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

[rambot]

hi nn. still here. i have followed another tactic and awaiting a response as we speak, i will be able to update you all in a short while.

well done and good luck for the final hurdle

[Jane Austen]

You really have me intrigued now, Rambot!!

[coldcarpet]

if you record calls you are obliged to advise the other person you are doing so that other person also has the right to a copy of the recording its illegal if you dont advise recording or when asked produce a copy for the asking party

[Jane Austen]

if you record calls you are obliged to advise the other person you are doing so that other person also has the right to a copy of the recording its illegal if you dont advise recording or when asked produce a copy for the asking party

 

I don't know where this has come from.This debate went on earlier in my thread and the consensus was you only tell them if you intend to use the recording as evidence. Is your post referring to this? I record calls to remind me what was said.

[Jane Austen]

AQ + £100 fee delivered to th court half an hour ago.

 

Abbey, obviously, and true to form, have not submitted anything yet as they have until 11th September.

[Jane Austen]

Phoned the court today but Abbey have not submitted their AQ yet. Unless it's in the post, as I write, they are going to miss Monday's deadline.

[livelylad]

i hope so good luck:D

[Odd Fellow]

Phoned the court today but Abbey have not submitted their AQ yet. Unless it's in the post, as I write, they are going to miss Monday's deadline.

 

No matter. If they miss the deadline, they'll be given another 2 weeks. Stinks, don't it?

[Jane Austen]

Thanks, Livelylad. Are you a classical literature fan?

[Jane Austen]

Sorry, Odd I missed your reply. I agree. I can smell it from here!

[Jane Austen]

I have just been re-reading the defence submitted by my trainee solicitor and in one of the paragraphs referring to 'position under the 1999 regulations' it reads:

 

"I am informed by Mr Squires that the charges which the defendant (Abbey) levies both reflect and are proportionate to the administrative costs incurred by the defendant in an account."

 

2 questions:

 

Is this paragraph usual in a DLA defence?

Who (excuse my ignorance) is Mr Squires?

[Jane Austen]

*Update*

 

No AQ from Abbey's solicitors even though I E-mailed them twice this afternoon to remind them.

 

The case now goes back before the judge so it will probably mean they get another 10 days to submit the AQ. One of the clerks I spoke to at the court said the judge could throw their defence out tomorrow!

 

HERE'S HOPING!

[Jane Austen]

I know. It's like a never ending story.

 

In the meantime I came home to the following letter:

 

7 September 2006

Re Notice pursuant to s10 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, slO of the Data Protection Act does not apply to this processing. I confirm therefore thatAbbey will not comply with your request.

 

Yours sincerely,

 

 

David Humphreys

Data Protection Consultant

Data Protection Compliance Team

 

 

I have phoned his direct dial number (01908 344104 for anyone who might need it) but it's on voicemail.

 

Any ideas what he's on about? Anybody?

[Robertxc]

I know. It's like a never ending story.

 

In the meantime I came home to the following letter:

 

7 September 2006

Re Notice pursuant to s10 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, slO of the Data Protection Act does not apply to this processing. I confirm therefore thatAbbey will not comply with your request.

 

Yours sincerely,

 

 

David Humphreys

Data Protection Consultant

Data Protection Compliance Team

 

 

I have phoned his direct dial number (01908 344104 for anyone who might need it) but it's on voicemail.

 

Any ideas what he's on about? Anybody?

Is this account still open? If not, then I suggest you read this thread: http://www.consumeractiongroup.co.uk/forum/legalities/24962-about-experian-about-information.html

[Jane Austen]

Robert

 

Unfortunately the account is still open because they refused to close it on the grounds that I still owe them money. Any money overdrawn is made up purely with bank charges which I have obviously asked to be returned. There was no way I could allow any more money to be paid into the account so they have been adding interest and charges at a rate of knots since I opened my parachute account in May.

 

Is there anything I can do?

 

Most people have settled befor egetting anywhere near a position like this.

Do I have to fight them in court over this too?

[Robertxc]

Well, if you settle this action and end up with an account at £0, then you can close the account and force them to remove the historical data from the CRAs. It may take a while, and you may have to take them back to court, but it may well be worth it. If it were me I would be asking the court to amend my action to include the removal of the default. That way, if they want to settle, they'll have to do it. Since you've been buggered about by them so much, it shouldn't be a problem.

[Jane Austen]

I'll take your advice Robert and I'll amend my claim accordingly. I don't think I could face going through all this again!

 

Many thanks, as ever, for all your help.

[Robertxc]

If you do it quickly you should manage it no bother. Abbey can hardly object since it's them who recalled it. There's no actual difficulty in them removing a Default, since they have computerised access to your credit file anyway.

[Jane Austen]

Thanks again Robert.

 

I E-mailed the managing partner at the DLA Leeds office today and asked (politely) what was going on as they had now missed 2 deadlines (The original acknowledgement and then the AQ). I got the following reply which may have useful contact information for some of you:

 

Thank you for your e-mail of today addressed to Neil McLean who is the Managing Partner of this office. I have forwarded your e-mail to Rebecca Beecroft (direct line : 0113 369 2205) who is now dealing with this matter.

 

Yours sincerely

 

 

Julie Lang

PA to Neil McLean

Office Managing Partner

DLA Piper UK LLP

Tel : +44 (0)113 369 2801

Fax: +44 (0)113 369 2896

 

 

Wasn't it nice of them to tell me I had a different person dealing with it.

 

Has anybody else got Rebecca Beecroft?

[Jane Austen]

I'll ring her after 11 when I have some 'free' time. They have been given until the 19th to submit their AQ so it's not 10 days. I'll ask her for full diclosure and also that I want the default which they have now apparently put on my account.

[Jane Austen]

Just rung her and what do you know?.... she's not in the office today!

 

Any suggestions for my letter to the judge?

[give_me_it_back]

Nice one. i have copied that too in case I need it.

[Jane Austen]

Excellent. Thanks Karne. Whatwould I do without you?

[Jane Austen]

Thanks to Zooman

[Jane Austen]

Just sent off the following E-mail to my new trainee solicitor who says them not filing the AQ was an oversight:

 

 

Thank you for your E-mail. I find it difficult to believe that there has been

another 'oversight' by your firm which I believe has an international network

and therefore a correspondingly high profile. There have now been two such

'oversights' regarding my claim and I do not believe the same excuse can be used

for both incidents.

 

I am aware that Abbey has instructed your firm to 'defend' many similar cases

and in every one of these cases, up to now, they have settled before a full

hearing. Therefore, as far as I am concerned this is another time wasting tactic

either by your firm or by Abbey.

 

I would welcome the opportunity to take this to court where Abbey can provide me

with full disclosure as to how their charges are calculated and the judge can

then decide whether they are indeed proportionate.

 

I trust you will infom your client both of my views on disclosure and my request

for their default to be removed from all 3 main Credit Reference Agencies.

 

Regards

 

 

NN