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

[lostinparadise]

Hi All

I’m a newbie and here’s the beginning of my story......

I like many on this forum have allowed charges on my bank account for a number of years without questioning why they have been so high. I never questioned them before as I had always thought they were lawful and that I was in the wrong. Sometimes Abbey have even taken out about £300 of charges from my account in one month alone which obviously had a knock on effect to payments of subsequent bills. These have occurred on a regular basis for the last 6 years and I just accepted them.

I was very anxious at the thought of having to challenge a bank, I even began doubting whether I should go through with this or not.

All I can say is that I’m very grateful to this site for providing such an in depth explanation of the current situation.

I have read and re-read many of the threads and the more I read the more I can’t believe I’ve accepted the theft of my hard earned money.

So…..after a few hours of conversation with a friend (who has challenged 3 banks and so far received full refund from 1), I sent my DPA letter on Friday, special delivery (It cost me £4.10. Recorded delivery is a lot cheaper) with the £10 fee for the information.

This should arrive at their offices on Monday 10th April, so I guess as soon as they sign for it the 40 day countdown begins.

I guess my advice to anyone who is feeling nervous or apprehensive at the thought of claiming back YOUR MONEY from the banks, is to read all the FAQ's and as many threads as you can before making your decision to proceed and prepare yourself for plenty of bulls*it from the banks!!!

Ill keep you all posted on any developments.

[Don Quioxte]

Welcome Newbie and good luck...

 

stick with it, just keep plugging away.. once you get your statements, calculate the charges and send your preliminary letter (see the library for emplates).. then let the countdown begin..

[Janet-M]

WELCOME .you have gone about it all the right way by reading the FAQ's and around the forum until you understood what you was taking on, if only everyone would do that it would make things so much easier for everyone .

Please keep us posted on your progress and good luck .

[lostinparadise]

Hi All

 

I called Abbey today for general banking business.

 

Whilst i had a customer service representative on the phone i asked if they were dealing with my DPA request. She said there was no record of a request and this may be because its on its way to the relevant department. I checked if the cheque sent had cleared but it still hadnt.

 

She said she could put in a request now for all my statements for the past 6 years so i said OK.

 

Im just wondering if now that this request has been put on my account, will my original DPA request which was sent with a £10 cheque be ignored and treated as a general request for statements? I used the letter in the library which also requests details of manual intervention.

 

I hope i havent given Shabbey an excuse to stall!!

 

LIP

[Guest Lueeze]

Check to see if your letter was delivered on the Royal Mail site! That way you know they have got it.

 

From what i hear your bank are the worst for getting statements sent!

 

Fingers crossed

[lostinparadise]

Hi Lueeze,

I checked with the Royal Mail on the 10th April through track and trace and it did get there. The electronic copy is not available online yet.

[lostinparadise]

Hi

 

Can anyone answer my question - If i have sent a DPA and £10 on 10th April, then speak to an advisor on the phone and she requests a set of statements for me, does this mean that my original DPA will be ignored and the requet treated as a normal request for statements?

 

Thanks

 

LIP

 

P.s Can my thread title be changed to LIP Vs Abbey

[towiedyer]

Hi,

 

I'm not 100% on this but I can't see the request for statement thru the call centre working. From what I've read on this and other sites, people have tried asking for statements thru the website, by email, by phone and in a branch.

 

Some are successful and some aren't and Abbey are 1 of the worst banks for complying with DPA requests.

 

I am in a similar position to you. It's been 39 days since my DPA letter with the £10 cheque. The cheque hasn't gone out of my account yet the letter was delivered the day after I sent it by recorded delivery.

 

I can see you ending up in the same position as me, about to send the Information Commissioner a letter.

 

Good luck though!

[lostinparadise]

Thanks for your reply.

 

Its seems as though its gonna be a long wait.

 

Im really curious to see just how many charges they put on my account. They basically occurred on a monthly basis over the last 6 years. I did think they were very high but just shrugged them off as i thought they were my fault and i had to pay the consequence.

 

Im really glad to know they are unlawful and have a feeling my claim will be a biggie. Something to look forward to!!!

 

So im gonna stick to the original 40 day deadline, calling them had no effect on this and will keep everyone updated.

 

The suspense on some of these threads just keeps me reading......

 

Good luck with your next stage.

 

LIP

[Don Quioxte]

Hey guys,

 

well done for getting this far.. and good luck with all your claims..

 

Might I suggest that you consider a being a little more proactive with Abbey than reactive..

 

Yes you've sent the DPA requests.. and yes, perhaps you feel by reading various threads that Abbey are "1 of the worst banks for complying", but come on, they don't give a monkey's about furnishing your DPA request (largely they figure you will give up way before legal action anyway - and they have the stats to prove it).. If you are not getting replies to your DPA requests (espeially where cheques have been sent and not yet encashed) then crikey, get onto the bank and query why. Have they received your correspondence? If they have, and chosen not to act then say you will complain seperately about poor customer service etc etc. Make their lives miserable. Threaten that you will report them to the FSA, the FOS, the OFT, your MP, the Women's Institute - for failing to respond to your correspondence in general...

