Ive won *£6494.93* Ive won (LIP v Abbey)

[lostinparadise]

Hi Again,

 

Update

 

So I had to remove a couple of charges to keep this below £5k so that it stay in the Small claims track.

 

The total charges are:

£4,983.50

:o

 

8% Interest amounts to:

£1,080.54

:o

 

Total comes to:

£6,064.04

:o

 

Financial Claim

· I have completed the spreadsheet of charges with interest

· I have to complete the N1 form for the Financial Claim

· Need to gather the funds together to pay for this Claim

 

Data Protection Act Non Compliance

· I need to compile a letter in response to the badly written letter i received with regards to the Data Protection Act NON – Compliance action. Not happy with 1 yrs worth of information. (manually created table doesn’t detail what various payments and charges were for)

· I need to complete the allocation questionnaire for the Data Protection Act NON- Compliance.

· Need to gather the funds to pay for the allocation questionnaire

 

Had to type this all out so I can remember what to do. Lot of money to pay in court costs this month!!

 

Thanks

LIP

[lostinparadise]

OK please bear with me here are some LIP Bimbo questions....

 

FINANCIAL CLAIM - N1 form

 

Im using the following template from the templates library to populate the N1 form:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-particulars-claim-hard-copy.html

 

1,

Can anyone advise me on the following?

 

Brief Details:What should i write here?

 

VALUE: Do I put the sum im claiming only, or the total sum with interest and DPA £10 & Special delivery letters costs?

 

2,

Also how do i word the fact im claiming my £10 DPA cost and Special delivery costs in the Particulars of the Claim section 5?

 

Sorry for the novice questions but I haven’t seen the answers to these in the templates library.

 

Let me know (My head hurts - too much maths and formalities in one weekend)

 

LIP:confused:

[lostinparadise]

Here is my reply to shABBEY for their awful letter and the information on my account that i received in table format:

 

Data Protection Act NON Compliance

Ok here is my letter to Helen Huntley

 

Dear Helen Huntley,

 

I am writing in response to your letter dated 10th July 2006.

 

Due to the lack of care in producing this document, I am unable to understand its content, therefore will be continuing with the courses of action that Abbey National PLC have been advised of.

 

I have now received information relating to my account, but I am not satisfied with some of the information provided.

 

For the period from 28.05.03 – 28.05.04, you have provided a table which has been manually created for activities on my account. There are no references to what these payments relate to.

 

 

Descriptions such as VISA or CHEQUE do not inform me of where the payments showing were paid to.

 

I would like a complete breakdown of what each amount (credit or debit) relate to for this period. Someone within your organization has managed to refer to my information in order to create this table, I would like to see the same.

 

If you are unable to provide this information then I would like an explanation as to how you were able to put the information for the period of 28.05.03 – 28.05.04 together in the table format, why this was not in the same format as the rest of the information provided and why this was necessary.

 

I have issued a Data Protection Act Non-Compliance Claim “ORDER UNDER SECTION 7 AND SECTION 15(2) OF THE DATA PROTECTION ACT 1998" against Abbey National PLC and will not be satisfied until all the relevant information has been provided and all costs incurred settled.

Please be aware that on 17th July 2006 I will be handing in my Financial claim for all penalties taken from my account.

 

Yours sincerely

 

Hope this is Ok

 

LIP

[lostinparadise]

Hi

 

Thanks Karnevil youre a star.

 

Alan/Seminole - What did you put on your allocation questionnaire for Data Protection Act Non Compliance for part "G" - Other Information.

 

I wont be near this court from tomorrow so i need to hand these docs in today.

 

Let me know

 

Thanks all youve been really helpful.

 

LIP:-?

[lostinparadise]

Finanacial Claim

Ok so on the N1 form for the Financial claim i have put the following for brief details(as copied from the moneyclaim template):

I am claiming the return of money taken by the defendant in the way of charges over the last 6 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

I have repeatedly asked the bank to justify their charges but they have declined to do so.

For value i put:

Bank charges - £4977

Interest and Costs

Interest - £1050.48

Court costs - £250

Total of - £6277.48

Plus daily interest at 8% of £1.09p from the date of issue until settlement.

OK the court closes in 40 mins so im gonna have to run. Hope this is what should be on here. ok ill be here for another 5 mins if anyone has any comments.........

Thanks

 

LIP:-|

[lostinparadise]

Ok im gonna hand it in. I feel really sick with nerves!!!

LIP:(

[lostinparadise]

Hi Karnevil,

 

It was the second time ive been there, so i was OK about going there, it was just handing in that N1 form and being a little unsure of what id written!!

 

Dont worry about not seeing the post. Its coolio....

 

I paid £250 to hand the N1 form in.....i have to live on breadcrumbs until the end of the month now...lol.

I also included a schedule of charges (basically the spreasheet with interest populated)

 

 

At least i know that the Data Protection Act Non compliance Allocation Questionnaire will cost me nothing in fees, because its a small amount (so the court said).

 

Let you know what happens.

 

LIP

[lostinparadise]

No problem.

I asked loads of questions when i was filling that out..heeheehee.

