Refusal to Provide Statements Under Data Protection Act

[Glenn UK]

CF

 

try post 43 for a method of estimating your claim

 

Glenn

[dercoss]

My lastest news is that I have now revised my estimate previously submitted to Abbey to reflect the actual amounts that I have been able to calculate from the recently received microfice stored statements.

 

However, I noticed on my latest bank statement that Abbey had refunded over £300 worth of charges. They don't say what for beyond basic descriptions of each charge. They didn't bother to inform me that they were going to do this..

 

I have deducted this amount from the total charges, submitted my LBA and given Abbey 14 days to refund the rest. My balance is about £900 now.

 

dc

[dercoss]

Right. Abbey refused to refund anymore than the £300 out of £1200 so I will have to start legal action.

 

I am completely at a loss here. Do I just go through the online steps on Moneyclaim?

 

Also, what is the address I should use for Abbey? I assume the registered office but any advice on this or any other matters would be greatly appreciated..

 

dc

[dercoss]

Thanks for the help. I will get on and do it...

 

dc

[dercoss]

I've got a bit behind with my updates here. I have now started an action in the small claims court and Abbey are defending it. I have one question regarding the form the court has sent me which mentions a fee. Is there another fee in addition to the one I paid to the court to commence this action?

 

dc

[newbody]

as far as i am aware there is normally 2 fees involved one when you file your n1 or mcol

 

and the second one is if you have to file an AQ

 

the only other fee that i can think of is if you amend your claim at any point after filing it and that is for £35

 

hope this helps

[dercoss]

Yes, this is the allocation questionnaire. Where do I find the schedule of charges for this?

 

dc

[newbody]

County Court Fees

 

Preparing for trial

 

Allocation to track:

claims for money of £1,500 or less no fee

all other claims£100

 

 

This fee is payable by the claimant except where the case is proceeding on a counterclaim alone, when it is payable by the defendant.

Where a fee is due, it must either be paid when the allocation questionnaire is filed, or, if:

 

 

either

the court decides that an allocation questionnaire is not required;

 

or

the Civil Procedure Rules do not require an allocation questionnaire to be completed,

then the fee must be paid:

• within 28 days of filing the defence (or the filing of the last defence if there is more than one defendant); or
  
• within 28 days of expiry of the time for filing all defences.

Warning: if you do not pay the allocation fee when required, the court can make an order which may lead to your statement of case (claim or counterclaim) being ‘struck out’. This would mean that you could not proceed with your claim (or counterclaim).

[sandiebabe46]

I have also had the same letter today.Firstly they acknowledged receipt of the £10 then came a part saying information covering the last fourteen months would be sent out in statement form within 5-7 days. Then they go on to say that any previous transactions are on microfiche and it is not possible to provide me with a print out of this information. However thay go on to say they will make arrangements to send a list of archived transactions between 2001 and 2005.Would someone be kind enough to point me in the right direction now please.

[newbody]

double post

[newbody]

If abbey are still within the 40 days of the SAR then allow the time to pass the letter you recieved is the standard acknowledgement and your statements will follow within the week and the printouts of the microfiche information within a week or 2 after

 

So hold off doing anything for the minute when you are closer to the date for teh SAR running out you can send them another letter Geeing them up

but at the minute it is a case of waiting also a good point would be to start your own thread in the relevant bank section so as not to confuse people reading this thread and it keeps alot of the information in regards your claim(situation) in one place so people can comment and help easier

 

also read some of the other threads in the abbey forum to show the things abbey will throw up to try and intimidate you and drag it out

 

i am ahead of you at the minute but feel free to read my thread to show you of what you have to come http://www.consumeractiongroup.co.uk/forum/abbey-bank/57977-newbody-abbey.html

[dercoss]

My claim is under £1500 so there is no charge. Thanks for the advice..

 

I have received a letter from Abbey today offering around £400 to settle now. Seeing as they have already repaid me £300 it really isn't much of an offer.. I think I'll decline it..

 

dc

[dercoss]

Do I need to answer Abbey's offer or can I just ignore it. It was made "without prejudice" which I have been told they can't refer to it in any subsequent court case..

 

dc

[newbody]

i think it is best to acknowledge the reciept of the money and state you wish for them to remove it or you are accepting it as part payment and will pursue them for the rest in case you get called for a hearing with a judge they cant then claim as far as they were concerned it was settled as you will have proof that you informed them that it was not a final payment and you would continue to pursue the matter

[dercoss]

I'm pretty sure that the "without prejudice" means that the content cannot subsequently be referred to in court. Also, accepting the cash could be construed as accepting the offer made. I know this bit from a case I was involved with last year. I made a "final offer in full and final settlement" of an amount which the company concerned took but then continued to claim for the rest they were after. The judge kicked the case out when he discovered their acceptance of my offer..

 

dc

[dercoss]

If Abbey credit my bank with an amount (as a gesture of goodwill...) after I have started a claim in the Small Claims Court, how does this affect things?

 

Can I just adjust the original claim, and if so, how do I do this?

 

 

dc

[dercoss]

Thanks...

 

dc

[dercoss]

Success... I received a letter from the Ombudsman today in which they say Abbey have agreed to pay the full amount of my claim (without admitting any liability of course..).

 

It makes it clear that the amount offered is in addition to the few hundred they have already paid and together the 2 amounts equal the full amount of my claim.

 

Thanks to all who have helped me over the past few months and also to the people behind this website. A donation will be on its way as soon as I see the cash from Abbey...

 

DC

[bp]

congratulations!!!!!!

[dercoss]

Well, it was nice while it lasted... Abbey have now withdrawn its offer because "you have commenced legal action against us"...

 

It is because I had also written to the Financial Ombudsman some time ago and they made the offer via that office. However, Abbey have already file a defence so it wasn't exactly a shock to them that I am taking them to court..

 

Oh well, it was a good job I didn't spend the money before I got it...

 

dc