 

It is not a triumph to get the bank to comply with a DPA request, nor to report them to the Information Commissioner after 40 days.. It is a victory to get your statements in as prompt a fashion as possible, at least cost to you, and at most inconvenience to the bank.... and then to act upon those statements.

 

So get on to your banks. Harrass them for your statements. Query their inadequate administrative processes, and poor customer service. Demand action. Request your statements are issued without delay. Lodge a complaint with the bank. Make it clear that they must and will take you seriously from the outset. Not tomorrow, not next week, not in forty days, and not when they receive a cautionary letter from the Information Commissioner in 6 months time.

 

Make yourself like a niggling headache that anadin and ibuprofen in copious amounts won't lessen, a hangover that demands a bloody mary, haemorrhoids that the best channel 5 advertised soothing lotion cannot touch..

 

But whatever you do, don't content yourself by being fobbed off by an institution that has the administrative resources of a medium sized African nation, and is so effective that it can apply charges, print letters, and threaten action almost before you have even thought of exceeding the terms and conditions of it's aggressively marketed credit facilities.

 

Please!

 

PS... Good Luck!!

[lostinparadise]

WOW.....if that message wasnt a kick up the wotsit i dont know what is.

Well im just waiting a couple of days to see if my statements actually arrive as they said they had ordered them.

...then ill become the rash that just wont go away......heeheehee.

[lostinparadise]

Just checked my bank account with grABBEY and the £10 cheque cleared for the DPA request on the 20th April.

 

However still no sign of the statements.........watch this space.

 

LIP

 

p.s Can the kind Mod's change my thread title to LIP Vs Abbey. Thanks!!

[Beaker_smiles]

Thanks for your words of support Lostinparadise. You seem to be one day ahead of me so we can compare to see how prompt Abbey are. Good Luck

[lostinparadise]

Ok I have now become the rash that wont go away!!!!

 

Rang grABBEY today and spoke to a very helpful Rep to ask where my statements are that ive requested.

 

I gently reminded him that the clock is ticking, that they have 16 days in which to provide this information and that they have cashed my cheque....so where is my info??

He checked with the 'checking Dept' to see if there was a backlogue:?, anyway he said that the request was noted on my account on the 18th April and that the statements should be sent out today. I should have them by the end of the week and that it normally takes 5 working days....blah blah blah.

 

 

Nothing interesting here....just thought id update my step by step online diary entry.....

[Guest Lueeze]

He checked with the 'checking Dept'

 

Wow they are really resourceful! PMSL!

[lostinparadise]

..... it could be 'Check in' or 'cheque in' or 'chucking up' dept, Im not quite sure:lol: LOL.

 

Maybe theres no such thing and he went off to do his nails!!

[Guest Lueeze]

or his makeup?

[lostinparadise]

Hi All hope you enjoyed the long weekend.

 

So I contacted shABBEY on the 28th April. I was put through to the Banking centre. I asked where my statements were that I had ordered via DPA on the 10th April. She said they take 6 weeks to come through yadda yadda yadda. (even though if you read in my previous posts I’d been advised by a member of shABBEY that this request was fulfilled on the 18th April and that I should of received my statements 5 days from then). She said that data had been archived to microfiche and it takes time to retrieve this information….yadda yadda yadda. She asked me who id spoken to and I hadn’t taken his name but told her that it should show on my account who I’ve actually spoken to. She said it didn’t.

 

I told her that she has 40 days from receipt of my letter to provide me with this info under the DPA, and furthermore if I did not receive this information then to be aware that I will be taking this further. She said that she didn’t know why I kept quoting the DPA….and I said that it is my information and that I am legally entitled to it. She also said 40 working days is what I should be working with, and I replied to her that shABBEY take charges from accounts on the weekend so my 40 days include weekends. (Basically she was pleading ignorance when she in fact knew exactly what I was talking about).

 

I told her that I have E-banking and it would be easier if they would just make these statements available online. She told me they couldn’t let me see more than the last 200 transactions on my account. I asked her how many she could see and she said a years worth. I then said well if you can see a years worth why cant I, the data must be live data and not archived, its just not logical. She said that the system I use and the one she uses are different and that she can’t do this. The conversation kept going round in circles. (In hindsight I should have asked to speak to someone who actually did know why I was quoting the DPA, I’m sure ill have other opportunities for this though in future conversations). She told me that if I had any enquiries about E-Banking then I had to speak to that team.

 

Basically she was just trying to fob me off.…....but don’t worry it didn’t work!!!!

 

I called the E-banking team and they said the same thing about having different systems, they also said that if I have made a request for my statements they normally take up to 3 weeks to arrive. I said that’s funny I just spoke to another of your reps and they said 6 weeks. You are contradicting each other!!

 

I apologise for all the “she said, he said” language in my story but im just trying to show how annoying and evasive they are being.

