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

[Robertxc]

I'm not sure it's a good idea to try to deal directly with the other side at this point. Presumably they've been given their instructions by the judge, so the rest is up to them. If they miss deadlines it's their problem, not yours.

 

If you need to add anything to your claim, such as default removal, I suggest you do it through the court, rather than with the lawyer directly. They'll just write back and tell you that they're required to record your borrowing habits 'accurately', so they can't remove the default. A load of nonsense of course, but that's what they'll say.

[Jane Austen]

Thanks Robert for your advice.

 

I have already written to the judge with reference to the default removal.

 

I was informing the new solicitor as a matter of courtesy, as she has just taken over the case and I also wanted to be sure she knew I was determined to see this through.

[livelylad]

Thanks, Livelylad. Are you a classical literature fan?

 

yes:D i love Henry v wonderful:D

[Jane Austen]

New development:

 

My trainee solicitor, Rebecca phoned me on my mobile today and asked me to ring her back so we could discuss what she could do for me!!!! I didn't get the message until tonight as I had left my phone on charge.

 

Now wondering what she's after? :?

[Glenn UK]

Hot date?

[Jane Austen]

You never know! Especially with the people from DLA.

 

It'll have to wait until Monday though, I'm off to Flamingoland tomorrow - if anybody knows where that is.

[bram stoker]

I've been there! There's a great tap at the entrance. You'll see. Have fun.

[Jane Austen]

I've been there! There's a great tap at the entrance. You'll see. Have fun.

 

Where's the tap? I couldn't find it.

 

Had a great day with 100 kids from my school. Also bumped into some from my last school so had a great time. Bit wet now from the water ride.

 

My son has just been offered £300 from the Halifax. He wants to take it so I'm trying to persuade him to hang on!

[Jane Austen]

AQ has been submitted by DLA according to my trainee's E-mail.

[Jane Austen]

Well Phoned DLA. Quite offhand. No offer although she mentioned one and when I said I hadn't had one she covered up and said no we are waiting for allocation. She also suggested we wait to see what the judge says about disclosure.

 

Very different from what she led me to believe on the phone last Thursday.

 

Am I missing something here?

[Jane Austen]

The case was referred to the judge on the 19th so fairly soon, I will either get a court date OR (which I doubt), the judge will request full disclosure from Abbey.

 

I never realised I could be so patient! Not!

[Jane Austen]

In the meantime, the saga of the default continues. I sent an S10 to Abbey and I have received the following in reply:

 

 

Re Notice pursuant to slO of the Data Protection Act

 

 

 

Dear Mr & Mrs XXXXXX

 

I write further to the above notice that you have served.

 

When you opened your bank account, you were advised that details about the

conduct of your account would be passed to credit reference agencies as part of the operation of your bank account. The processing is therefore necessary for the

performance of a contract to which you are a party and, in the circumstances, s10 of the Data Protection Act does not apply to this processing. I confirm therefore that Abbey will not comply with your request.

 

Yours sincerely,

 

 

 

David Humphreys

 

 

Data Protection Consultant

Data Protection Compliance Team

 

Questions:

 

1. Why does the contract make the processing 'necessary'?

 

2. Are they taking this stance because the account is still 'open' as they refuse to close it while they say I still owe them money (all penalty charges)?

 

Any thoughts would be welcome.

[barbird1012]

Yes this happened to us too.Abbey were unhelpful when my partner changed from weekly to monthly pay and it was over xmas which made it worse .They took out £760 in ONE hit at the end of January in bank charges which then left us in BIG difficulties with paying our mortgage.It has probably taken until last month to get up to date with it all and then we have been charged by the bank for late payment of mortgage its very worrying and very upsetting!!!

[Sammy_lou3108]

First time I've read this thread and it's be a right rollercoaster (no punn intended with the whole flamingo land thing lol

 

Just about to post my own, well me on behalf of my boyfriend against abbey sorry story although not nearly as far down the line as you.

 

Keep fighting girl, and if you're from leeds we aren't too far away from each other

[Jane Austen]

Yet another twist in the tale!

 

The file was put before the judge yeterday but Abbey's AQ was missing!!!! It has to go before the judge again with the missing document.

[Sammy_lou3108]

Are they allowed to just carry on wasting your time like that?

[Jane Austen]

I really don't know who's messing who about any more.

I have to say this is really getting me down now. I haven't even had an offer of 50% and I haven't seen anyone else that got this far without one. Is there something wrong with my claim?

Every time I feel as if I'm getting somewhere then something else happens to hold things up. 179 days since I sent my first letter to Abbey.

 

I have e-mailed my DLA lackey to

1. ask for a copy of their AQ

2. ask what the **** is going on. You can use whichever 4 letter word you think best.

[Jane Austen]

Just received the following E-mail:

 

Miss XXXXXX

 

Apologies for not responding sooner to your email dated 23 September 2006.

 

I have spoken to the Court today. They confirmed safe receipt of the Defendant's Allocation Questionnaire and stated that the file is currently with the Judge. Directions, I an assured, should follow shortly.

 

Your request to see a copy of the Allocation Questionnaire has been noted. It is not our normal procedure to send a copy to the Claimant in these cases, but I shall take instructions on the matter from my client and revert back to you.

 

In the mean time, I am placing a letter in the post today setting out the terms on which my client would be prepared to settle your claim.

 

I look forward to hearing from you in due course.

 

Yours sincerely

 

 

etc etc

 

Look's like the end is nigh!

[Lula]

whohoooooo NN my guess is for 90 or 95% its nearly over!!!

[sbb1979]

Sounds good to me! Am very interested to hear what they have to say!

 

Well done!

[Jane Austen]

Still dragging it out. Only 50% offer made.

[Jane Austen]

Spoke to the court this pm. Apparently the judge is going to order Abbey to reveal their calculations as to how charges are worked out.

And of course they are going to comply......

[srfrench]

This'll be worth watching if they don't....... or even do!!!

 

Sqeeze them and stamp on the pips!

[Jane Austen]

The girl I spoke to was lovely and toldme also that the judge had directed something about the CRAs but unfortunately she couldn't read all of the writing so I'm going to have to wait for the letter for the full information on that one.

[doyin22]

nnelson,...read right through the posts you deserve every penny you are about to recieve.

I filed at my local court on thursday so am just beginning my long hurdle. As you are an expert i may need some advice soon.

Good Luck and hope everything goes well .