NN v Abbey - *settled in full* at last WON WON WON

[Jane Austen]

Headline was:

 

Banks to be probed on illegal charges

[give_me_it_back]

I also received an email from Bankfodder (I was honoured!) thanking me for a donation I made, and he said:

 

The Information Commissioner is about to announce that Abbey's archive

system is subject to the Data Protection Act and the Barclays system is

currently being investigated. We expect a favourable result there too.

We understand that The Coop and GeMoney are now also claiming that their

records are no longer available after 5 years. This has been brought to the

attention of the Information Commissioner.

[Jane Austen]

ahh yes... I like the spokeman from abbey bit.... .

 

Did you find the witness statement example ?

 

 

Yes I did. Thanks ever so much as usual. :)

[Jane Austen]

Hi all

 

The moment I've been waiting for (apart from the money actually being in my account):

 

Received he following E-mail:

 

Dear Ms N XXXXX

 

I'm sorry I have been unable to respond to your email of 11 October 2006 sooner.

 

As you may already be aware, Abbey National plc has decided to use another firm of solicitors for the conduct of their Bank Charge Litigation. As such, all ongoing cases - including yours - will be transferred to the new firm.

 

Abbey is willing to settle you claim in full, and in order to avoid any unnecessary delay they have asked me to relay this to you. Please see a letter attached, which will follow in the post tonight. I have also written to the court informing them of Abbey's intention to settle and that we will not therefore be submitting an evidence bundle by Monday 23 October.

 

You should understand that due to Abbey's administrative processes, your request that "full settlement plus all costs, needs to be cleared into my new bank account (not Abbey) by 4pm. on Friday 20th October" is not feasible. Every effort will be made to get the settlement to you as soon as possible, but given the change in representation, there will be some delay.

 

If you have any further queries, please contact Abbey National directly:

Abbey National PLC

Abbey National House

2 Triton Square

Regent's Place

London NW1 3AN

 

Tel: 020 7756 4398 or 020 7756 4306

 

Kind regards

 

etc etc

 

No letter attached though!

[Lula]

Whohoooooooo Congratulations!!!!!!!!!

[give_me_it_back]

WELL DONE!!! Tis a busy day at Abbey, as they just told me that I was receiving the full amount also (and, in fact have already paid it in!)

 

It's all such a farce as it is perfectly clear that Abbey ARE Ashursts (see my comments at http://www.consumeractiongroup.co.uk/forum/abbey-bank/35866-abbey-changing-solicitors-6.html)

 

Great news NN!!!! :)

[lesser1010]

brilliant news,lets hope they've seen the light at long last.

[Jane Austen]

do you want to change your title yet or wait till you get the readies ??????

 

I'll wait till I've got it. Too many false starts on this one! :lol:

[Jane Austen]

As they still seem to be delaying, I have sent the following E-mail:

 

Thank you for that. However you will see that the figures are inaccurate as further charges hve been added and interest increased since my original claim I

attach the spreadsheet with the relevant figures.

 

Also, I do not want this money paid into my Abbey account - one to which I no

longer have access. I will provide details of my bank account and would think a

BACS type payment could be arranged.

 

On the matter of a change in solicitors, I have been reliably informed that it

is the Abbey legal department which has taken over the case loads and therefore

I believe this should expedite matters rather than delay them. Therefore, my

condition of a deadline at 4pm Friday still stands.

 

Can't wait for the reply.

[give_me_it_back]

HA HA!! That should get their panties in a bunch!!!

[Jane Austen]

Me neither. This must be one of the longest ever. And don't forget.... much of this was estimated and I still haven't received more than the original 15 months worth of statements. They may owe me aa lot more when I pursue them for the DPA.

[give_me_it_back]

I'll be really interested to see what happens when you sue them for non compliance of DPA - specially since the IC announcement. How do you intend giving it a monetary amount?

[Jane Austen]

GMIB - I haven't considered my response yet, not until I have the readies. I was one of the first to complain to the IC, back in May so I'll be using all the evidence I sent to them. I first made my SAR on 30th March so Abbey don't have a leg to stand on. Just think of all my time, my paper, my ink, my anxiety, my depression my...... Oh well I think you get the picture.