Thanks again

LIP:D

[lostinparadise]

Hi All

 

I have received 2 letters regarding my overdraft facilty with shABBEY. In brief they say that although i am within the agreed overdraft limit, they cannot see regular payments being made into this account blah blah blah.

 

I will call them tomorrow to make an arrangement to pay this back, i cant really afford to pay it back in full. Should I? its around £1400.

 

I have also filled out the Data Protection Act Non Compliance Allocation Questionnaire. I have put in the "other information" bit the majority of the letter to Helen Huntley (as in post #111)and also stated that i would like to have my costs and damages refunded as i have made a number of requests for this information from 10th April 2006 and was only provided with this once i had initiated this claim.

 

I have also included copies of the manually created information from the transaction information that shABBEY sent.

 

I will submit a copy of allocation questionnaire and manually created statements to DLA and as well as to the county court.

 

I will also send the letter to Helen Huntley tomorrow.

 

Hope this is all the correct procedure.

 

Im going back to the court tomorrow as i feel that i may have made a mistake on the N1 form for the financial claim (as i was rushing) but ill check this tomorrow.

 

Thanks

 

LIP:roll:

[lostinparadise]

So.....i have made a mistake on my Financial claim form and it has already been served on shABBEY!!!

Im very worried now.

I have to pay £35 (non refundable) and fill out an N244 Application form. This then gets referred back to the judge for a decision.

I have come so far and am now upset that i rushed the form and have jeopardised my claim.

boo hoo....So everyone all i can say is check and recheck your forms before handing them in.

LIP:( :( :(

[lostinparadise]

I copied and pasted the template for Particulars of the claim and didnt change the amount of interest part to reflect my interest. So its still showing the £773.26 amount!! durrrrrr. On the front part of the N1 form (Value) it does show the correct amount of interest.

 

Also on triple checking i have included OD charges of £15. I suspect these may be normal OD charges, but because this info was provided in the table format i was unable to clarify this. Do i leave these in or take them out of the schedule of charges? The information doesnt clearly show me what these charges were for.

 

OK, Im going down to the county court at lunchtime. Im no-where near it but have to sort out this mess.

 

Not a happy bunny!!!

 

LIP:sad:

[lostinparadise]

Dont be silly its not your fault....i was rushing and panicking.

Lets see what happens. Ive been on this forum long enough and should have known better!!

I think it should be OK....i hope.

What will be will be!

LIP:sad:

[philread1]

Hello lip

 

Don't worry yourself too much over it, its just one of those things. We all do things in life that seem quite unbelievable after we've done them!!!

 

Its not going to alter the outcome to all this, it just delays it for a short time, thats all!!!!

 

The £15 you talk about, I seem to remember that £15 was the amount they charged for unauthorised O/D a couple of years ago, before they made it £20. I'm not 100% sure but I thought I'd mention it.

 

Keep your chin up, and don't let them grind you down!

Phil

[lostinparadise]

Thanks Phil.

 

It just drags on and on, but im cool and remaining positive.

 

The information i have has "unauthorised OD" and "OD Charge" which is what made me think. Dont know what it relates to but has been listed as a charge so Im gonna leave it on the schedule of charges and see what happens.

 

Thanks Again for the moral support guys.

 

LIP:) i'm smiling again.

[lostinparadise]

OK i am now losing the will to live.

Ive been to the court and have been presented with the following scenarios:

Scenario 1

As my claim has been served already with the mistake on the interest amount in the "Particulars of Claim", it will cost me £65 to issue an application of notice with hearing.

-Reason is that the claim form has been served

-Hearing means that the defendent (shABBEY) has a right to object to my request to change this section,which means the judge will not alter the claim form if he upholds their protest

- However the judge could grant me my wish to ammend it.

Scenario 2

I leave the claim form as is. Losing in effect £277.22. (The difference in the mistake in quoting the interest in the particulars of Claim). The clerk at the court told me that i had made a mistake in the claim anyway and that it wouldnt have been processed as a small claims and would have been moved to fast track as the "amount claimed" is over £5000:

This is the bit he is talking about:

Amount Claimed:£6027.48 (amount claimed plus interest)

Court Fee: £250

Solicitors costs: N\A

Total Amount: 6277.48

I told him that the amount in dispute should be under £5000 and the interest and costs are a separate matter but he seemed to disagree

Scenario 3

i re-issue and make sure my claim is under £5000 (including interest) and therefore pay £120 fees

WHAT DO I DO?

LIP:|

[lostinparadise]

I thought scenario 2 too. Thanks Karnevil.

Im gonna leave it as it is and see what they come back with.

If any of the MODS could give me more clarification that would be great. Im sure im not the first to do something like this.

LIP

[Seminole]

I don't understand why they want to charge you £65 to amend the claim. I'll check this later. Amending the claim to reflect the accurate figures would be the best approach. I very much doubt if there would need to be a hearing for this. Even if there was I couldn't see a court turning it down because, after all you are a litigant in person and cannot be held to the same standards as a professional.

 

The clerk is talking hogwash about fast track.

[lostinparadise]

Thanks for getting back to me Seminole.

