Buffy v shABBEY

[Buffysum]

Hi there,

Well so far I have got ovr £100 back of capital one I have just posted a peliminary letter to HSBC asking for £800 pound and I am having problems with Abbey. I wrote to them back in early June and sent a cheque for £10 I got a years worth of statments and on them alone it comes to more than £700! But they told me the rest would follow it has now been well over the 40 days and I must admit have been very busy so didn't follow it up untill today! I just got of the phone to the usual call center they have in the evening and after being on hold for 15 mins and cut of twice (Aaaaaarrrrrrrr) I managed to talk to someone who informed me there was no request on my account for the other 5 years worth of statments!! He then went on to inform me that he could order them for a charge of £10!!!!! I told him I had already paid this on the 27th June when I originaly requested the statments. But he didn't understand! So he spoke to his manager and told me they would be ordered and they would charge me (again!) and they would be with me in 6 Weeks!!! I told him how I felt! being polite of course and that they had broken the date protection act and I would be reporting them. Now what should I do for the best? Phone one of the numbers in the forum tomorrow and try and speak to someone a bit higher up the food chain, sentd the letter I just found "data protection act disclosure request" or report them?

Cheers

[Glenn UK]

Claire

 

Did you get a letter saying thanks but we will use your tenner for sendig statements?

 

If so they rejected your aplication under the DPA and youve kinda missed the boat I expect in terms of taking them to court at this stage for non-complaince, i expect a court would say they wrote, you in effect accepted their contention, etc.

 

Dont worry im sure not all is lost, you have two choices as i see it, resend the SAR and you can point out you have already paid them, they may reject this and ask for another tenner, if so id send it, then wait for your data.

 

ALternativley estimate you claim based on the statements you have and they will have to provude the data to disupte the amount.

 

JMHO

 

GLenn

 

PS hopefully someone else will reply hopefully someone with a bit more knowledge on such things.

[Buffysum]

Thought as much thank's will try and ring again in the morning if I get no joy will send the letter again.

 

Cheers

[Glenn UK]

Forgot to say you can claim back your costs when you get to court too so if you have to pay twice for the statements then you claim back 20.

 

HTh

 

Glenn

[Buffysum]

Well today I phoned and spoke to someone called Carla who was to my suprise helpfull!! Looks like Abbey have just chose to ignore my request for statments my fault for not keeping on top of it I know but im in the forces and dont get home much, going to keep on top of it from now on. Carla has taken my home number and is sending some emails to another department and will get back to me in a day or to! Call me a sceptic but I decided to send another letter just to be on the safe side because I really want to get things moving. I sent the SAR again today with another £10 cheque stating that this was the second letter and I have already paid the £10 but if they require it again to take it as I will be claiming it back.

 

But now what should I do for the best give it a week and see what happens or estimate how much they have taken from me and send the first letter?

 

Also I have has a look but does anyone know if there is a letter template for a claim that is estimated or should a just tweak the one in the library?

 

Confused Claire:confused:

[philread1]

Hello Claire

 

I would estimate from the information you have, and at least it gets the ball rolling!!! You can still carry on trying to get your info from the shABBEY through the DPA, and amend your claim if they decide to give it to you.

 

My claim is half estimated, and I just tweaked the template letter in the library like you said.

 

Phil

[Buffysum]

Cheers how did you estimate it? I have no idea! Should I just put about £4900 down think it will be around that anyway might give them a kick up the arse to get me the statments out! did you just attatch all the workings out to the letter? also silly question but just want to make sure I get this right I only add inerest if they dont pay up and I have to go to small claims court right? and the £5000 max claim does this have to include interest or can you add interest on to the £5000???

 

Sorry to be a pain been reading for days but still a little confused not yet recived my small claims pack!!

 

Claire:)

[philread1]

Hello Claire

 

I found my last 3 years worth of statements, so I took an average out of those, and used that figure to work out the previous 3 years.

 

I then worked out what the average monthly charge was in charges, ie. say each month I estimated £120, i worked that out as 2 Unpaid DD's @ £35, 1 Unpaid Cheque @30, 1 Unauthorised OD @ £20, and so listed these charges each month for the previous 3 years. You have to try and make it look realistic as well (make sure it is heavier rather than lighter, though;) )!!! I actually listed the estimated figures down in the same way as I had the real ones.

