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

[lostinparadise]

Thanks Seminole.

These were the original templates i have been working with. Once my 40 days expired i sent the LBA letter (template 2). The 7 days are now up for this too so this is now where im confused.

They havent responded. Sorry im not sure where things are different on this link to what ive sent already.

LIP

[Seminole]

Sorry I misunderstood.

 

The next stage we suggest is a specific action for DPA compliance through the county court rather than a complaint to the Information Commissioner.

 

The draft particulars of complaint are in the templates section. You need to complete an N1 claim form using the template and take it to your local county court (you can't use Moneyclaim for this). You may need to be quite insistent that they accept this on an N1 form as I certainly did.

 

Have a look at the particulars of claim template and let us know if you have any questions.

 

I should add that at the same time that Alan submitted his DPA claim he issued a prelim letter to Abbey for an estimated claim. This means that the cycle for the estimated claim runs about 28 days behind the DPA claim.

[lostinparadise]

Hi Seminole

 

Ok ive read "DPA Non-Cmpliance - Particulars of claim, posted by AlanfromDerby and also had a look at the N1 claim form.

 

I have a couple of questions to clarify things.

 

* N1 form

 

Does this information (particulars of claim) get entered on the N1 form under the “brief details of claim” section?

 

Do I have to hand this in person? Could someone else hand this in for me? (very difficult to get time off work)

 

How much will this cost?

 

When this is handed into the court why do I need to argue that they should accept it, what is the reasoning behind it?

 

* Letter - Preliminary approach for repayment.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=671

 

I understand from what I have read that I need to send this letter off to the bank as at the same time.

 

Under this section:

 

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX

 

Do I change the wording to say “ In the absence of information requested under the DPA subject access request, I calculate the estimated amount you have taken in total to be £5000…….?

 

And delete the …plus £XXX which you have charged me in overdraft interest………..(as this is difficult to work out)?

 

Sorry if my questions are repetitive but i really want to get this right.

 

Thanks for your help

 

LIP:confused:

[Seminole]

Hi Seminole

 

Ok ive read "DPA Non-Cmpliance - Particulars of claim, posted by AlanfromDerby and also had a look at the N1 claim form.

 

I have a couple of questions to clarify things.

 

* N1 form

 

Does this information (particulars of claim) get entered on the N1 form under the “brief details of claim” section?

No, put it under the particulars of claim section on the second page. The brief details of claim section should include a sentence to the effect that you are seeking a mandatory injunction that the defendant fully complies with your Subject Access Request.

 

Do I have to hand this in person? Could someone else hand this in for me? (very difficult to get time off work)

You should sign the form but someone else can hand it in for you. Moneyclaim can't be used for this sort of action.

 

How much will this cost?

I agreed £30 with the court which is the minimum fee for a small claims action. I think this may actually have been a mistake by the court as I think there is a specific fee for claims seeking something other than money. You should be guided by the court on this.

 

When this is handed into the court why do I need to argue that they should accept it, what is the reasoning behind it?

There's a specific FAQ about this. In my case the court tried to suggest that it was a Part 8 claim. It would be a very bad idea to make a claim on this basis as Part 8 claims are not small claims and would expose you to costs. It is essential that you submit the claim on an N1.

 

 

* Letter - Preliminary approach for repayment.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=671

 

I understand from what I have read that I need to send this letter off to the bank as at the same time.

 

Under this section:

 

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX

 

Do I change the wording to say “ In the absence of information requested under the DPA subject access request, I calculate the estimated amount you have taken in total to be £5000…….?

 

And delete the …plus £XXX which you have charged me in overdraft interest………..(as this is difficult to work out)?

Essentially yes. I think Alan posted a copy of his prelim letter in the thread here. My estimated claim against Abbey is for £5k plus the court fee. This approach actually makes it difficult to draft the actual claim form for the charges but I think it's the most sensible way of dealing with it.

 

 

Sorry if my questions are repetitive but i really want to get this right.

No, that's fine. This is a new area for us as well and it's important to get these things right.

 

 

Thanks for your help

[lostinparadise]

Thanks for this. Ive had a read and will sort it all out tomorrow.

