Abbey default removal

[Guest willowb]

was that directed at me?

lol YES! in response to...

 

"come and have a go then!!!!"

 

 

:o :o :o lmao

 

Wxxx

[Guest willowb]

Got this letter just now from DLA Piper ......see what you think but it's confused me to heck!

 

They've attached copies (illegable copies) of the signed contract from when we opened the bank account.....fine, but what does that prove?

Anyway, they haven't addressed the following:

 

1. Non compliance to statutory notice (at all!)

2. The charges

3. The charges as they relate to section 14 (inaccurate data processing)

 

Within this 'data statement' at the back it states (I can just about make it out!)...

This declaration (I thought a declaration had to be signed?) relates to the information I/we have given on this form and to any other information which I/we provide to Abbey National, or which it holds on me/us.

This information may be held on computer and retained after my/our account is closed.

I/we agree that my/our name(s) and address(es) may be disclosed to reputable market research organisations for the purpose of confidential market research surveys conducted on behalf of Abbey National. This will enable them to seek my/our opinion of Abbey National, and the service it offers, for example by post or by telephone.

I/we understand that I/we can request Abbey National not to send such details or not to disclose my/our name(s) and address(es) to a market research organisation by writing to Abbey National Plc..........

 

I/we understand that the information may, in certain cases be disclosed to other companies in the Abbey national group or to associated companies where the interests of Abbey National Plc require such disclosure, or to third parties for statistical or research purposes.

 

Abbey National will use information for credit assessment, this may include credit scoring and it may make such enquiries and take up such references relating to me/us as it considers necessary (i.e, from another financial instituation) Abbey National may search the files or credit reference agency which will keep a record of that request.

Abbey National may disclose my/our name(s) and address(es) to a credit reference agency in future (if I/we are then aged 18 or over) when deciding whether to send me/us details of credit.

Details of me/us and the conduct of my/our my/our conduct:confused: will be recorded with CRAs and may be shared with other lenders for the purposes of assessing further applications for credit by me/us and members of my/our household, and occasionally for debtor tracing and fraud prevention........

 

So, they 'blinked' first.....but have addressed nothing! I'll formulate a response later on but I'll be glad of your comments. Looks like we'll be needing that mediator hey!

 

Wxxx

[Guest willowb]

Right, I've constructed the following in response. I will attach a spreadie of the charges and a copy of my amended POCs for them to 'peruse' ................................................................

Claim ref: 6PR04897

2nd Februray 2007

 

Dear Sir/Madam,

 

Thank you for your letter dated 30th January 2007. Attached to the letter was a copy of the origional agreement, thank you.

 

I would refer you to the main points of our claim as stated in the attached POCs which the above agreement does not satisfy;

Point 4 of the Claimants' Particluars of Claim state that we issued your client with a Statutory Notice on the 2nd October 2006 to cease processing our personal data in accordance with our rights under Section 10 (1) of the Data Protection Act 1998. Section 10 (3) of the Data Protection Act requires the Data Processor to comply with the Statutory Notice or offer justied reasons as to the continuing processing of our data. We received no response at all from your client, a reference to the attached agreement was not made and no documentation was offered. Therefore I am requesting that the Court order your client to cease processing our data in accordance with our rights under the DPA.

Point 13 of the Claimants' Particulars of Claim refer to the unlawful charges debited from the Claimants' account whilst active. We believe the charges to be unlawful penalties and not a genuine pre-estimate of the losses to your client. Your client has not provided any information as to the costs of such breaches of contract to prove that they represent the actual losses to your client.

Point 16 of the Particulars of Claim refer to the charges, which amount to £331.50 (a spreadsheet of charges plus interest and fees is attached to this letter).

Point 17 of the Particulars of Claim refer to our rights under Section 14 of the Data Protection Act 1998; We will be requesting that the Court orders that the Default placed on our credit file by your client be removed as it is an inaccurate reflection of the debt owed. The defaulted amount was £1,295.00 whereas £331.50 of this amount was made up of unlawful charges. Therefore the data being processed by your client is inaccuarate.