 

I was so angry with these responses that I forgot to take her name!! So if anyone is reading this then DON’T FORGET TO GET THE NAMES OF THE PEOPLE YOU SPEAK TO!!!

 

ALSO MAKE SURE YOU HAVE READ ALL THE INFORMATION POSSIBLE IN TERMS OF WHY THEY NEED TO PROVIDE THIS INFO, TO DEFEND YOUR POSITION WHEN SPEAKING TO THESE PEOPLE…I ASSURE YOU THAT MANY OF THEM HAVEN’T.

 

I’ve been reading about shABBEYS stalling tactics for a while on this forum, and its only when you are faced with this directly that you can understand how frustrating this is.

 

I am extremely angry about the whole incident and its only made me more determined to see this through!!!!

 

So 2 fingers up to the shABBEY and if any of the shABBEY team are reading this ……”I’m coming to get whats mine….tick tock tick tock…..19 days and counting”.

 

By the way I start a new job tomorrow and have applied for an account with Alliance and lesceister online and have been accepted. All my wages and transactions will be going through this bank. So my parachute is here and has been deployed!!

 

I can now afford to purchase a recording device for all my telephone conversations. I’m going to do this ASAP as the conversations with shABBEY seem to be getting more and more intense.

 

shABBEY have definitely lost my business, I haven’t got a mortgage, ISA or any of the possible things that I could and WILL be acquiring in the future so they have lost the chance to provide me with these.

 

I apologise for the waffling but Im sooooooooooooooooooooooooooooooooooo angry!!!!

 

LIP

[lostinparadise]

Hi All

 

This post will be shorter i promise!!

 

So i received 8 sets of statements yesturday and 4 statements today. In total i have received 12 statements covering a period of 13 months. (One month in this period is missing). It seems i should have received 14 in all, so maybe 2 will turn up tomorrow...this seems to be shABBEY's routine.

 

Ive havent had any letters from shABBEY, ive just received these statements.

 

So far I have calculated £819 of charges during that period.

 

Ill give it a couple of days and will post a letter similar to Beaker_Smiles reminding them that they have 7 days to respond before the DPA period is up and i report them!!!

 

Will keep you all posted.

 

LIP

[lostinparadise]

...so today i received a further 2 statements from shABBEY accompanied by some printouts. Altogether I have received information covering 28\01\05 - 03\05\06.

 

The total of charges for the last year alone stands at £1069!!! Im shocked.

 

The printouts came from Department C, Prescot Street, London.

 

Hmmmm what does the C stand for....Crooks, ??

[Beaker_smiles]

Perhaps they take so long because Department C is just one "Man in a suitcase". Wait a minute, that's department "S" isn't it. (Sorry I couldn't help myself)

 

LOL

[Movingon]

Newbie - for your own sanity, conduct all of your business in writing. It becomes much more dispassionate, less infuriating, and a deal less stressful. You're dealing with "Abbey" then; not personalities. Also, it's easier to stick to YOUR deadlines.

 

i.e. (in letters) do the following:

 

1. Dear Sir, Data. Now. You got 40 days.

2. Dear Sir, You got ten days to fulfil my request or I escalate to the IC. DEAL WITH IT.

2a. All data has not arrived from Abbey - write to the IC. No ifs, no buts, just DO IT. Copy Abbey on the letter. Once Data issues sorted, start from 3.

 

3. All data has arrived - count your lolly, send the prelim letter as per the template.

3a. 14th day arrives, no positive response. Send LBA

3b. Partial offer received; accept as partial offer and explain you're still pursuing the rest.

 

4. 14 days after LBA sent, file claim. No ifs, no buts, DO IT. Follow up with required paperwork etc.

 

5. Await offer or attend court... whichever appropriate.

 

p.s. this is just my personal take on a possible scenario and not legal advice. If in doubt, seek advice from a legally qualified professional.

[Beaker_smiles]

I was just wondering if you had got all the information through from shABBEY yet, as I belive your 40 day deadline was today?

[lostinparadise]

Hi Beaker Smiles

Ive been on holiday the past week so sorry for not replying sooner.

Well once the 40 days were up, i sent a "Letter before Action" letter on the 20th May, giving them 7 days to respond with the requested info.

I have not received the missing information or any response.

I have been scouring the site for help with my next step.

So these are my next steps:

1, I am making a complaint to the Information commissioner

2, I will now start my claim through the courts. I am filling out the spreadsheet for an estimated amount of £5000 (would have multiplied the years worth of info i received by 6 but that would have taken me over the 5K limit for small claims). I will be adding 8% interest on this and just wait and see.

Just one question about this how do i fill out the spreadsheet for an estimated claim? Its very confusing.

Its beginning to get a bit confusing so i would be grateful if someone could confirm that i am doing this correctly.

Thanks

LIP

[Seminole]

We are suggesting that you do things sligtly differently to the way you're proposing.

 

Have a look at the following:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6986

 

Both Alanfromderby and I are doing this at the moment and we have issued county court claims for DPS compliance a couple of weeks ago.

 

Have a read and post any questions.