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Chichi v Abbey


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Good stuff! Take the time while you are waiting to read up as much as you can, especially in the Abbey forum to see what they will do next and how to respond.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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  • 3 weeks later...

I sent my DPA request on the 13th july, then a LBA for the Data Protection Act 1998 on the 29th August. I recieved I believe a standard 'we are investigating your complaint blah blah and we will write to you in four weeks'. The thing is i have read lots of information on taking Abbey to court RE DPA compliance and i feel totally intimidated going down this route. I have in my possession bank statements bar 2 months going back to Jan 2004 with approx £2400 in charges would it be appropriate to send an estimated LBA with this schedule of charges and try and estimate the missing months obviously trying to keep it under £5k before interest? I seem to remember that this has been done in the past. They are obviously hoping i will give up bet the more they send it to me the more i get frustrated and want to get my money back! I will go to court for the DPA request if necessary but would really like to get the money sideof things moving they took over £180 last month in charges for a few individual cost totalling less than £50......Any advice would be much appreciated.:confused:

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There's nothing wrong with initiating the claim based on the currently available evidence - I did this and then updated at LBA and again at Moneyclaim with new charges added since the beginning. Have you sent a prelim yet? You don't want to send the LBA if you haven't. You need to keep the the prelim timetable and send the LBA 14 days later, follwed by Moneyclaim 14 days after that.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Thank you so much, I have composed Prelim letter and schedule of charges The total from 29 statements was £2577, in an effort to keep it below £5k and because i think it was for a set period that we kept getting ridiculous charges i have estimated £50 x 43 months = 72 months = 6 years.

I hope you think this is ok?

I dont hold out much hope so will get ready to send the LBA in fourteen days time.

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There's no real risk of going over the £5K limit, especially as helps to get it all back in one go, rather than reducing the amount to fit or having to claim more than once. The risk is that IF it goes to court and IF you lose, it COULD cost UP TO £750 at the judge's discretion. Because the bank will have to provide evidence of their true costs they are even less likely to want to appear in court, and are far more likely to settle.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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  • 3 weeks later...

I received a letter from the Abbey this morning in response to my Data Protection Act request, they are well over the 40 days. I think I should just ignore it and go ahead with sending my LBA can you give me any advice please? Your help would be much appreciated:)

 

Thank you for your further letter dated 28th July 2006 about the transaction information you have requested under the Data Protection Act. Please accept my apologies for the delay in replying.

 

I understand that you have already received details of the transactions and charges that are held on our computer system, which was send to you free of charge within 40 days. You have therefore been given all the transaction data that you are entitled to under the Data Protection Act. Any details prior to this have been archived onto microfiche.

 

As microfiche records are not held as part of a relevant filing system, they are not covered by the data protection Act and will not therefore be provided to you under a subject Access Request.

 

I can arrange to send you this information from our microfiche records, however, it is not subject to the 40 day statutory time period. To cover our administration costs, there is a fee which is payable at the time of your request. For archived microfiche covering more than 1 month's worth of transaction information the fee is £10 per account.

 

 

I you would like me to request this information , please complete the enclosed form and return it to the address shown as soon as possible. You can pay the fee by personal cheque or postal order made payable to Abbey or we can debit your account

I am satisfied that we have complied with your specific request in accordance with the Data Protection Act. Other information requested, which is not covered by this act, will follow shorlty after we have recived your payment.

When I sent my DPA request I sent £10 which was debited from my parachute account so not sure why they are asking for more money, should i fill the form in and send it back anyway so they have no excuses other than to provide me the information? I guess i can always claim this back at a later date?

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Start a thread in the Abbey forum and read up in there - there's lots on the 'microfiche argument' and how to counter it.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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  • 2 months later...

Ok as all your questions answered your posts moved from welcome to Abbey along with new thread title:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 1 month later...

Can anyone help with an Allocation Query? I sent in my AQ before its deadline of 19th November. I have been ringing every week since to see if a decision has been made. This week I received a Judgement from the court bascially saying that Abbey have not responded with an AQ and that they are ordered to do so by the 18th January. My question is has this happened to anyone else and if so what is the process after the 18th January. Thanks in advance...

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Abbey are quite good at this and have done it before, deliberate or not the court normaly give them more time to comply, which they seem to have done in your case. Likely they will fax it through to the court on the 18th, if they do not comply with the 18th you can request judgment. I would expect they will comply in which case the judge will review the case and give directions regarding track, hearing date, and issue any orders he/she sees fit. HTH.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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  • 1 month later...

HI, I finally got my court date for the 12th April and I am busy preparing my court bundle i am trying to get hold of the OFT Statement summary and the link in the bundle is not working does anyone else have a link that works please? thank you

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This link works

Court bundle

 

OFT report

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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  • 3 weeks later...

Finally after nine months of trying i today received an offer for full and final settlement ( after a bit of haggling). Thank you so much everyone for your support and to those on the site who i have followed thank you for posting your stories they have been inspirational. As soon as my cheques clears i will donate to this worthy site :)

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