 

Please note that within the amended Particulars of Claim, we refer to your client's non-compliance with our Subject Access Request under Section 7 of the Data Protection Act 1998. A complaint was made to the Information Comissioner's Office at the time but the statements arrived too late to be added to the 'default removal' claim which is why the origional POC's needed to be amended. All supporting documentation has been forwarded to the Court.

 

I hope that this makes our position clearer and that we hope this matter can be resolved without the need for litigation.

 

 

To reiterate, we are seeking the removal of the default and the return of unlawful charges plus interest and fees to the sum of £ (gotta find me spreadie*eek*)

 

......................................................

 

Please let me know what you think:)

 

Wxxx

[Guest willowb]

Got this from DLA piper this morning......I'd have thought that they'd have seen my amended POCs by now....I've f**** up haven't I:| , should I not have sent them? What with everything going on with my erc as well I think I'm heading for a melt down.....and I'm not kidding.

 

[dayglo]

morning willow

I'm at home today and able to help as much as you like

it's gonna take some time for me to catch up again, and maybe msn is a useful tool today?

 

relax - I doubt there is any problem here we can't fix.

[eminem4eva]

This is all so difficult, I've tried to sort out my problems with not only one but now 2 banks and their charges.....I may have to let the C.A.B. take over and help as I can't make any sense on the comp way as I'm not good enough to use the comp......HELP!!!!!!!!!!!

 

Good luck and I hope you do finally get wot ur entitled to

[Guest willowb]

Thank you hunny, that's really good to know. I'll pm you in a mo.

 

I've just constructed this response to work on, what do you think?

 

-------------------------------------------

 

Dear Sir/Madam,

 

Thank you for your letter dated 8th Februrary 2007.

 

The amended POCs to which you are referring were submitted to the Court on the 5th December 2006 along with the obligatory N244 form.

 

I would like to refer you to the fact that a complaint was made to the Information Commissioner's Office against your client for their non-compliance of our Subject Access Request (all supporting documentation has been forwarded to the Court). This being the main reason behind the amendment to the claim's particulars and the inclusion of the request for the return of unlawful charges. If your client chooses to request an order for costs due to a new Defence then we will again draw the Court's attention to your client's responsibility for the amendment.

 

We forwarded a copy of the said amended Particulars to yourselves with the view to putting both parties on an equal footing. We believe that this claim will not fail in Court and that our requests are both fair and reasonable.

 

The Court has ordered a stay in order that we may come to some kind of settlement out of Court. I am writing now in accordance with my duty under the overriding objectives to continue to seek settlement of the case without the need to invoke the time of the Courts. In recognition of that fact and in the interest of acting fair and reasonably I am thus now in a position to offer your client the chance to settle at £381.50 (which is the total amount in charges and fees minus the interest) and the removal of the default marker.

 

Yours Faithfully,

-------------------------------------------

 

Wxxx

[eminem4eva]

WOW that looks and sounds great and I hope you suceed Willow, I wish I was clever enough to do something like that

[Guest willowb]

I've pmed you

[dayglo]

ok - I think we've moved forward. Good luck.

[Guest willowb]

Thanks again sweetie:D

 

Right, I'll send them a copy of above letter, I'll edit it if I need to amend it in the meantime and forward copies of all correspondance to the Court.

 

Wxxx

[Guest willowb]

Got this in the post this morning, can you believe! it's a step in the right direction but I still want the default removed....I'm not accepting their argument to leave the default on but with a lesser defaulted figure than the original amount....

 

I shall write back to them stating along the lines of the fact that if the defaulted figure was that amount in the first place then we may have been better placed to settle it! Does that make any sense?

 

Wxxx

[dayglo]

yes it does make sense.

 

write back to them and make that clear.

 

Also, remind them that, without prejudice to the above, you have issued a Notice under section 10(1) DPA 1998 and as their client has not complied within the 21 days then you are seeking a court order requiring their compliance in line with your rights under section 10(4).

[Guest willowb]

Will do, thank you hun.....and good morning:)

 

Wxxx

[dayglo]

good morning yourself. Thanks for you pm!