LIP

[sharont1]

i have sent the lba to shabbey today so will probably be filing a claim against them this time next week

we are all in this together!!!

[lostinparadise]

Good Luck Sharont1!!

So this is the Preliminary approach for repayment letter i will be sending next week:

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: XXXXX

 

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

In the absence of information requested under the DPA subject access request, I calculate the estimated amount you have taken in total to be £5000 + interest + court fees + all costs related in bringing this matter to your attention.

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will actually respond than merely sending me leaflets.(i havent received any letters from Abbey standard or non standard).

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

Your refusal to adhere to the terms of section 7 of the Data Protection Act 1998 has prevented me from being able to discover the full extent of your unlawful charges. Therefore, please be advised that today I have commenced an action against you, at XXXXX Court, under section 7 and section 15(2) of the Data Protection Act 1998.

Yours faithfully,

The red bits are what ive added to the standard letter in the library and taken from Alanfromderbys paragraphs posted on his thread. I really dont feel comfortable with this!!!! Please let me know if this is OK. My friend will hand in the N1 to my local court on the same day this letter is sent.

Thanks all

LIP:confused:

[Movingon]

You don't feel comfortable because of the culture of fear which banks have bred into their customer base. The worst that can happen is, you'll lose and you'll have spent £220... as you already know, there are many banks out there, you don't have to use this one.

[Jane Austen]

I was a little confused by the letter. Are you giving them another 14 days? Then another 14 days? Stick to your original timetable.

Why are you giving them any more time? File the claim!

[barracad]

I was a little confused by the letter. Are you giving them another 14 days? Then another 14 days? Stick to your original timetable.

Why are you giving them any more time? File the claim!

 

I was confused by the letter too... I think it means they are filing a claim for the breach of the DPA, but the letter informing them of this is also the prelim for claiming the charges back.

 

It is a little confusing, perhaps it would be best sending 2 seperate letters?

[lostinparadise]

Hi all

Im glad it wasnt just me that was confused on reading my letter...lol.

Im receiving mixed feedback.

Seminole suggested i take shABBEY to court over non compliance of the DPA and send the preliminary approach for repayment. If i follow this path then i will separate the 2 actions in 2 separate letters to shABBEY. Ill send a preliminary approach for repayment and file the N1 for the DPA in court.

What you guys are saying is to just put a claim in straight away. Not give them what in effect will be a further 28 days.

Can someone clear this up once and for all!!!!

Pleeeeeeeeeeeeeaaaaaaaaaaseeeeeeee.........................

By the way my parachute account with the alliance and leiscester was opened a little while back and my salary and all banking are being conducted through this account, so i know shABBEY are not the only bank around!!!

Thanks

LIP:confused:

[barracad]

What you guys are saying is to just put a claim in straight away. Not give them what in effect will be a further 28 days.

 

File a claim for DPA non-compliance straight away, but as for getting your charges back send the prelim & LBA etc.

 

As I suggested earlier, keep correspondence for the 2 different things seperate so that your DPA claim doesn't get confused with the claim for your charges.

[lostinparadise]

Ok one more question then ill definitely get these documents off....

 

On the N1 form Under this section:6. The damage caused is:

 

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £xxx.

Im not sure how much the court fee will be so im just going to claim for £8.20 for the special delivery of 2 letters, £10 DPA fee and estimated £130 for court fee.

Anyone have any ideas about how much to charge for time spent preparing documents and seeking legal advice??

Im just photocopying both my letters, bank statement showing the deduction of £10 for the DPA request and the special delivery receipts to attach to the claim.

LIP

 

 

 

[barracad]

Costs... you want to be reasonable. The main thing you want is to force the disclosure. I'd probably just put £30, including the DPA fee but it's entirely your call. If you like you can estimate how much time you have spent and times it by how much you normally get paid if you're employed and use this as a figure to work from.

 

Don't include the court fee in the amount you are claiming for damages as this will be itemised seperately on the N1.