 

Ill hold off doing anything until you get back to me with clarification.

I was told that the form i would need to fill out to ammend the claim would be a N244 Application Notice form.

Its £65 because its already been served...so i was told.

 

Sorry to have F***ed this up!! (very sorry for myself)

 

But now i have id like to fix it in the best way possible....

 

LIP

[Seminole]

Well, I amended my Abbey claim after it had been served and Clerkenwell only charged me £35. Even if it is £65 I still think that this is the better approach as it means that your claim is accurate.

[lostinparadise]

did you have to fill in any forms?

If i go back to the courts what should i say to persuade them??????

should i refer them to your case?

They were adamant that this was the way to proceed.

LIP

[Seminole]

Yes an N244 but it was a rather different matter as I had the issue of DPA non-compliance to back me up. At the end of the day it's your call and all I can really do is express an opinion. You've made a simple mistake and it should be possible to correct it. You are free to amend your claim at any time up to the fate of the hearing.

[lostinparadise]

I still have my DPA Non compliance claim running concurrently. What did you use to back up your claim from that??

Thanks for your advice. I know its my claim but i really am lost for now.

Ill try the courts again tomorrow and ill let them know that i have a right to ammend the claim up to the date of the hearing. I will mention that another similar case paid £35 to ammend the details and ask them why they are charging me £65.

Do you have a reference i could quote?

God....reading this back...i sound desperate..LOL...

Just wanna get back on track.

Thanks again Seminole!!

LIP

[lostinparadise]

Sorry for asking for spoon fed answers but here goes:

 

N244 Application Notice form

 

PART A

I LOSTINPARADISE

 

would like to ask the court permission to amend my claim xxxxxx deemed served on Abbey National PLC on 22nd July.

 

because

 

An error was made in the particulars of the claim under point 5c.

 

The interest pursuant to section 69 county courts Act 1984 from 25\10\2001 to 17\07\2006 was stated as £773.26 which was written in error.

 

The correct amount of interest being claimed appears under the 'value' section on the first page.

 

I would like to amend point 5c to read:

 

The interest pursuant to section 69 county courts Act 1984 from 25\10\2001 to 17\07\2006 of £1050.48 and also interest at the same rate up to the date of judgement or ealier payment at a daily rate of £1.09 or at such rate and for such periods as the court deems just.

 

Part B

 

I wish to rely on: tick one box

 

- the attached (witness statement) (affidavit)

- my statement of case

- evidence in Part C in support of my application

 

I was going to tick box C and let them refer to the first page of the claim to see that this was in fact a typo

 

Part C

 

I wish to rely on the following evidence in support of this application:

 

Please refer to the first page of my claim number xxxxx under the 'value' section. I correctly stated the amount of interest under this section.

 

Does anyone have any comments on what ive written in completing this N244 Apllication form???

 

Let me know

 

LIP

[lostinparadise]

Thanks Karnevil. Thats two places where the correct amount was stated on my claim!!

 

Amended to:

 

Part C

 

I wish to rely on the following evidence in support of this application:

 

Please refer to the first page of my claim number xxxxx under the 'value' section. I correctly stated the amount of interest to be claimed under this section.

 

I also provided the correct amount of interest to be claimed on the schedule of charges which was attached to the claim number xxxxx.

 

ill have a look at the following now, as i dont quite understand which relates to my situation, i think im suspending enforcement, whilst i amend the claim???:

 

this is from the hmco website

Quote:

To apply on notice for judgment to be set aside £65 To apply to vary a judgment or suspend enforcement £35 To make an application on notice £65 To apply for a summons or order for a witness to attend £35 To apply by consent, or without notice, for a judgment or

order. This does not include requests for judgment on

admission or in default for which no fee is payable £35

 

BTW if you have sent the LBA and the 7 days are up and shABBEY have not provided your statements, then you should now issue the order for the Data Protection Act Non Compliance through the courts. My information magically appeared about 2 weeks later after doing this!! It cost me £30 and i claimed £20 damages..so £50 squid!! please note this claim is still on going!!

Remember i put the LBA for DPA Non compliance in at the same time i sent them the letters before commencing the financial claim. This way the timelines ran side by side and by the time i received my information, the timelines for the letters warning of court action had expired.

Hope that makes sense.

 

 

So if you dont want to do it i guess youll have to wait or there must be a point in the estimated claim where you can force them to provide the correct information. I havent put in an estimated claim therefore cant really advise you on that in particular.

 

Hope ive been as much help as you have been to me.

 

Thanks

 

LIP

[lostinparadise]

It is affecting my job as im am preoccupied with these claims. i spent most of the day on CAG and fretting about my mistake.

The legal side is quite stressful as im not legally trained but as i advise others will be worth it in the end.

Got little done today and am up late rectifying my stupid mistake.....so need to stay focused and strong!!!

Oh well......

As for your issue, I would go down the DPA Non Compliance route to force them to provide your information and show your efforts to the courts. Seminole somehow tied his DPA Non Compliance claim into the financial one (looking at the litigation section)...so yes i think hed better advise you.

LIP