Mother-in-law vs Abbey

[Michellemc]

Wow! When I recommended the in-laws to have a go at reclaiming their money I did not realise what a nightmare Abbey are - after reading some of the horror stories on here.

Anyway first of all we sent off the S.A.R - (Subject Access Request), cheque was cashed on 3/7 BUT!!! me being me put the incorrect address on top of the letter so Abbey replied advising that the address needed to be verified as it did not match their records but in the meantime they were dealing with her request and thanking her for the £10 fee (nothing mentioned about microfiche). Reply was sent apologising providing proof that the address they had was correct blah blah blah and that we expected statements still to be received within the original time scale BUT surprise surprise they did not arrive ... any of them so the follow up was sent on Thursday 24/8 giving them the 7 days to respond BUT still nothing SO...

She has now managed to dig out a few, and I use a few lightly, statements but even these add up to about £700.00.

Should we

a) use the N1 form and go about with the estimated charge and non-compliance of the DPA

or

b) issue prelim letter requesting money but using a higher estimate to get them thinking (alternative argument?)

I personally presume a) as we have threatened court by sending the follow up DPA letter so as not to go back on our word.

I could go mad at myself and not reviewing the Abbey site before sending off the second letter but eh .. what a nightmare Abbey are, at least I do not bank with them!! and then there is the sister-in-law!!!!!

How fab is this site....

[callumsgran]

Great innit? i would go for the prelim letter and the non=compliance also! see how you get on, good luck

[ED1237]

You could go down one of two routes. Firstly you can go down the N1 route. This carries an element of risk which I will explain later. Secondly you can complain to the information commissioner who is apparantly snowed under with complaints. I have been advised the information commissioner is visiting the Abbey sometime this month to rule on the microfiche issue. I have issued an N1 against them for the same reason although they cashed my cheque back in May. They have entered a defence denying any wrong doing under the DPA, so I have filed an amendment suing them for breach of contract just for good measure. I would sit tight a week just to see what the information commissioner says. Anyway thats just my opinion.

 

Regards

 

Mark

[Michellemc]

Thanks for the advice.

 

Have to say a bit worried going through the court but will do if needs to. My only concern is with me sending the non-compliance DPA letter stating this is exactly what I would do if I had not received the info within 7 days and that was 10 days ago!!!

[Michellemc]

You could go down one of two routes. They have entered a defence denying any wrong doing under the Data Protection Act, so I have filed an amendment suing them for breach of contract just for good measure. I would sit tight a week just to see what the information commissioner says. Anyway thats just my opinion.

 

Teddea, I think we are going to go down the N1 route but use the breach of contract, the cheque was cashed 4/7 so they are well over their deadline and if it means us getting the statements quicker then it will be worth it. I went through the statements she has last night (only 15 over the 6 years) and they already amount to £615 and she is aware of £370.00 charges late 2004 along with another £210.00 this month so she is into £1200.00 in 17 statements. So tonight is studying the N1 form and gathering that advice.

Rather than issue an estimate I thought this may be a better option - would you agree??

Between you, Odds, LIPS and Karnevil there is so much info to take in as you all seem to be having a pretty herendous time of it!!!

[Michellemc]

It has been a while since I updated these threads - how awful.

After various tos and fros Abbey offered £988.00 - accepted as part settlement etc. Anyway we are nearly at the court stage on this now. MCO filed 24/11, acknowledged on the 14th day and now saying they have not got summary of charges (which has been sent - POD obtained!).

Anyway just a quick question I am going to re-send the summary of charges but obviously the interest has now increased. Should I send the original as sent on 24/11 (Total claim £2466.02) or an up to date one from today 16/12 (£2476.16)??

Going to start preparing the court bundle I think!

[Michellemc]

Wow, another update months on and the saga continues!

 

I have just been away after a 2 week break and my mother-in-law has handed me her court notice for the small claims.

