Have I got this right?

[23ariel]

Have read all the bits I think I am supposed to and would like to ask some questions before I start the procedure.

I understand that Scottish and English law is different and although my bank is the Abbey I am going to follow Scottish law insted of travelling.

My questions are this

Which letter of SAR do I use the one from the library or the one from the Govan Law centre? I would prefer to use the one from the library as the Govan one is confusing to me.

Once I have handed in the SAR at my branch and obtained a receipt they then have 40 days to send out the last 5 yrs accounts. Using the spreadsheets provided by Vampiress (thanks) I then work out what my charges have been. Once I have done this I send the prelim letter for refund along with spreadsheet? and allow 14 days for a reply. After this date send the LBA and another copy of spreadsheet? and wait a further 14 days.

I think it is at this point the Scottish and English law split, am I right in thinking this? I am then off to the courts if there has been no luck by then and can use the advice can by Scotia in the thread Scottish procedure.

Sorry if I am repeating information already here bit I have spent the last week reading all the info and my head is now mince.

Someone from East kilbride replied to one of my earlier threads with all the Scottish links on it, I can't find my thread or the EK user. I will post in the Abbey forum once my SAR has been handed in to keep a track of everything.

Once again thanks for all help.

[weej]

Youve got it right, and you can use the S.A.R - (Subject Access Request) from the library.

 

Just one small hint.......most banks have their own way of dealing with things. If you post your thread on the Abbey site, you will get a much better response and will be really well prepared for any bull they throw at you. (In fact, you will probably get to know what is dropping through your letterbox BEFORE it arrives.

 

Just one more thing....at Prelim/ LBA stage, remember not to claim the 8% interest (although if going after contractual rate the this should be included in the letters above).

 

Hope this is helpful.

 

 

ps, if your claim is for more than £1500, you would probably be better off going through English/ MCOL system (especially if you have a friend/ relative in england whose address you can use)

j

[23ariel]

Thanks for that.Glad I am beginning to see the light at the end of the tunnel

[stevokenevo]

ello! if you click 'user cp' on the wee blue toolbar above, that should take you to your previous postings, i believe there is a problem with my links below, although i think the scottish one is still working, give it a bash ;-)

[23ariel]

Thanks Stevokenevo, you are the person from EK I was talking about. I have put the Scottish procedure into my favourites. Are the prelim/LBA letters one and the same or 2 different letters that are sent 14 days apart? Also I noticed on other threads that other pepole were just asking for a list of charges over the last 5 yrs rather then the whole thing. The list of charges would save me having to trawl through statements but if the whole thing is the better way to go then I will do that.

Cheers for all your help.

[smoorach]

Hey Ariel.

First Off The Two Letters Preliminary And Lba Are Two Different Letters And Your 14 Days Are Starting From When Letter Is Received So Allow 16 Usually Unless Delivered By Hand Make Sure You Get A Receipt For Them Tho. Also Imho Statements Are Best As Some Banks Are Hiding Charges As Services. Hope This Helps And Good Luck Hun

[23ariel]

Just to let you know the £80 charges for going over my od limit by £13.49 have been returned. Thank you all very much you have all been a great help. I am still going to go for the rest of my charges and when I have real money rather than od money I will donate to the site as it definately was knowing the right words to say that got me my money back.

Cheers

[stevokenevo]

Hey Ariel.

First Off The Two Letters Preliminary And Lba Are Two Different Letters And Your 14 Days Are Starting From When Letter Is Received So Allow 16 Usually Unless Delivered By Hand Make Sure You Get A Receipt For Them Tho. Also Imho Statements Are Best As Some Banks Are Hiding Charges As Services. Hope This Helps And Good Luck Hun

 

Rubbish, they 14 days are from the date on the letter, or the date of the postmark on the envelope, you dont have to give them any more time!!

S

[weej]

Stevo, you are quite right. If sending by royal mail, the recipient is legally deemed as having received the letter/ package when the post office takes it into their posession.

 

j