 

No, you don't have to show them how you calculated it, if they are THAT bothered about it they should supply you with the information you have been requesting!

 

You only add the 8% interest once it goes to court.

 

I think that the £5000 max is not including the interest & costs, but maybe you should clarify that with one of the mods (Karnevil?). I definately know the costs are not included in the £5000.

 

Hope this helps!

Phil:)

[Michael Browne]

I think that the £5000 max is not including the interest & costs, but maybe you should clarify that with one of the mods (Karnevil?). I definately know the costs are not included in the £5000.

 

 

Correct, but court fees are calculated on claim + 8%. If this takes it over £5000 the court fee jumps to £250 (reclaimable)

[Buffysum]

That's great thank you will get to work now!!

 

Claire

[Buffysum]

Just another quick question! I have paid of my overdraft so dont mind if they close my account as I will do it myself when I get chance but I do have a £10000 loan with then! They cant cancel that and make me pay it back can they?? Is anyone else in a similar situation??

[Buffysum]

Well just on my way to the post office been busy all morning estimating the 4 years that I don't have statments for and puting it in to the spreadsheet. Have sent the complaints department the letter via email aswell so just another 14 days to wait till the next letter hopfully they will get of there backsides and send me my statments!! If anyone can answer my question above would be very greatfull.

[Michael Browne]

The loan is covered by a separate agreement and won't be affected by your claim, unless you are in arrears with payments.

[Buffysum]

Well not posted for a while been a bit busy! The story so far I sent my first and second letters to Abbey and HSBC then SHAbbey decided to send my missing statments so had to re calculate and send the second letter to them re-calculated so they have another week till I take action. but to my suprise on monday a had £395 refunded charges put back in my account RESULT so cleared it out as I am no longer using that account not going to stop there though as it is only 1/4 of the total but it was a nice supprise!! And still havent heard anything from HSBC so I have just submitted my claim online today so just waiting now!!

[orfoster]

Abbey are doing this alot. Good Luck with your claim.

[Buffysum]

Quick update and question if some one would be so kind! Had a look but can't find the answer.

Just recived the standard fob off letter from SHabbey saying they have done and investigation bla bla although they think they are in the right as a goodwill gesture have credited charges from Oct 2005 untill Sep 2006 total £395.00 I have wrote them a quick email saying thank you but I am going to still start action unless the give me the remaining money by friday when the 14 days is up. Is this right?? Also how do I deduct this of the spread sheet?? What I have done is as an aditional entry done charge refunded and the date they were refunded 19/09 so I still get the interest up to the date refunded is this correct??

 

Thanks in advance

[Buffysum]

Could any one give me any advice on the above please a bit stuck and my claim is due to go in on friday.

Cheers

[Buffysum]

Thays great missed that one thanks! Sneaky buggers glad im closing my account!

[Buffysum]

Does anyone know how I can change my User Account name please??

[Buffysum]

Well time is up today and haven't heard a peep! Cant file my claim untill tomorrow but going to get it ready now!!

[traceyrmj]

good luck claire, do they really think taking a 1/4 of the debt is gonna make you change your mind!

[Buffysum]

Well just to keep up to date the claim has now been filed it was issued on 2 Oct. Does anyone know how you can tell if it has been served or not on MCOL?? Think I read somewhere that it is 2 days after issue could anyone confirm this? Really quite excited by it all sad isn't it Lol. Anyway just have to play the waiting game now!!

[Buffysum]

Well it was issued on the monday the 2nd so Im going to start the 14 days from wed the 4th because looking at my HSBC claim it was served 2 days after issue.

[Buffysum]

well just checked on line now and Abbey have just acknowleged my claim and have took there time with it time wasting as usual!! so I think they have untill the 4th November now to file a defence. Was really hoping they would just ignore it so the 14 days would have been up next sat! oh well Just have to wait again now!! x

[Buffysum]

Not to sure yet I work away during the week so wont get home untill tonight so hopfully should get the hard copy today or tomorrow that has all the details on. I have been checking MCOL every day and all it says is 12 oct acknowleged no more info than that in afraid. have they not parted company with DLA now??