 

11/4/07 1000 at Liverpool Civil and Family Courts

 

Anyway I read on and gasp when I see documents have to be returned to both parties by 2/3/07 1600 and yes we are only 4 days away. I have spent all day on the site and got loads of info - Case Summaries, Statement of Evidence, Info from the Court Bundle, OFT Summary, BBC Commission Conclusion, all correspondance of course and statements, summary of charges etc. but just want a bit of advice and confirmation I should include all this.

 

The directions are as follows -

1) Each party shall deliver to every other party and to the court office copies of all documents (including experts reports if the court has given permission for expert evidence to be used) on which he intends to rely at the hearing.

2) Copies to be delivered by 4pm Friday 2nd March 07

3) Original documents should be brought to the hearing

4) Signed statements setting out the evidence of all witnesses (including expert witnesses if permission has been given to use them) on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 1. This includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to court to give evidence.

5) The court must be informed immediately if the case is settled by agreement before the hearing date.

 

Apologies but I have read through so many posts today and info on the court bundle, going to court etc just want confirmation myself.

[Michellemc]

My Court bundle will consist of

 

Court letter (taken from Armsoft also including list of settled cases from Abbey)

Witness statement (taken from Karnevils link)

Schedule of Charges - these were amended to include interest as the claim stage, should I include both issues and / or should these be included with the correspondance??

Statements

Correspondance

Cases & Statutes (taken from the court bundle) and to include OFT Report / BBC Comm Conclusion / McNamara Interview / Comp Comm Report.

 

Should this suffice?

 

Also I notice that no mention should be made of anything without predjudice, my MIL received £988.00, refund out of the £2159.00 she initially claiming, into her bank account. I deducted these charges from the Spreadsheet when making the MCOL claim. Should I include these letters in the pack and does this correspondance get included on my witness statement?

 

Also with regards to the additional interest. I made my claim on MCOL on 24/11, this has obviously now gone up. Do you actually claim the additional 32p per day now and should this new figure go on the witness statement or the initial figure you were claiming?

Hope these questions make sense!

[Michellemc]

Hi there,

 

Can anybody help me with the above if poss? Just getting everything together now and going to send the bundle off SD today if poss!!

[Michellemc]

Also I notice that no mention should be made of anything without predjudice, my MIL received £988.00, refund out of the £2159.00 she initially claiming, into her bank account. I deducted these charges from the Spreadsheet when making the MCOL claim. Should I include these letters in the pack and does this correspondance get included on my witness statement?

 

Also with regards to the additional interest. I made my claim on MCOL on 24/11, this has obviously now gone up. Do you actually claim the additional 32p per day now and should this new figure go on the witness statement or the initial figure you were claiming?

 

Hope these questions make sense!

 

Can somebody possibly help me with the above? The clock is definitely ticking now

[Lula]

Hi Michelle, i think that the answers you are looking for are asfollows:

 

Yes include your letters, the better way would have been to show on the spreadsheet that you have received a GOGW payment so you need to make sure that when Abbey settle - and they will , they are aware that YOU have already taken off the GOGW. Make sure that when they send the letter for you to sign this is quite clear.

 

The additional interest goes on when either (a) the judge finds in favour of you or (b) the Abbey ring you to settle, have the figure to hand from now on

 

Hope this helps

[Michellemc]

U r a star Lula, thanks so much for that. Can not believe it has been left to the last minute but working under pressure is what I love. Finished it all anyway so just got to get it copied and get it sent SD tomorrow - fingers crossed . Thanks again.

[Michellemc]

There seems to be a lot of mention to James and Inga whom I presume are in the legal dept when your claim gets to the court stage. Does anybody happen to have their e-mail / contact details at all. Maybe these could be posted to the contacts by a mod???? Otherwise could somebody PM them to me as will def be getting in touch with them shortly!!!!

 

Many thanks

[Lula]

Michelle, as you are a girl (I hope) then I would talk to James, (vv Sexy voice) [email protected]

[Michellemc]

Sounds good to me!!!! Thanks Lula.