Beddow v Abbey - getting nowhere fast?

[kathybeddow]

Hi

I sent off Data Protection Act letter for me & hubby's bank accounts with the Abbey and got back around 18mths statements. Got the microfiche letter back from Pam Speed (who couldn't even put on the correct names!); sent off the Template for non-compliance. 40 days has well passed now and still no statements. Got standard complaining letter...

I am about to do the N1 form - do we use the template on this site or do we need to get one from local court?

Am a bit unsure about the court situ as it's out of my normal remit but am bloody determined enough to do it! Probably best to buy a book.

Has Abbey settled anyone recently?

Figure that I need to estimate bank charges (on the high side) and see what happens from there.

Seem to be a lot of similar situs out there....

 

Advice on progress anyone?

Kathy

 

Template for non-compliance 1/9/02

[Odd Fellow]

I would urge you to hold fire.

 

The ICO report on Abbey's archive system is due this week.

 

If the ICO finds that Abbey's filing system is "relevant" then the floodgates will open. If the opposite is true, anyone with an outstanding claim against Abbey for non-disclosure is likely to be on a hiding to nothing that will have cost them £30 (or more).

 

Wait for the report.

[kathybeddow]

I am even more confused now - help!:?

Do I estimate and do the N1 form or wait - what for?

It seems all I have done is wait and they are not interested...

Good to see some Abbey settlements today though!

Please advise on next course of action

 

Many thanks for this site - will make donation on settlement!

Kathy

 

DPA Letter sent 19th April with £10

DPA Letter sent again 18th July with £40 for 4 accounts

18mths statements received microfiche letter from Pam Speed

Prelim sent 1st Sept

Fob off complaining letter received

What's next???????????

[kathybeddow]

Anyone want to be my buddy - would prefer an Abbey person!

Kath

Staffs.

[Glenn UK]

Kath

 

Im not sure i can be your buddy, i live in essex, but be happy to help if i can.

 

You need to read the step by step guide in the FAQs so you can get the process straight in your minds.

 

YOu need to be sending a pre lim letter first, then a lba then file the claim at court.

 

Re the fiche, as oddfellow says theres not much point in pursuing abbey for non compliance right now, however, if you have enough information to estimate a claim based on what info you have there is nothing to stop you doing that.

 

oops just notice in you signature youve sent the prelim now you need to send the lba.

 

Im filing my n1 against abbey tomorrow.

 

HTH

 

Glenn

[kathybeddow]

Thanks for the prompt responses - have re-visited the FAQs and step by step guide. Will study then have a go at estimating total amount, then make next move.

Thanks for help and yes it's great to see an Abbey claim settled so recently!

Well done!

Kathy

[Glenn UK]

Kathy

 

If you want any help coming up with an estimate jsut post your details and somoene will help.

 

I did what i called a freqeuncy and type analysis to estimate my charges for periods where i dont have statements. Sounds rather grand but its pretty striaght forward really and I would be happy to try to explain it if you need it.

 

Glenn

[kathybeddow]

Oops - I have just been checking all the letters I have sent -

 

Data Protection Act Letter sent 19th April with £10

received microfiche letter from Pam Speed dated 12th May

Data Protection Act Letter sent again 18th July with £40 for 4 accounts

18mths statements received

LBA sent 1st Sept - AlanfromDerby's Non-compliance Template 2 as 40 days were up and no more statements forthcoming.

Fob off complaining letter received from Marc Winder dated 6th Sept

 

Should I send the Prelim letter that I have missed / proceed to N1 form / or hassle them by email and phone? Or all three?

I am trying to keep up to speed on developments - eg. forget Information Commissioner with Abbey, hang fire on N1 form, can't use moneyclaim, etc.

But kinda feel that I don't know how to proceed at the mo...

Please advise!!!!

[Glenn UK]

i dont think its critical, i was beggining to read my new book last night, the one recommended by the forum by the judge about small claims and im sure she only suyggested one letter before action.

 

I think that basically the courts will want to see that you have informed them that you are serious about the action if the claim is not resolved to your satisfaction.

 

Wait and see if you get any other responses

 

HTH

 

Glenn

[kathybeddow]

thanks for that - that's exactly the advice I needed!

Kath

[kathybeddow]

have been through bank statements that I have - some for a year and some for up to 18months. - For our 4 accounts, using the simple spreadsheet the total is £1883.64 - can anyone give me the best way to estimate for the 6 yrs, or do I just go for the £5k? In the hope that they might move on the missing statements?

Would appreciate any help given!

Thanks

Kathy

[kathybeddow]

Many thanks - I will do that. I have set the 4 accounts on 4 different sheets (Thank God) so it should be relatively easy to go through.

[kathybeddow]

My God - have just done estimates and the 4 accounts that we have total £6404 in 6 yrs. Can't believe that they have just taken that kind of money from our accounts (without permission)! Complete **** - our 4 boys could have had many a nice holiday on this money...

Will have to claim for £4999 as don't want to go fast track...

Prelim letter being sent tomorrow.

Kath

[kathybeddow]

2/10

Received letters - Thank you, blah blah blah - "As microfiche records are not held as part of a relevant filing system, they are not covered by the Data Protection Act and will not therefore be provided to you under a Data Protcection Act request.