[Jane Austen]

Received a reply this morning informing me Abbey is now dealing with my case and to phone 1 of 2 numbers if I had any queries.

 

Phoned and was told the guy at the other end (American or Canadian) was on gardening leave and would I phone a different number.

 

Did so and the very breathless lady informed me she was out of the office and it was ..... wait for it..........."Wednesday 23rd August" but if I left a message shewould get back to me ASAP!!!! (Another north American accent)!

 

Phoned the other number given to me by DLA and got through to a lovely lady (North American again) who asked me to forward my E-mails etc and the offer letter. I informed her of my conditions and the Friday 4pm deadline, and she seemed to acknowledge my request in quite a positive way. Particularly when I asked her to take back the charges put on my account since I filed my claim. I pointed out that if this was not done then I would have to go back through the whole process agin to recover these extra charges. She agreed.

 

Here's hoping!

[joneshousehold]

Hey, nnelson congratulations. I have not been on the site for ages and have only just looked back over some of your thread. Well done for a good job.

[Jane Austen]

Thanks Jonesey. I appreciate it.

[Jane Austen]

Well, I spoke to Christine yesterday. Abbey are still being as awkward as they can. They cannot transfer funds straight to my account because of admin procedures. The cheque was aked for by DLA when they were still dealing with the case and it takes about 10 days!!!!!!

They refuse to remove the charges they have added on to my account since the claim against them was filed. They will only refund what I asked for in my claim. Therefore I am going to have to go through the whole procedure again for £401 added on since April.

 

I really feel like refusing their offer and seeing them in court but I know the judge would not appreciate this.

[give_me_it_back]

Good God! I really think it all depends what mood they wake up in! They paid my money straight in to my account and didn't even tell me they were doing it!

 

I also have more charges to claim, and, since this first claim has just ended, I wrote the following letter. I don't know what they'll say, but I thought it might be worth a go. Maybe you could try something similar?

 

In response to your letter dated 16th October, I confirm that I have received the payment in to my account of £625.66 for repayment of unlawful charges made to my account between the dates of 16.10.04 and 19.6.06.

 

I accept this payment in respect of this case only, and would make it clear that this does not, in any way, restrict me from making further claims against Abbey in respect of other unlawful charges.

 

With this in mind, I would like to advise you that I have a second and final claim to lodge. This is for charges made between the period of 1/6/00 and 16/10/04. I have enclosed the schedule of charges, which, together with interest and minimal expenses, comes to a total of £272.29.

 

I would suggest that it would make sense to settle this claim now, without the need for the further time and expense of court action. In addition to this, interest will continue to be accrue to my claim on a daily basis.

 

However, as you will be more than aware, I am certainly willing to start legal action if this is required.

 

I will give you 14 days (ie until 2nd November 2006) 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.

 

I look forward to hearing from you before 2nd November.

[Jane Austen]

That's brilliant. Thanks GMIB

[give_me_it_back]

No problem. Let me know how it goes.

[traceyrmj]

you mean they are actually going to pay you out! good lord, wonders never cease! LOL. well doen and keep on at them re athe SAR, they cant just keep ignoring you!

[Jane Austen]

Can anybody remember how many views Whizzkid got for his thread? I'm going for 10,000 plus.

[Jane Austen]

Here's hoping!

[lostinparadise]

Hi NN,

Your start of your claim was about a month b4 mine.

(Hey .....im just a little behind you with over 7000 viewings:p ...im catching up)

 

Congratulations on your offer i hope the money is not far behind.

I still have a DPA Non compliance claim ongoing too. Ive ask the judge to join the 2 claims. Awaiting his decision. Ill be really interested to see what your next move is on that one. How a monetary value is added to it.

shABBEY really are pants arent they?

Good Luck & i hope they send you a bloody cheque soon!!!

LIP;)

[Jane Austen]

I've just read an E-mail from the lovely Christine(Australian I think). She wanted me to phone her so I did at 6.15pm as I hadn't checked the E-mails before I left work.

 

She was very sorry but as she was 'just going out the door' could we speak on Monday?

 

I did remind her that the court deadline is 4pm Monday for disclosure and documents etc. Sounds a little bit like LIP's case.

 

I'll just have to get my bundle ready.:-|