 

Just looking at court fees and I think it will cost you £150 as you are claiming "for something other than money" (Although the fact you are specifying an amount for damages may mean they class it as a monetary claim - seek advice from your local court)

 

Details of court fees: http://www.hmcourts-service.gov.uk/infoabout/fees/county.htm

[lostinparadise]

I guess i shouldnt really put any monetary value in this N1 claim then. When i send in my monetary claim for charges i guess i could claim for all expenses then?

What d'ya think?

LIP

[alanfromderby]

On the N1 form Under this section:6. The damage caused is:

 

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £xxx.

 

Im not sure how much the court fee will be so im just going to claim for £8.20 for the special delivery of 2 letters, £10 DPA fee and estimated £130 for court fee.

 

 

On your DPA claim you can only claim for Damage due to the banks failure to action the DPA request. You can certainly claim for the £4.10 for sending the DPA letter before action - probably another £5 for time spent preparing case etc.

 

You cannot claim £10 DPA fee on this claim, as you are demanding that they carry out the DPA - this can be added to your financial claim later.

 

You don't need to specify the court fee in this section - it is included further down the Particulars of Claim.

[lostinparadise]

Thanks Alan. That totally clarifies the costs issue.

Ill keep you all updated!!

LIP

[lostinparadise]

Hi Just an update,

Ive sent a preliminary approach for repayment by special delivery which should reach shABBEY tomorrow before 1pm. The 14 days for this will be up on the 20th June.

My friend cant get to the local court and i cant take time off work so im looking for a county court near Liverpool Street in London (near where i work) and will put in the N1 DPA claim in my lunch hour if possible.

Someone mentioned that there may be a county court in Bank...which is close to Liverpool St...now how ironic would that be!!

Let you know what happens.

LIP

[Seminole]

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/SearchList.do

 

Hopefully the above will help.

[barracad]

List of Courts:

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

 

Also changed the title of your thread is that ok?!!

[lostinparadise]

Thanks Barracad and Seminole.

Ive found one very close to where i work and....Ive been trying to change the title of my thread for ages, thanks for that too!!

 

LIP:)

[Beaker_smiles]

Hi LIP,

 

Thanks for your post, I'll be off to the court today to pick up my N1 form, and hope the cost won't be too high.

 

With a bit of luck I can get the N1 back to the court tomorrow and get the LBA to Abbey today.

 

As you say, we must remain strong, because it is turning into a drag. I can see what they were on about, with regard to shABBEY dragging their feet.

[lostinparadise]

Ok So i went to see the whereabouts of this court today. I cant believe how scared i was just to have a look.

Had a chat with the clerk who tried to give me a N22 form. I was very nervous and dont think i explained myself very well.

Anyway ill go back tomorrow with all the relevant documents and a better explanation.

Didnt think i'd be like this....but then again ive never been to a court!!!

LIP:cry:

[Seminole]

No, you MUST submit it on an N1. Do not let them persuade you to use another form.

[lostinparadise]

Hi

 

Please dont all shout at me at once!!!!

 

I visited the court and tried to get them to take my N1 form and they are not budging.

 

I told them that:

 

1, The Information Commissioner has said that this type of claim can be submitted on an N1 form and go through the small claims track

 

2, That i am a member of the Banking Action Group and am aware that a number of people have successfully put in a claim on an N1 form to force the banks to comply with their subject action requests.

 

They insisted that i should fill out a pre-action application and i insisted that it should be submitted on a N1 form.

 

She then went on to say that for an injunction i need to use an injunction form and i insisted that it should be submitted on an N1 form.

 

She then said a claim with no monetary limit would cost 1700:o

 

So the Customer Service Rep asked the following questions:

 

1, How do they calculate the court fee

2, Could i provide them with a court name and case number of a similar claim submitted on a N1 form

 

They will then call them up to find out how the claim forms were processed, as they have never had anyone submit this type of claim on an N1 form.

 

(Just as an aside, on the form in the brief details of claim i wrote " I am seeking a mandatory injunction that the defendant fully complies with my subject action request". I left the "Value" bit blank. The rest is as per template). Hope thats ok!!!

 

 

Can anyone who has successfully handed in the N1 form (ALANFROMDERBY/SEMINOLE) provide me with a court and case number via PM.

 

Thanks loads

 

LIP