We did arrange to send you this information from our microfiche records, however, it was not subject to the 40 day statutory period. To cover our administration costs, there was a £10.00 fee per account, which was payable at the time of you request. This is why your cheque was cashed. I am, therefore, satisfied that wehave complied with your specific request in accordance with the Data Protection Act"

 

Having just re-read this as I was typing, I am finding this quite hard to believe. I hadn't heard the outcome of the IC's report about the "relevant" filing system so to hear from Abbey that it is deemed not relevant and they will take the £10 anyway seems quite astonishing to me!

 

We have also had a repeat of the "sorry you are unhappy" letter from Marc Winder which is also unbelievable.

My husband informs me that Abbey have deposited around £290 in our bank account, without a letter or anything - we have changed to a satelite account now.

will still be pursuing for around £4880 all in minus the £290 which doesn't really hack it in the great scheme of things!

14 days is up on the 12th and will have next letter ready to post before the serious action commences....

Any advice gratefully received...

Thanks

Kathy

[kathybeddow]

Letter dated 4/10 from Anna Palczynski - informing us about the £285 refund as a gesture of goodwill they have already credited to our account...and a lot of patronising advise about minding our account...

Will write to accept the £285 but still pursuing the other £4600 - after reading the GOGW thread it makes me wonder how they get to their GOGW figures - is it how much they think they can get away with?!!

Honestly!!!

Thanks Karnevil for all advice on the GOGW thread.

Kath

[kathybeddow]

letter dated 4/10

have received "Urget Final Demand" from Debt Managers Ltd - can anyone point me in the direction of the letter about accounts in dispute pls? This is about my account which is one of the ones I am taking action on...

Thanks in anticipation!

Kath

[kathybeddow]

ok - can't find the letter so am posting this - We are in receipt of your letter dated 4th October 2006 and note its contents.

With regard to your gesture of goodwill payment of £285, we are prepared to accept this amount in partial payment of our claim of £4884, but take note that we intend to pursue our claim for the remainder.

 

If (and when) it becomes necessary to commence legal proceedings then our claim at that time will include interest pursuant to statute and court costs.

In the case of account XXX –we would like to point out that as stated the account holder has no intention of paying unlawful bank fees of £258.96 for 3 DD totalling £12.50 – regardless of the amount of chasing by Debt companies. At this stage, we believe that while the account is in dispute you may not continue with this harassment.

any opinions?

Ta

[Glenn UK]

ok - can't find the letter so am posting this - We are in receipt of your letter dated 4th October 2006 and note its contents.

With regard to your gesture of goodwill payment of £285, we are prepared to accept this amount in partial payment of our claim of £4884, but take note that we intend to pursue our claim for the remainder.

 

If (and when) it becomes necessary to commence legal proceedings then our claim at that time will include interest pursuant to statute and court costs.

 

In the case of account XXX –we would like to point out that as stated the account holder has no intention of paying unlawful bank fees of £258.96 for 3 DD totalling £12.50 – regardless of the amount of chasing by Debt companies. At this stage, we believe that while the account is in dispute you cannot continue with this harassment or take any enforcement or collectionb activivty, I understand that Paragraph 13.6 of the Banking Code sets this out for signatory banks.

I also understand that the BBA has issued apress release instructing its memebers not to tkae punitive action against customers reclaiming unlawful charges.

 

any opinions?

Ta

 

JMHO

 

Glenn

[kathybeddow]

brilliant! just what I needed - fortunately I have not sent the letter yet so can amend - also received another GOGW today ref my hubby's acc - £610, so that makes £895 out of £4884! Will reply accepting GOGW and add the rest as above.

Hubby says "Great Forum"

Many thanks

Kath

[kathybeddow]

just read the news about the "relevant filing system" - posted my estimated LBA letter today - will have to send again by emails now with additional paragraphs!

LOL!

[kathybeddow]

Emailed LBA with amended paragraph about the relevant filing system (16th Oct)and have received my statements for one account today. It's a start, still awaiting other 3 accounts!

[kathybeddow]

Interestingly, I have not received any other statements (I have been a bit busy recently and am just getting back to this). Have emailed demands for statements for other 3 accounts. In the meantime have had money paid into my account which is now closed and yet again the letter from Marc Winder about Complaining....about time these staff took stock of what they are doing....can they not read?

Awaiting statements to proceed as I fear that the actual amount is vastly different to what I am claiming.

[kathybeddow]

yes sent prelim ages ago - I have had a letter from Abbey apologising for the delay in sending statements and they have refunded the money paid (£50) but still no statements for the other 3 accounts - I know I am at the court stage but would really like to know the actual figures before making the claim - I think it is much more than we anticipated, certainly above £5k - we had claimed £4884 and have received some money as GOGW. Need to make the decision to hold out for statements or move ahead...indecisive - NEED HELP & THERAPY!!!!

Thanks for all input!

[sowerby17]

hi kathybeddow if you go to a post by stressedlou v abbey you will find a useful telephone number for a lady called Shiela she will sort out your statement dilema she is very nice and really helpful

[kathybeddow]

Many thanks for that!