for its original intent.

 

She also gives reference to when they recieved the one letter which is 2 days later than the RM trakker system online says they recieved it. (should we put them right?).

 

 

Can anyone please Help

[M'n'M]

Ok thanks we will get the letters done for next post

 

Cheers

[M'n'M]

Ok done the letters (microfiche counter letters) they are going today recorded.

We have worked out charges back as far as may 2005.

£1200 odd wifes account

£1100 odd joint account

Do we have to put in estimated prelim letters in now or can we wait as we don't want to be seen to be jumping the gun.

 

any help welcome

[Lula]

Hi, yes you can put in an estimated prelim letter but make sure that you add that you reserved the right to amend the claim subject to you receiving the statements

[M'n'M]

Both letters recieved by P Speed on 30/08/06.

We will wait and see what response we get and if they don't comply we will contact info commissioner and send prelim letter based on an estimate. We will also send them a reminder when they have a week left if need be,(just so that we are seen to be doing all we can).

 

If anybody has any comments please don't hesitate to put us on the right track.

 

thanks.

[M'n'M]

A fellow worker on this site mentioned something about legislation coming in to stop us all doing this does anyone know anything.

I can't see how it can be stoped if they have chargeing us all unlawfully

[M'n'M]

ok we need guidence after sending back Microfiche (counter letter)templates for both accounts :

My wife has recieved the sorry your not happy letter dated 05/08/06 .

 

On the joint account we have recieved a transaction printout from 28/05/05-- 28/04/05 with no face letter just a compliment slip with our details on it.

 

I feel like leaving it till 7days to go writing them Thanking them for what they have sent but unfortunatley they haven't fulfilled their legal obligation under the data protection act and that they leave us no alternative other than informing the information comissioner of thier non-compliance if they do not fully comply within the next 7 days.

 

Can someone give us Guidence pleeeease.

[M'n'M]

Michrofiche argument.

 

Apart from microfiche liklely to be a relevant filing system isn't it also a record of manual intervention I.E. Sombody sat down and transfered data (relivant to you as a data subject) from one system to another which isn't recorded by the orginal computerised system.

 

Can somebody give us guidence as we are losing the plot a bit.

[M'n'M]

should we send a last warning letter on monday recorded for each account telling them how long the have left and that they have yet to cmply fully with our subject access request.

[M'n'M]

Thanks for the replies.

[M'n'M]

ok we definatley need giudance we are sending in prelims in for what we have stamments for.

 

How do we take shabbey to task for data protection non compliance they have been sent the letters giving them 40 days plus the one giving tem a final seven.

 

do we contact the information commisioner and/or take them to court and how do we do it exactly.

 

We need help to continue.

[M'n'M]

we have recieved letters today from the bank making an offer for half of our court claim ( bare in mind that they have paid a good will gesture which we have taken off the claim but the intrest remains because as we have stipulated to them "interest for that amount remains as it would be difficult to show relevance to a specific charge or time").

Is this ok or do you think they can challenge this , also they say that they defend the claim on the basis we have to expect to pay something for going overdrawn but with the goodwill gestures its been substancially reduced and that if they pay the full ammount of the claim then they would incure costs for the time that we were ovedrawn etc.

Is this the typical response or have we made errors.

[M'n'M]

Can someone please give us some advice?

[newbody]

it is your choice to accept or not the GOGW if you decide to accept it as settlement then that is your choice thoughfrom what i have read on here in numerous posts this is nothing more than bully tatics from the banks sying here is something you better to accept it or get nothing if you go to court

 

I personally would send a letter along the lines of thank you for your offer of XXXX dated YYYY i am quite happy to accept it as part payment of the monies you owe me and will pursue for the additional amount from court you have until XX date to state you are unhappy with my acceptence of your gesture of goodwill and request it back otherwise i will assume you have accepted that this is only apart payment of the outstanding debt and I will continue to pursue the rest .

 

then continue your action as normal

 

there are some letters in template libtrary for accepting/refusing part payments etc

 

 

Also read a few of the other threads on here also one on recieved GOGW in the abbey stickies will show it is common tatic of abbeys

[Guest louis wu]

Heres the link newbody refered to.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

If you have commence proceedings, which it looks like you have, then its letter 5 or 6 depending on where the offer came from. You may need to tweak it slightly for your own situation, but that should be said about nearly all the templated letters.

 

As to the rest of the letter they sent, it looks pretty standard to me, they might want to contest all of your claim, but considering they have not defended one single claim in court, I suspect they wont challenge yours.

 

Best of luck

 

Louis

[M'n'M]

Ok thanks both very much we will draft letters for post tomorrow.

We have not received a cheque or a credit to either of the accounts being claimed for. We will reject the offers being made and request the new amount (because of the incurring daily interest) and give them 7 days for full settlement without conditions or we will then submit the allocation questionnaires without further correspondence, and supply all the correspondence we have received and details of the goodwill gestures received and offered to the county court.

 

thanks again

[charleyfarley]

M&M,

 

These are the Rejecting GOGW templates. As far as I can see the 50% offer is a standard tactic at the defence stage, so I would say thank you but no thank you and we'll see you in court

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Nearly there

[M'n'M]

Ok we are sending this hope it does the job.

Dear Sir

Thank you for your letter, “Without Prejudice” dated *** ***** 2007.

In response, we decline your offer of £****.** as this falls very short of the sum claimed.

May we remind you that due to the daily interest being added, the claim currently stands at £****.** in bank charges interests and costs.

We will except the amount of £****.** as full and final settlement providing this amount is paid without further delay and without condition, any amount that has already been refunded relating to charges WILL NOT be offset against the full and final payment as any refunds have already been taken into account as shown on the schedule you have received.

Any action other than a cheque for the sum of £****.** made payable to [our names] by return of post to the above address will result in the return of the allocation questionnaire to the county court incurring a further cost to you of £100 and further interest, all correspondence regarding this claim including refunds already paid and all offers made will be made available to the court at its request.

Once the payment has been made and has cleared we will notify the court the claim has been settled.

We trust this makes our position absolutely clear.

Yours faithfully

[M'n'M]

Can somebody please clarify?

We submitted the AQ toegether with a further payment to our local court as it has been transfered to our local court, we have today recieved a letter which reads,

This Claim has been transfered to another court for allocation. On reciept, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judge's decision will be sent to you in a notice of allocation.

 

We are a bit paranoid now, why would they transfer the case twice?

Is this usual, can anyone say?

[M'n'M]

Thanks karnevil, The wife will rest a bit easier, she keeps thinking that our case is going to be the one they go all the way with.