[Guest willowb]

No problem:)

 

What do you think of this? Although, I won't be sending it until maybe mid next week, they may respond favourably to the offer I sent them yesterday....here's a hoping anyway!

 

-------------------------------------------------------------

Dear Sir/Madam,

 

 

Thank you for your letter dated 8th Februrary 2007.

 

To enable us to make our position clear reguarding the default removal we would refer you to point 18 in our amended particulars of claim. Section 14 (1) of the Data Protection Act 1998:

 

(section) 14. - (1) If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.

 

Firstly, the orginal amount defaulted was an inaccurate representation of the debt owed and has been a misrepresented account for the time it has been placed on our credit file. We do not believe that it would be fair and reasonable to just change that amount 4 years after the event and will contest this in Court if needs be.

 

Secondly, the debt may have been settled at the lesser figure, in other words the £963.50 as opposed to £1295.00 would have been an easier sum to settle thus avoiding a default alltogether.

 

And thirdly, we would refer you to the fact that the Statutory Notice issued to your client on 2nd October 2006, to which we received no response. Within point 8 of our amended particulars of claim it clearly states:

 

"The Defendant therefore, has not complied with their obligations under Section 10(3) in that they have neither ceased processing data nor replied with justified reasons as to their non-compliance with the properly issued notice under Section 10(1). In accordance with their rights under Section 10(4) the Claimant requests from the court, an order to the Defendant that he comply with the Notice issued under S.10 (1) as the notice appears reasonable and the Defendant has failed to give justified reasons for non-compliance within the 21 day period"

 

 

Therefore, we deny that this would be a fair course of action regards the default marker and will contest this vigorously.

 

Yours faithfully,

-------------------------------------------------------

 

Have a good weekend.

 

Wxxx

glass of wolfe blass at the ready for me later!!!!

[dayglo]

i'm a bit busy at the mo' but i had a quick read of your letter and my only advice would be to change some of the 'it might have been easier to pay off the debt' etc....

 

to something a bit more definite. e.g. "The debt WOULD have been satisifed in full had it been for the correct amount - the default exists only becasue of the addition of the charges"

 

I'll help more later on if i can!

[Guest willowb]

Yes, I get you! I'm being a bit soft aren't I? I'll rework it.

 

Wxxx

[eminem4eva]

No Willow you r doing fine, I've been given a page form a newspaper to help me I will let you know how I get on.

Good luck

[Guest willowb]

Thank you, yes do link your thread/s if you need help.

 

Well, no response to my offer from last week so the letter goes off this morning.....ding ding.

 

Wxxx

[Guest willowb]

Ahem.....look what I got in the post this morning:rolleyes: ......

 

Dayglo if I could take you out and buy you a glass of champers or two today I most certainly would! and that goes for you too Zoot (my guardian angel of CAG! )

 

 

I can't quite believe it, what a blessed relief!

 

Wxxx

Can someone change the title of my thread please:cool:

[debt_mountain]

Ahem.....look what I got in the post this morning:rolleyes: ......

 

Dayglo if I could take you out and buy you a glass of champers or two today I most certainly would! and that goes for you too Zoot (my guardian angel of CAG! )

 

 

I can't quite believe it, what a blessed relief!

 

Wxxx

Can someone change the title of my thread please:cool:

 

 

Well done, good result all the hard work seems woth it.

[ClintMccutcheon]

Well done!!!!

 

Perseverance seemed to be the key in this one, many congratulations

 

C

[dayglo]

Good morning willow - there are not many thread that would get me posting today but this is definitly one of them!

 

I am delighted for you, makes it all worthwhile doesn't it. Seriously well done. You put effort into understanding everything and bingo!

 

I will have a cup of extra special coffee to celebrate with you this morning - 'fraid my employers take a dim view of champagne at work!

 

 

keep in touch!

[Guest willowb]

Will do and thank you for all your help sweetie:) Now all I need is a letter from the Courts re a strike out of Barclaycard's defence and I'll be a happy little willow for sure:rolleyes: .......hummmm

 

 

 

Wxxx

Perseverance seemed to be the key in this one

I seemed to have developed balls too! lol

 

Thanks guys